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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-750 SO AS TO DEFINE CERTAIN TERMS FOR PURPOSES OF THE SECTION AND TO PROVIDE AN ENHANCED PENALTY FOR PERSONS AFFILIATED WITH A SCHOOL IN AN OFFICIAL CAPACITY WHO COMMIT CERTAIN DELINEATED CRIMINAL SEXUAL CONDUCT, EXPLOITATION OF A MINOR, OR KIDNAPPING OFFENSES AGAINST A STUDENT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 7, Chapter 3, Title 16 of the 1976 Code is amended by adding:
"Section 16-3-750. (A) For the purposes of this section:
(1) '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.
(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 person affiliated with a school in an official capacity who is convicted of an offense listed in subsection (C) against a student shall have his sentence increased by five years in addition to the penalty for the underlying offense. The service of the additional five-year sentence is mandatory and no part of the five-year sentence may be suspended nor probation granted.
(C) This section applies to a person affiliated with a school in an official capacity who is convicted of one of the following offenses:
(1) criminal sexual conduct with a minor in the first degree pursuant to Section 16-3-655(A);
(2) criminal sexual conduct with a minor in the second degree pursuant to Section 16-3-655(B);
(3) engaging a child for a sexual performance pursuant to Section 16-3-810;
(4) producing, directing, or promoting a sexual performance by a child pursuant to Section 16-3-820;
(5) assaults with intent to commit criminal sexual conduct involving a minor pursuant to Section 16-3-656;
(6) committing or attempting a lewd act upon child under sixteen pursuant to Section 16-15-140;
(7) violations of Article 3, Chapter 15 of Title 16 involving a minor; or
(8) kidnapping of a person under eighteen years of age except when the offense is committed by a parent pursuant to Section 16-3-910."
SECTION 2. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 3. This act takes effect upon approval by the Governor.
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