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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-70 SO AS TO ALLOW A PERSON AFFILIATED WITH A SCHOOL TO BRING A CIVIL ACTION AGAINST A STUDENT WHO COMMITS ASSAULT AND BATTERY AGAINST THE PERSON; AND TO AMEND SECTION 16-3-612, RELATING TO A STUDENT COMMITTING ASSAULT AND BATTERY AGAINST A PERSON AFFILIATED WITH A SCHOOL, SO AS TO CHANGE THE OFFENSE FROM A MISDEMEANOR TO A FELONY, AND TO ALLOW A PERSON AFFILIATED WITH A SCHOOL TO BRING A CIVIL ACTION AGAINST A STUDENT WHO COMMITS ASSAULT AND BATTERY AGAINST THE PERSON.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "South Carolina Teacher Protection Act of 2003".
SECTION 2. Chapter 75, Title 15 of the 1976 Code is amended by adding:
"Section 15-75-70. Notwithstanding another provision of law, a person affiliated with a school in an official capacity including, but not limited to, administrators, teachers, faculty, substitute teachers, teachers' assistants, student teachers, custodial staff, food service staff, volunteers, law enforcement officers, school bus drivers, school crossing guards, or other regularly assigned school-contracted persons may bring a civil action in tort against a student who commits assault and battery against the person."
SECTION 3. Section 16-3-612 of the 1976 Code is amended to read:
"Section 16-3-612. (A) For purposes of this section:
(1) 'Student' means a person currently enrolled in any a school.
(2) 'School' includes, but is not limited to, a public or private school that contains any grades of kindergarten through twelfth grade, a public or private colleges, universities college or university, and any vocational, technical, or occupational school.
(B) A student who commits an assault and battery, other than one that is aggravated, on school grounds or at a school-sponsored event against any a person affiliated with the school in an official capacity including, but not limited to, administrators, teachers, faculty, substitute teachers, teachers' assistants, student teachers, custodial staff, food service staff, volunteers, law enforcement officers, school bus drivers, school crossing guards, or other regularly assigned school-contracted persons is guilty of assault and battery against school personnel which is a misdemeanor felony and, upon conviction, must be fined not more less than one thousand dollars and not more than ten thousand dollars, or imprisoned not more than one year ten years, or both.
(C) Notwithstanding another provision of law, a person affiliated with the school in an official capacity pursuant to subsection (B) may bring a civil action in tort against a student who commits assault and battery against the person pursuant to Section 15-75-70."
SECTION 4. This act takes effect upon approval by the Governor.
This web page was last updated on Thursday, June 25, 2009 at 9:52 A.M.