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COMMITTEE REPORT
May 19, 2004
S. 458
Introduced by Senators Kuhn, Giese, Leatherman, Ravenel, Waldrep, Martin, Grooms, Branton, Richardson, Fair, Verdin, Hayes, Thomas, Mescher and Knotts
S. Printed 5/19/04--H.
Read the first time April 30, 2003.
To whom was referred a Bill (S. 458) 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, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. A. This SECTION may be cited as the "South Carolina Teacher Protection Act of 2004".
B. 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 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 and, upon conviction, must be fined not more than one thousand dollars, or imprisoned not more than one year, or both.
A student who commits simple assault against 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 when the offense occurs on school grounds or at a school sponsored event is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both.
(C) A student who commits assault and battery, other than one that is aggravated, against 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 when the offense occurs on school grounds or at a school sponsored event is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
(D) A student who commits assault and battery of a high and aggravated nature against 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 when the offense occurs on school grounds or at a school sponsored event is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than ten years, or both. A person is guilty of assault and battery of a high and aggravated nature pursuant to the provisions of this subsection if the person intentionally commits an assault and battery which involves the use of a deadly weapon or results in serious bodily injury to the victim.
(E) If a school official reports an incident pursuant to this section to any school principal, vice principal, assistant principal, or other school administrator, the school administrator shall report the incident to law enforcement for investigation.
(F) Sentencing pursuant to this section must comply with the requirements of Article 15, Chapter 3, Title 16."
C. Section 16-3-1535 of the 1976 Code is amended by adding:
"(G) At each proceeding, the summary court judge must inquire if the victim has been notified of the proceeding, if the victim is present at the proceeding, and if the victim desires to be heard at the proceeding."
D. Section 16-3-1545 of the 1976 Code is amended by adding:
"(N) At each proceeding, the family court judge must inquire if the victim has been notified of the proceeding, if the victim is present at the proceeding, and if the victim desires to be heard at the proceeding."
E. Chapter 25, Title 59 of the 1976 Code is amended by adding:
"Section 59-25-900. 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 who is:
(1) the victim of a violation of Section 16-3-612 for which a student was convicted, adjudicated delinquent, or plead guilty or nolo contendere, and
(2) injured as a result of the violation of Section 16-3-612 to the extent that his injury prevents him from returning to his former position within the school district, must be allowed to continue to participate in all retirement, insurance, and deferred compensation programs he was enrolled in at the time of the injury. The district shall continue to make the employer contributions on behalf of the injured employee."
F. This SECTION takes effect upon approval by the Governor and applies to offenses committed on or after the effective date.
SECTION 2. A. Section 20-1-15 of the 1976 Code, as added by Act 327 of 1996, is amended to read:
"Section 20-1-15. (A) A marriage Any attempted or putative union between persons of the same sex is void ab initio and against the public policy of this State.
(B) Public acts, records, judicial proceedings, licenses issued by another jurisdiction in contravention of subsection (A), or any other governmental recognition are of no legal force or effect, void ab initio, and will not be recognized by this State or its political subdivisions in accordance with the strong public policy of South Carolina.
(C) Marriage in this State and its political subdivisions is exclusively defined as a union between one man and one woman."
B. Article 1, Chapter 1, Title 20 of the 1976 Code is amended by adding:
"Section 20-1-17. (A) The recognition or extension by this State or its political subdivisions of the specific statutory benefits of a legal marriage to nonmarital relationships between persons of the same sex or different sexes is against the strong public policy of this State and its political subdivisions. Any public act, record, or judicial proceeding of this State or its political subdivisions that extends the specific statutory benefits of legal marriage to nonmarital relationships between persons of the same sex or different sexes is void ab initio. Nothing in this subsection may be construed to:
(1) prohibit the extension of specific benefits otherwise enjoyed by all persons, married or unmarried, to nonmarital relationships between persons of the same sex or different sexes, including the extension of benefits conferred by any statute that is not expressly limited to married persons;
(2) affect the validity of private agreements that are otherwise valid under the laws of this State.
(B) any public act, record, or judicial proceeding of any other state, country, or other jurisdiction outside this State that extends the specific benefits of legal marriage to nonmarital relationships between persons of the same sex or different sexes must be considered and treated in all respects as having no legal force or effect in this State or its political subdivisions and must not be recognized by this State or its political subdivisions."
