Current Status Bill Number:4804 Ratification Number:538 Act Number:435 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19980312 Primary Sponsor:Jennings All Sponsors:Jennings Drafted Document Number:bbm\9640mm.98 Companion Bill Number:1114 Date Bill Passed both Bodies:19980616 Date of Last Amendment:19980616 Governor's Action:S Date of Governor's Action:19980706 Subject:Threatening life of public employee or family unlawful, Crimes and Offenses; School districts, Minors, Juveniles
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
------ 19980713 Act No. A435
------ 19980706 Signed by Governor
------ 19980617 Ratified R538
House 19980616 Ordered enrolled for ratification
House 19980616 Conference Committee Report adopted 98 HCC
Senate 19980616 Conference Committee Report adopted 88 SCC
House 19980616 Conference powers granted, 98 HCC McMaster
appointed Reps. to Committee of Fleming
Conference Altman
Senate 19980616 Conference powers granted, 88 SCC Bryan
appointed Senators to Committee Wilson
of Conference Ford
Senate 19980616 Insists upon amendment
House 19980604 Non-concurrence in Senate amendment
Senate 19980604 Read third time, returned to House
with amendment
Senate 19980604 Amended
Senate 19980528 Read second time, notice of
general amendments
Senate 19980527 Committee report: Favorable 11 SJ
Senate 19980421 Introduced, read first time, 11 SJ
referred to Committee
House 19980417 Read third time, sent to Senate
House 19980416 Unanimous consent for third
reading on the next Legislative day
House 19980416 Amended, read second time
House 19980415 Committee report: Favorable with 25 HJ
amendment
House 19980312 Introduced, read first time, 25 HJ
referred to Committee
View additional legislative information at the LPITS web site.
(A435, R538, H4804)
AN ACT TO AMEND SECTION 16-3-1040, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THREATENING THE LIFE, PERSON, OR FAMILY OF A PUBLIC OFFICIAL, TEACHER, OR PRINCIPAL, SO AS TO MAKE IT UNLAWFUL TO THREATEN THE LIFE, PERSON, OR FAMILY OF ANY PUBLIC EMPLOYEE, AND REVISE THE PENALTIES FOR VIOLATION; TO AMEND CHAPTER 7 OF TITLE 5, RELATING TO MUNICIPAL CORPORATIONS, BY ADDING SECTION 5-7-12 SO AS TO PROVIDE FOR DESIGNATION AND ASSIGNMENT OF A SCHOOL RESOURCE OFFICER FOR LAW ENFORCEMENT PURPOSES IN CONNECTION WITH A SCHOOL OR SCHOOL SYSTEM; TO AMEND ARTICLE 4, CHAPTER 63, TITLE 59, RELATING TO REPORTING OF SCHOOL CRIMES, BY ADDING SECTION 59-63-335 SO AS TO PROVIDE FOR LIABILITY OF A SCHOOL ADMINISTRATOR AND DISTRICT FOR ATTORNEY'S FEES AND COSTS ASSOCIATED WITH ENFORCEMENT OF SCHOOL CRIME REPORTING REQUIREMENTS; TO AMEND SECTION 59-63-360, RELATING TO THE ATTORNEY GENERAL'S MONITORING OF SCHOOL CRIME REPORTS, SO AS TO ALLOW HIM OR HIS DESIGNEE TO REPRESENT THE SCHOOL DISTRICT WHEN A CRIMINAL CASE IS APPEALED; TO AMEND SECTION 59-63-370, RELATING TO A STUDENT'S CONVICTION OR DELINQUENCY ADJUDICATION FOR CERTAIN CRIMES, SO AS TO INCLUDE CERTAIN DRUG ACTIVITIES AND WEAPONS OFFENSES AND TO DEFINE "WEAPON"; AND TO AMEND SECTION 20-7-8505, RELATING TO JUVENILE RECORDS, SO AS TO PROVIDE FOR DISCLOSURE OF RECORDS TO A SCHOOL BY THE DEPARTMENTS OF JUVENILE JUSTICE, CORRECTIONS, AND PROBATION, PARDON, AND PAROLE SERVICES AND TO INCLUDE SCHOOL CRIMES.
Be it enacted by the General Assembly of the State of South Carolina:
Threatening the life, person, or family of a public official
SECTION 1. Section 16-3-1040 of the 1976 Code, as last amended by Act 579 of 1990, is further amended to read:
"Section 16-3-1040. (A) It is unlawful for a person knowingly and wilfully to 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 verbal or electronic communication which contains a threat to take the life of or to inflict bodily harm upon the public official, teacher, or principal, or members of his immediate family if the threat is directly related to the public official's, teacher's, or principal's professional responsibilities.
(B) It is unlawful for a person knowingly and wilfully to deliver or convey to a public employee a letter or paper, writing, print, missive, document, or electronic communication or verbal or electronic communication which contains a threat to take the life of or to inflict bodily harm upon the public employee or members of his immediate family if the threat is directly related to the public employee's official responsibilities.
(C) A person who violates the provisions of subsection (A), upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both.
(D) A person who violates the provisions of subsection (B), upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both.
(E) For purposes of this section:
(1) 'Public official' means an 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) 'Public employee' means a person employed by the State, a county, a municipality, a school district, or a political subdivision of this State, except that for purposes of this section, a 'public employee' does not include a teacher or principal of an elementary or secondary school.
(3) 'Immediate family' means the spouse, child, grandchild, mother, father, sister, or brother of the public official, teacher, principal, or public employee."
