Current Status Introducing Body:House Bill Number:3575 Primary Sponsor:Manly Committee Number:25 Type of Legislation:GB Subject:School district employee, offense against child Residing Body:House Current Committee:Judiciary Companion Bill Number:895 Computer Document Number:NO5/7229.BD Introduced Date:Feb 21, 1991 Last History Body:House Last History Date:Feb 26, 1991 Last History Type:Referred to Committee Scope of Legislation:Statewide All Sponsors:Manly Mattos Cato Baker Vaughn Fair Jaskwhich M.O. Alexander Type of Legislation:General Bill
Bill Body Date Action Description CMN
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3575 House Feb 26, 1991 Referred to Committee 25
3575 House Feb 26, 1991 Recalled from Committee 21
3575 House Feb 21, 1991 Introduced, read first time, 21
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-615 SO AS TO PROVIDE FOR REPORTS OF CRIMINAL OFFENSES ALLEGED TO HAVE BEEN COMMITTED AGAINST A CHILD BY A SCHOOL DISTRICT EMPLOYEE ON SCHOOL DISTRICT PROPERTY OR DURING AN OFFICIAL SCHOOL ACTIVITY, INVESTIGATION, PROSECUTION, AND LIMITATION ON EMPLOYMENT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 20-7-615. (A) Local law enforcement authorities promptly shall investigate reports of criminal offenses alleged to have been committed against a child by an employee of a school district if the alleged offense occurred on school district property or during an official school activity.
(B) When an investigation of a report substantiates that an offense occurred, the case promptly must be referred to the circuit solicitor for prosecution in the court of appropriate jurisdiction.
(C) An employee of a school district or a member of a school board who has knowledge or reasonable suspicion of the commission of a criminal offense in subsection (A) shall report the knowledge or suspicion to local law enforcement authorities. An employee or member who knowingly fails to report or a person who interferes with the making of a report is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than six months, or both. A person who reports in good faith is immune from civil or criminal liability which may result from the report, and in related proceedings good faith is a rebuttable presumption.
(D) A person convicted of a criminal offense in subsection (A) must not be employed by a school district unless the local school board determines that he is rehabilitated and does not pose a threat to the school aged population of the district.
(E) For purposes of this section, criminal offenses include offenses recognized in the statutory and common law of this State. Nothing in Chapter 7 of Title 20 limits investigations of local law enforcement authorities pursuant to this section or limits circuit solicitors in prosecuting related cases."
SECTION 2. This act takes effect upon approval by the Governor.