South Carolina General Assembly
110th Session, 1993-1994

Bill 3684


                    Current Status
Introducing Body:               House
Bill Number:                    3684
Ratification Number:            257
Act Number:                     117
Primary Sponsor:                Fair
Type of Legislation:            GB
Subject:                        Juvenile records, release to
                                school officials
Companion Bill Number:          538
Date Bill Passed both Bodies:   19930603
Computer Document Number:       DKA/4411AL.93
Governor's Action:              S
Date of Governor's Action:      19930611
Introduced Date:                19930311
Date of Last Amendment:         19930526
Last History Body:              ------
Last History Date:              19930611
Last History Type:              Act No. 117
Scope of Legislation:           Statewide
All Sponsors:                   Fair
Type of Legislation:            General Bill

History

Bill   Body    Date          Action Description              CMN  Leg Involved
----   ------  ------------  ------------------------------  ---  ------------
3684   ------  19930611      Act No. 117
3684   ------  19930611      Signed by Governor
3684   ------  19930610      Ratified R 257
3684   Senate  19930603      Read third time, enrolled for
                             ratification
3684   Senate  19930602      Read second time, unanimous
                             consent for third reading on
                             Thursday, June 3, 1993          
3684   Senate  19930601      Recalled from Committee,        04
                             placed on Calendar
3684   Senate  19930601      Introduced, read first time,    04
                             referred to Committee
3684   House   19930527      Read third time, sent to
                             Senate
3684   House   19930526      Amended, read second time
3684   House   19930519      Committee Report: Favorable     25
                             with amendment
3684   House   19930311      Introduced, read first time,    25
                             referred to Committee
View additional legislative information at the LPITS web site.


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

(A117, R257, H3684)

AN ACT TO AMEND SECTION 20-7-3300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUVENILE RECORDS OF THE DEPARTMENT OF YOUTH SERVICES SO AS TO PROVIDE THAT CERTAIN INFORMATION MAY BE RELEASED TO SCHOOL OFFICIALS AND TO PROVIDE A PROCEDURE FOR REQUESTS; AND TO AMEND SECTION 59-63-217 RELATING TO BARRING ENROLLMENT OF STUDENTS SO AS TO ADD ADJUDICATION FOR ASSAULT AND BATTERY OF A HIGH AND AGGRAVATED NATURE.

Whereas, the General Assembly finds that there has been an increase in criminal activity and violence in the public schools of this State; and

Whereas, public school officials need information about students to manage problems associated with criminal activity to protect all persons on school property. Now, therefore,

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

School notification of juvenile records of Department of Youth Services

SECTION 1. Section 20-7-3300 of the 1976 Code, as last amended by Act 448 of 1990, is further amended to read:

"Section 20-7-3300. Records and information of the department pertaining to juveniles are confidential as provided in Section 20-7-780. However, where necessary and appropriate to ensure the provision and coordination of services and assistance to a juvenile under the custody or supervision of the department, the board must establish policies by which the department may transmit information and records to another department, agency, or school district of state or local government, or private institution or facility licensed by the State as a child serving organization, where the information is required for admission or enrollment of the juvenile into a program of services, treatment, training, or education. If requested, records and information provided to a public or private school by the Department of Youth Services must include in the case of an individual who has been adjudicated for having committed a violent crime, as defined in Section 16-1-60, the unlawful use of possession of a weapon, assault and battery of a high and aggravated nature, or the unlawful sale of drugs whether or not it is considered to be drug trafficking, a copy of, and, if requested, information pertaining to that person's juvenile criminal record. A request for information must be in writing from the principal of the school the juvenile is attending or seeking to attend and must contain the juvenile's name, address, and social security number as contained in the records of the school district. If a juvenile has been adjudicated and committed to the Department of Youth Services for such an offense, the person's juvenile criminal record must be provided by the Department of Youth Services to the principal of the school which the juvenile is eligible to attend immediately upon the person's release from the Department of Youth Services. Each school district is responsible for developing a policy for schools to follow within the district which ensures that the confidential nature of these records and of the other information received is maintained. This policy must include at a minimum the retention of the juvenile's criminal record, and other information relating to his criminal record, in the juvenile's school disciplinary file, or in some other confidential location, restricting access to the file and to its contents to school personnel as considered necessary and appropriate to meet and adequately address the educational needs of the juvenile and for the destruction of these records upon the juvenile's completion of secondary school, or upon reaching twenty-one years of age."

Adjudication to bar student enrollment in school

SECTION 2. Section 59-63-217(A) of the 1976 Code, as added by Act 506 of 1992, is amended to read:

"(A) In determining whether or not a student meets the standards of conduct and behavior promulgated by the board of trustees necessary for first time enrollment and attendance in a school in the district, the board shall consider nonschool records, the student's disciplinary records in any school in which the student was previously enrolled as these records relate to the adjudication of delinquency in any jurisdiction, within or without this State, of violations or activities which constitute violent crimes under Section 16-1-60, adjudications for assault and battery of a high and aggravated nature, the unlawful use or possession of weapons, or the unlawful sale of drugs whether or not considered to be drug trafficking. Based on this consideration of the student's record, the board may bar his enrollment in the schools of the district."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 11th day of June, 1993.