C. This SECTION takes effect upon approval by the Governor.
SECTION 3. A. Section 14-23-1040 of the 1976 Code, as last amended by Part IV, Section 3, Act 678 of 1988, is further amended to read:
"Section 14-23-1040. (A) Before January 1, 2006, No a person is not eligible to hold the office of judge of probate who is not unless the person at the time of his election a citizen of the United States and of this State, has not attained the age of twenty-one years upon his election, has not become a qualified elector of the county in which he is to be a judge, and has not received a four-year bachelor's degree from an accredited post-secondary institution or if he has received no degree he must have four years' experience as an employee in a probate judge's office in this State.:
(1) is a citizen of the United States and a resident of this State;
(2) is twenty-one years of age;
(3) is a qualified elector of the county in which he is to be a judge;
(4) has graduated from high school or, if he has no degree, has four years' experience as a full time associate probate judge in a probate judge's office in this State; and
(5) has not been convicted of a felony offense or an offense involving moral turpitude under the laws of this State, any other state, or the United States.
(B) After December 31, 2005, through December 31, 2007, a person is not eligible to hold the office of judge of probate unless the person at the time of his election:
(1) is a citizen of the United States and a resident of this State;
(2) is twenty-one years of age;
(3) is a qualified elector of the county in which he is to be a judge;
(4) has obtained an degree from an accredited college or community college or, if he has no degree, has four years' experience as a full time associate probate judge in a probate judge's office in this State; and
(5) has not been convicted of a felony offense or an offense involving moral turpitude under the laws of this State, any other state, or the United States.
(C) After December 31, 2007, a person is not eligible to hold the office of judge of probate unless the person at the time of his election:
(1) is a citizen of the United States and a resident of this State;
(2) is twenty-one years of age;
(3) is a qualified elector of the county in which he is to be a judge;
(4) has obtained a four year bachelor's degree from an accredited post-secondary institution or, if he has no degree, has four years' experience as a full time associate probate judge in a probate judge's office in this State; and
(5) has not been convicted of a felony offense or an offense involving moral turpitude under the laws of this State, any other state, or the United States.
(D) Notwithstanding the provisions of this section, a person holding the office of probate judge as of July 1, 2004, is deemed to have satisfied the requirements of this section to hold his current office and for the purposes of running for election or re-election. However, if a person deemed to be qualified for the office of probate judge pursuant to the provisions of this subsection is out of office for a term or a portion of a term before seeking election, the person shall satisfy the applicable requirements of this section to be qualified to run for office."
B. Upon approval by the Governor, this SECTION takes effect July 1, 2004.
SECTION 4. A. Chapter 17, Title 2 of the 1976 Code is amended by adding:
"Section 2-17-55. It is unlawful for a state agency, authority, or department to directly or indirectly hire or retain an independent contractor as a lobbyist as defined in Section 2-17-10(13). The provisions of this section do not include foundations established by state-sponsored universities or institutions of higher education which do not receive appropriated funds on an annual basis."
B. This SECTION takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
JAMES H. HARRISON for Committee.
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. 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 against a student who commits a criminal offense against the person if the offense occurs on school grounds or at a school-sponsored event. Nothing in this section prohibits or precludes a school administrator, school official, or other entity from bringing a civil action against the student regardless of whether the individual who was victimized brings a civil action."
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 If the offense under this section occurs on school grounds or at a school-sponsored event against 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, the student who commits the offense must be punished as follows:
(1) for a simple assault, if there is no accompanying battery, the student is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars but not more than one thousand dollars, or imprisoned not more than thirty days, or both. A magistrate has the authority to sentence a person pursuant to this subsection;
(2) for 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 the student is guilty of a misdemeanor and, upon conviction, must be fined not more less than one thousand dollars but not more than three thousand dollars, or imprisoned not less than thirty days but not more than one year, or both.; or
(3) for an assault and battery of a high and aggravated nature, the student is guilty of a felony and, upon conviction, must be fined not less than three thousand dollars but not more than five thousand dollars, or imprisoned not less than three years but not more than fifteen years, or both.
