Download This Version in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
AMENDED
June 1, 2004
S. 458
Introduced by Senators Kuhn, Giese, Leatherman, Ravenel, Waldrep, Martin, Grooms, Branton, Richardson, Fair, Verdin, Hayes, Thomas, Mescher and Knotts
S. Printed 6/1/04--H. [SEC 6/2/04 1:30 PM]
Read the first time April 30, 2003.
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.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
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. Chapter 78, Title 15 of the 1976 Code is amended by adding:
"Section 15-78-210. (A) As used in this section:
(1) 'Teacher' means a:
(a) licensed teacher, principal, administrator, or other educational professional who works on school grounds;
(b) professional or non-professional employee who works on school grounds and has responsibility for maintaining order, discipline, or ensuring safety; and
(c) school employee who, in an emergency, is called upon to maintain order, discipline, or to ensure safety.
(2) 'School' means a public or private kindergarten, public or private elementary school, public or private middle school or junior high, public or private high school, vocational school, secondary school, or home school that includes students not related by blood to the operator.
(3) 'Student' means a person enrolled at a school in the State of South Carolina.
(B) A teacher may bring a civil action against a student who commits a criminal offense against the teacher if the offense occurs on school grounds or at a school sponsored event. Nothing in this subsection is intended to limit the civil remedies available to another party as a result of the same criminal act.
(C) Except as otherwise provided in this subsection, no teacher has civil liability to a student or a party acting in the interest of a student for an act or omission by the teacher that occurs while the teacher is acting on behalf of the school if the:
(1) teacher was acting within the scope of the teacher's employment;
(2) actions of the teacher violated no state, local, or federal law including regulations set forth by the individual district or school;
(3) acts or omissions were not the result of wilful or intentional conduct or gross negligence;
(4) acts or omissions were not the result of the teacher operating a motor vehicle or watercraft; and
(5) actions of the teacher do not constitute a violation of the student's civil rights."
SECTION 5. 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.
This web page was last updated on Thursday, June 25, 2009 at 9:52 A.M.