South Carolina School Safety Act
SECTION 2. This act is known and may be cited as the "South Carolina School Safety Act of 1998".
School resource officer
SECTION 3. The 1976 Code is amended by adding:
"Section 5-7-12. (A) The governing body of a municipality or county may upon the request of any other governing body or of any other political subdivision of the State, including school districts, designate certain officers to be assigned to the duty of a school resource officer and to work within the school systems of the municipality or county. The person assigned as a school resource officer shall have statewide jurisdiction to arrest persons committing crimes in connection with a school activity or school-sponsored event. When acting pursuant to this section and outside of the sworn municipality or county of the school resource officer, the officer shall enjoy all authority, rights, privileges, and immunities, including coverage under the workers' compensation laws that he would have enjoyed if operating in his sworn jurisdiction.
(B) For purposes of this section, a 'school resource officer' is defined as a person who is a sworn law enforcement officer pursuant to the requirements of any jurisdiction of this State, who has completed the basic course of instruction for School Resource Officers as provided or recognized by the National Association of School Resource Officers or the South Carolina Criminal Justice Academy, and who is assigned to one or more school districts within this State to have as a primary duty the responsibility to act as a law enforcement officer, advisor, and teacher for that school district."
Liability for failure to report school crimes
SECTION 4. The 1976 Code is amended by adding:
"Section 59-63-335. Failure of a school administrator to report criminal conduct as set forth in Section 59-24-60 or failure to report information concerning school-related crime pursuant to Section 59-63-330 shall subject the administrator and the school district to liability for payment of a party's attorney's fees and the costs associated with an action to seek a writ of mandamus to compel the administrator and school district to comply with Section 59-24-60 or 59-63-330."
Attorney General
SECTION 5. Section 59-63-360 of the 1976 Code, as added by Act 324 of 1996, is amended to read:
"Section 59-63-360. The Attorney General shall monitor all reported school crimes. The Attorney General or his designee may represent the local school district when a criminal case is appealed to an appellate court of competent jurisdiction."
Student's conviction or delinquent adjudication for certain crimes; notice; permanent records; "weapon" defined
SECTION 6. Section 59-63-370 of the 1976 Code, as added by Act 80 of 1997, is amended to read:
"Section 59-63-370. Notwithstanding any other provision of law:
(1) When a student who is convicted of or adjudicated delinquent for assault and battery against school personnel, as defined in Section 16-3-612, assault and battery of a high and aggravated nature committed on school grounds or at a school-sponsored event against any person affiliated with the school in an official capacity, a violent offense as defined in Section 16-1-60, an offense in which a weapon as defined in Section 59-63-370 was used, or for distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53 of Title 44 is assigned to the Department of Juvenile Justice, the Department of Corrections, or to the Department of Probation, Parole, and Pardon Services, that agency is required to provide immediate notice of the student's conviction or adjudication to the senior administrator of the school in which the student is enrolled, intends to be enrolled, or was last enrolled. These agencies are authorized to request information concerning school enrollment from a student convicted of or adjudicated delinquent for an offense listed in this item.
(2) When a student convicted of or adjudicated delinquent for an offense listed in item (1) of this section is not sentenced to incarceration or probation, the presiding judge shall as part of his sentence order the clerk of the municipal, magistrate, or general sessions court to provide, within ten days, notification of the student's sentence to the appropriate school district for inclusion in the student's permanent record. If the student is under the jurisdiction of the family court and is not referred to the Department of Juvenile Justice, the prosecuting agency must provide notification within ten days to the appropriate school district.
(3) An administrator notified pursuant to this section is required to notify each teacher or instructor in whose class the student is enrolled of a student's conviction of or adjudication for an offense listed in item (1) of this section. This notification must be made to the appropriate teachers or instructors every year the student is enrolled in school.
(4) If a student is convicted of or adjudicated delinquent for an offense listed in item (1) of this section, information concerning the conviction or adjudication and sentencing must be placed in the student's permanent school record and must be forwarded with the student's permanent school records if the student transfers to another school or school district.
A 'weapon', as used in this section, means a firearm, knife with a blade-length of over two inches, dirk, razor, metal knuckles, slingshot, bludgeon, or any other deadly instrument used for the infliction of bodily harm or death."
Juvenile records; confidentiality
SECTION 7. Section 20-7-8505 of the 1976 Code, as added by Act 383 of 1996, is further amended to read:
"Section 20-7-8505. Records and information of the department pertaining to juveniles shall be confidential as provided in Section 20-7-8510; provided, however, that 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 director must establish policies by which the department may transmit such information and records to another department or agency of state or local government, a school district, or a private institution or facility licensed by the State as a child-serving organization, where such is required for admission or enrollment of the juvenile into a program of services, treatment, training, or education. Records and information provided to a public or private school by the Department of Juvenile Justice, the Department of Corrections, or the Department of Probation, Parole, and Pardon 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, for a crime in which a weapon as defined in Section 59-63-370 was used, for assault and battery against school personnel, as defined in Section 16-3-612, assault and battery of a high and aggravated nature committed on school grounds or at a school-sponsored event against any person affiliated with the school in an official capacity, or for distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53 of Title 44, notice as set forth in Section 59-63-370. The person's juvenile criminal record must be provided by the Department of Juvenile Justice, the Department of Corrections, or the Department of Probation, Parole, and Pardon Services to the principal of any school to which the person is seeking enrollment, upon the principal's request. 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 deemed 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."
Time effective
SECTION 8. This act takes effect upon approval by the Governor.
Approved the 6th day of July, 1998.