South Carolina General Assembly
108th Session, 1989-1990

Bill 4852


                    Current Status

Bill Number:               4852
Ratification Number:       713
Act Number                 579
Introducing Body:          House
Subject:                   Relating to the crime of carrying
                           weapons on school property
View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A579, R713, H4852)

AN ACT TO ENACT THE "SAFE SCHOOLS ACT OF 1990"; TO AMEND SECTION 16-23-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF CARRYING WEAPONS ON SCHOOL PROPERTY, SO AS TO INCREASE THE PENALTIES; TO AMEND SECTION 44-53-445, AS AMENDED, RELATING TO THE DISTRIBUTION OF A CONTROLLED SUBSTANCE WITHIN A CERTAIN PROXIMITY OF A SCHOOL, SO AS TO INCLUDE THE UNLAWFUL PURCHASING OF A CONTROLLED SUBSTANCE AS A CRIMINAL OFFENSE, SO AS TO EXPAND THE SCOPE OF THE CRIME TO INCLUDE BEING IN A PUBLIC OR PRIVATE SCHOOL, ON A PUBLIC PLAYGROUND OR PARK, AND IN, OR WITHIN A RADIUS OF ONE-HALF MILE OF THE GROUNDS OF, A PUBLIC VOCATIONAL OR TRADE SCHOOL OR TECHNICAL EDUCATION CENTER, OR A PUBLIC OR PRIVATE COLLEGE OR UNIVERSITY, PROVIDE FOR A VIOLATION INVOLVING THE DISTRIBUTION, SALE, MANUFACTURE, OR POSSESSION WITH INTENT TO DISTRIBUTE CRACK COCAINE, PROVIDE A PENALTY FOR THE PURCHASE OF A CONTROLLED SUBSTANCE, INCLUDING CRACK COCAINE, CHANGE REFERENCES "PRESUMPTIONS OF INTENT TO DISTRIBUTE" TO "INFERENCES OF INTENT TO DISTRIBUTE", AND CHANGE CODE SECTION REFERENCES; TO AMEND SECTION 20-7-430, AS AMENDED, RELATING TO TRANSFER OF JURISDICTION BY CERTAIN COURTS OVER JUVENILES, SO AS TO PROVIDE THAT IF A CHILD FIFTEEN YEARS OF AGE OR OLDER IS CHARGED WITH A VIOLATION OF SECTION 16-23-430(1) OR SECTION 44-53-445, THE COURT MAY, UNDER CERTAIN CONDITIONS AND CIRCUMSTANCES, BIND OVER THE CHILD FOR PROPER CRIMINAL PROCEEDINGS TO A COURT WHICH WOULD HAVE TRIAL JURISDICTION OF THE OFFENSES IF COMMITTED BY AN ADULT; TO AMEND CHAPTER 63, TITLE 59, RELATING TO EDUCATION AND PUPILS GENERALLY, BY ADDING ARTICLE 4 SO AS TO ENACT THE "SCHOOL CRIME REPORT ACT"; TO AMEND SECTION 59-5-65, RELATING TO THE POWERS AND RESPONSIBILITIES OF THE STATE BOARD OF EDUCATION, SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL DEVELOP BY REGULATION A MODEL SAFE SCHOOLS CHECKLIST TO BE USED BY SCHOOL DISTRICTS TO ASSESS THEIR SCHOOLS' SAFETY STRENGTHS AND WEAKNESSES; TO REQUIRE THE STATE BOARD OF EDUCATION TO PROMULGATE BY DECEMBER 31, 1990, THE REGULATION REQUIRED PURSUANT TO THE ITEM ADDED TO SECTION 59-5-65 BY THIS ACT; AND TO AMEND SECTION 16-3-1040, RELATING TO THREATENING THE LIFE, PERSON, OR FAMILY OF A PUBLIC OFFICIAL, SO AS TO EXTEND THE PROVISIONS OF THIS SECTION TO A TEACHER OR PRINCIPAL OF AN ELEMENTARY OR SECONDARY SCHOOL.

Be it enacted by the General Assembly of the State of South Carolina:

Penalties increased

SECTION 1. Section 16-23-430(2) of the 1976 Code is amended to read:

"(2) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in an amount not to exceed one thousand dollars or imprisoned for a term not to exceed one year, or both. Any weapon or object used in violation of this section may be confiscated by the law enforcement division making the arrest."

Purchase made unlawful; playgrounds, parks added, etc.

