South Carolina General Assembly
116th Session, 2005-2006

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S. 13

STATUS INFORMATION

General Bill
Sponsors: Senators McConnell, Moore, Campsen, Elliott, Ritchie, Verdin, Mescher, Setzler, Bryant, Alexander, Fair, Grooms, Richardson and Lourie
Document Path: l:\council\bills\ms\7048ahb05.doc
Companion/Similar bill(s): 26, 3025

Introduced in the Senate on January 11, 2005
Introduced in the House on April 14, 2005
Last Amended on March 17, 2005
Currently residing in the House Committee on Judiciary

Summary: Teacher Protection Act of 2005

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   12/8/2004  Senate  Prefiled
   12/8/2004  Senate  Referred to Committee on Judiciary
   1/11/2005  Senate  Introduced and read first time SJ-86
   1/11/2005  Senate  Referred to Committee on Judiciary SJ-86
    2/4/2005  Senate  Referred to Subcommittee: Martin (ch), Hutto, Ritchie, 
                        Bryant, Lourie
   3/16/2005  Senate  Committee report: Favorable with amendment Judiciary 
                        SJ-12
   3/17/2005  Senate  Amended SJ-22
   3/17/2005  Senate  Read second time SJ-22
   3/17/2005          Scrivener's error corrected
   4/13/2005  Senate  Read third time and sent to House SJ-31
   4/14/2005  House   Introduced and read first time HJ-48
   4/14/2005  House   Referred to Committee on Judiciary HJ-48

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/8/2004
3/16/2005
3/17/2005
3/17/2005-A

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

Indicates Matter Stricken

Indicates New Matter

COMMITTEE AMENDMENT ADOPTED

March 17, 2005

S. 13

Introduced by Senators McConnell, Moore, Campsen, Elliott, Ritchie, Verdin, Mescher, Setzler, Bryant, Alexander, Fair, Grooms, Richardson and Lourie

S. Printed 3/17/05--S.    [SEC 3/17/05 3:59 PM]

Read the first time January 11, 2005.

            

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE SOUTH CAROLINA TEACHER PROTECTION ACT OF 2005, BY ADDING SECTION 15-78-210 SO AS TO PROVIDE PROTECTION FROM CIVIL LIABILITY FOR TEACHERS ACTING IN THE SCOPE OF THEIR EMPLOYMENT AND TO PROVIDE AN EXCEPTION TO THIS PROTECTION; BY ADDING SECTION 59-25-900, SO AS TO PROVIDE THAT A PERSON ASSOCIATED WITH A SCHOOL IN AN OFFICIAL CAPACITY WHO IS INJURED TO THE DEGREE THAT THE PERSON IS UNABLE TO RETURN TO HIS FORMER POSITION BY A STUDENT CONVICTED OF A VIOLATION OF THE SOUTH CAROLINA TEACHER PROTECTION ACT THAT CAUSED THE INJURY MUST BE ALLOWED TO CONTINUE IN ALL RETIREMENT, INSURANCE, AND DEFERRED COMPENSATION PROGRAMS IN WHICH THE PERSON WAS ENROLLED AT THE TIME OF THE INJURY WITH THE EMPLOYER REQUIRED TO CONTINUE EMPLOYER CONTRIBUTIONS ON BEHALF OF THE INJURED EMPLOYEE; TO AMEND SECTION 16-3-612, RELATING TO THE OFFENSE OF A STUDENT COMMITTING ASSAULT AND BATTERY AGAINST SCHOOL PERSONNEL, SO AS TO REDEFINE INTO THREE OFFENSES WITH SEPARATE PENALTIES FOR EACH, INCLUDING ESTABLISHING THE MOST SERIOUS OFFENSE AS A FELONY, AND TO AMEND SECTIONS 16-3-1535, 16-3-1545, AND 16-3-1550, RELATING TO THE REQUIREMENTS FOR NOTICE FOR CRIME VICTIMS AND WITNESSES TO CRIMES IN CRIMINAL AND JUVENILE OFFENDER PROCEEDINGS, SO AS TO REQUIRE JUDGES IN THESE PROCEEDINGS TO MAKE A SPECIFIC INQUIRY INTO COMPLIANCE WITH THESE NOTICE REQUIREMENTS.

Amend Title To Conform

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

SECTION    1.    SECTIONS 1, 2, and 3 of this act may be cited as the "South Carolina Teacher Protection Act of 2005".

SECTION    2.    Chapter 25, Title 59 of the 1976 Code is amended by adding:

"Section 59-25-900.    (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; or

(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, a public or private elementary school, a public or private middle school or junior high, a public or private high school, a secondary school, an adult education school, a home school that includes students not related by blood to the operator, a public or private college or university, and any vocational, technical, or occupational school.

(3) 'Student' means a person:

(a)    enrolled in a school, whether the person is suspended or not suspended; or

(b)    expelled from a school within one year of enrollment.

(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-related event, or if the offense is directly related to the teacher's professional responsibilities. Nothing in this subsection is intended to limit the civil remedies available to another party as a result of the same criminal act.

(C)    In addition to the protections granted under the South Carolina Tort Claims Act, no teacher has civil liability to a student or to 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.

(D)    This section does not affect the provisions of the South Carolina Tort Claims Act."

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:

(a)    enrolled in any a school, whether the person is suspended or not suspended; or

(b)    expelled from a school within one year of enrollment.

(2)    'School' includes, but is not limited to, means a public or private kindergarten, a public or private elementary school that contains any grades of kindergarten through twelfth grade, a public or private middle school or junior high, a public or private high school, a secondary school, an adult education school, a home school that includes students not related by blood to the operator, a public or private colleges, universities college or university, and any vocational, technical, or occupational school.

(3)    'Person affiliated with a school in an official capacity' includes, but is 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.

(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 and battery against a person affiliated with a school in an official capacity when the offense occurs on school grounds or at a school- related event, or when the offense is directly related to the school official's professional responsibilities, 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 when the offense occurs on school grounds or at a school related event, or when the offense is directly related to the school official's professional responsibilities, 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 when the offense occurs on school grounds or at a school related event, or when the offense is directly related to the school official's professional responsibilities, 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)    Sentencing pursuant to this section must comply with the requirements of Article 15, Chapter 3, Title 16.

(F)    A person affiliated with a school in an official capacity who is:

(1)    the victim of a violation of this section for which a student was convicted, adjudicated delinquent, or pled guilty or nolo contendere; and

(2)    injured as a result of the violation of this section 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 school official.

(G)    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."

SECTION    5.    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."

SECTION    6.    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."

SECTION    7.    Section 16-3-1550 of the 1976 Code is amended by adding:

"(H)    At each proceeding, the circuit 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."

SECTION    8.    This act takes effect upon approval by the Governor.

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