(C) When a student is convicted of a violation of subsection (B)(2) or (3), the court may suspend execution of all or part of the sentence, except for the mandatory minimum sentence, and place the offender on probation.
(D) Notwithstanding any other provision of law, a person affiliated with the school in an official capacity pursuant to this section may file a criminal complaint, sign an affidavit requesting the issuance of a warrant, or bring a civil action against a student who commits a criminal offense against the person if the offense occurs on school grounds or at a school-sponsored event. Nothing in this section prohibits or precludes a school administrator, school official, or other entity from filing a criminal complaint, signing an affidavit requesting the issuance of a warrant, or bringing a civil action against a student regardless of whether the individual who was victimized files a complaint, requests the issuance of a warrant, or brings a civil action."
(E) Nothing in this section prohibits a judge from sentencing a student as a youthful offender, pursuant to Chapter 19, Title 24, if the judge determines that a youthful offender sentence is appropriate and the judge states on the record his specific reasons for sentencing the student pursuant to the Youthful Offender Act.
(F) Sentencing pursuant to this section must comply with Article 15, Chapter 3, Title 16."
SECTION 4. Section 16-3-1515 of the 1976 Code is amended to read:
"Section 16-3-1515. (A) A victim or prosecution witness who wishes to exercise his rights under this article or receive services under this article, or both, must provide a law enforcement agency, a prosecuting agency, a summary court judge, the Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice, as appropriate, his legal name, current mailing address, and current telephone number, upon which the agency must rely in the discharge of its duties under this article.
(B) A victim who wishes to receive restitution must, within appropriate time limits set by the prosecuting agency or summary court judge, provide the prosecuting agency or summary court judge with an itemized list which includes the values of property stolen, damaged, or destroyed; property recovered; medical expenses or counseling expenses, or both; income lost as a result of the offense; out-of-pocket expenses incurred as a result of the offense; any other financial losses that may have been incurred; and an itemization of financial recovery from insurance, the offense victim's compensation fund, or other sources. The prosecuting agency, court, or both, may require documentation of all claims. This information may be included in a written victim impact statement.
(C) A victim who wishes to be present for any plea, trial, or sentencing must notify the prosecuting agency or summary court judge of his desire to be present. This notification may be included in a written victim impact statement.
(D) A victim who wishes to submit a written victim impact statement must provide it to the prosecuting agency or summary court judge within appropriate time limits set by the prosecuting agency or summary court judge.
(E) A victim who wishes to make an oral victim impact statement to the court at sentencing must notify the prosecuting agency or summary court judge of this desire request in advance of the sentencing.
(F) At any proceeding held before a summary court, family court, or circuit court judge, the judge must inquire if the victim has been notified of the proceeding, if the victim is present at the proceeding, and if the victim desires to be heard at the proceeding."
SECTION 5. Chapter 25, Title 59 of the 1976 Code is amended by adding:
"Section 59-25-900. 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 who is:
(1) the victim of a violation of Section 16-3-612 for which a student was convicted, adjudicated delinquent, or plead guilty or nolo contendere, and
(2) injured as a result of the violation of Section 16-3-612 to the extent that his injury prevents him from returning to his former position within the school district, must receive the difference between his workers' compensation benefits and his full salary and benefits for the remainder of service until his retirement or until a physician certifies that he is medically able to return to his former position, whichever occurs first."
SECTION 6. Section 16-3-1040 of the 1976 Code, as last amended by Act 435 of 1998, 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 a 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. It is unlawful for a person knowingly and wilfully to deliver or convey a threat to another person to take the life of or to inflict bodily harm upon a public official, teacher, or principal, or members of his immediate family if the subject of the threat is in imminent danger from the person making the threat and the person making the threat has the apparent present ability to carry out the threat.
(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 a public employee or members of his immediate family if the threat is directly related to the public employee's official responsibilities. It is unlawful for a person knowingly and wilfully to deliver or convey a threat to another person to take the life of or to inflict bodily harm upon a public employee or members of his immediate family if the subject of the threat is in imminent danger and the person making the threat has the apparent present ability to carry out the threat.
(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."
SECTION 7. This act takes effect upon approval by the Governor and applies to offenses committed on or after the effective date.
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