SECTION 2. Section 44-53-445 of the 1976 Code, as last amended by Act 128 of 1987, is further amended to read:

"Section 44-53-445. It is a separate criminal offense for a person to unlawfully distribute, sell, purchase, manufacture, or to unlawfully possess with intent to distribute, a controlled substance while in or on or within a radius of one-half mile of the grounds of a public or private elementary, middle, or secondary school; a public playground or park; a public vocational or trade school or technical educational center; or a public or private college or university. Any person committing this act must be, upon conviction, punished by a fine not to exceed ten thousand dollars, or by imprisonment not to exceed ten years, or both. When a violation involves the distribution, sale, manufacture, or possession with intent to distribute crack cocaine, the punishment, upon conviction, must be a fine of not less than ten thousand dollars and imprisonment for not less than ten nor more than fifteen years. When a violation involves only the purchase of a controlled substance, including crack cocaine, the punishment, upon conviction, must be a fine of not to exceed one thousand dollars or imprisonment for a term not to exceed one year, or both.

For purposes of the creation of inferences of intent to distribute, the inferences set out in Sections 44-53-370 and 44-53-375 apply to criminal prosecutions under this section."

Minor bound over as an adult

SECTION 3. Section 20-7-430 of the 1976 Code, as last amended by Act 110 of 1989, is further amended by adding an appropriately numbered item to read:

"( ) If a child fifteen years of age or older is charged with a violation of Section 16-23-430(1) or Section 44-53-445, the court may after full investigation and hearing, if it considers it contrary to the best interest of the child or the public to retain jurisdiction, acting as committing magistrate, bind over the child for proper criminal proceedings to a court which would have trial jurisdiction of the offenses if committed by an adult."

School crime reporting

SECTION 4. Chapter 63, Title 59 of the 1976 Code is amended by adding:

"Article 4

School Crime Reporting

Section 59-63-310. This article may be cited as the `School Crime Report Act'.

Section 59-63-320. By December 31, 1990, the State Department of Education, after consultation with the State Law Enforcement Division, shall develop a standard school crime reporting form which must be used by all school districts in the State. The form must define what constitutes criminal activity required to be reported and must include, but is not limited to, the following:

(1) types and frequency of criminal incident;

(2) crimes against the person, including:

(a) description of crime;

(b) age and sex of offender and whether the offender is a student. If the offender is a student, whether he attended the school where the crime occurred or a different school, and whether he was under school suspension or expulsion at the time of the offense;

(c) age and sex of the victim and whether the victim is a student. If the victim is a student, whether he attended the school where the crime occurred or a different school. If the victim is not a student, whether he was employed at the school and, if so, in what capacity;

(d) where, at what time, and under what circumstances the incident occurred;

(e) the cost of the crime to the school and to the victim;

(f) what action was taken by the school administration;

(3) crimes against property, including:

(a) description of the crime;

(b) where, at what time, and under what circumstances the crime occurred;

(c) the cost of the crime to the school and to the victim;

(d) what action was taken by the school administration.

Section 59-63-330. On forms prepared and supplied by the State Department of Education, each school district in the State shall report school-related crime quarterly to the State Department of Education. The department shall compile the information received from the districts and annually, not later than January thirty-first of the year following the districts' final quarterly reports of the school year, make a report to the General Assembly on the findings.

Section 59-63-340. The State Board of Education shall promulgate regulations necessary to enforce the provisions of this article."

Model safe schools checklist

SECTION 5. Section 59-5-65 of the 1976 Code is amended by adding at the end the following appropriately numbered item:

"( ) Develop by regulation a model safe schools checklist to be used by school districts on a regular basis to assess their schools' safety strengths and weaknesses. The checklist must include:

(a) the existence of a comprehensive safety plan;

(b) communication of discipline policies and procedures;

(c) intraagency and interagency emergency planning;

(d) recording of disruptive incidents;

(e) training of staff and students;

(f) assessment of buildings and grounds;

(g) procedures for handling visitors;

(h) assignment of personnel in emergencies;

(i) emergency communication and management procedures; and

(j) transportation rules and accident procedures."

Regulation promulgated by December 31, 1990

SECTION 6. The State Board of Education shall promulgate by December 31, 1990, the regulation required pursuant to the item added to Section 59-5-65 of the 1976 Code under Section 5 of this act.

Citation of act

SECTION 7. This act may be cited as the "Safe Schools Act of 1990".

Coverage extended to teachers, principals

SECTION 8. Section 16-3-1040 of the 1976 Code is amended to read:

"Section 16-3-1040. It is unlawful for any person to knowingly and wilfully deliver or convey to a public official or to a teacher or principal of an elementary or secondary school any letter or paper, writing, print, missive, document, or electronic communication or any verbal or electronic communication which contains any threat to take the life of or to inflict bodily harm upon the public official, teacher, or principal, or members of their immediate families.

Any person violating the provisions of this section must, upon conviction, be punished by a term of imprisonment of not more than five years.

For purposes of this section:

(1) 'Public official' means any elected or appointed official of the United States or of this State or of a county, municipality, or other political subdivision of this State.

(2) 'Immediate family' means the spouse, child, grandchild, mother, father, sister, or brother of the public official, teacher, or principal."

Time effective

SECTION 9. This act takes effect upon approval by the Governor.

Approved the 12th day of June, 1990.