House: Tedder

Attorney: Beeson

Drafting Assistant: Rushton

Date: April 19, 2023

DOC. ID.: /LEGISLATIVE COUNCIL/WAB/DRAFTS/LC-0215WAB23/LC-0215WAB23.DOCX

 

 

 

A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 59-24-60, RELATING TO THE REQUIREMENT THAT PUBLIC SCHOOL ADMINISTRATORS REPORT CERTAIN STUDENT CRIMINAL MISCONDUCT TO LAW ENFORCEMENT, SO AS TO PROVIDE ADMINISTRATORS IMMEDIATELY SHALL REFER MINOR INCIDENTS OF STUDENT FIGHTING TO A PANEL OF SCHOOL BOARD MEMBERS TO REVIEW AND CONSIDER FOR REFERRAL TO LOCAL LAW ENFORCEMENT, TO PROVIDE THE PANEL SHALL CONDUCT THE REVIEW AND MAKE THE REFErRAL DETERMINATION WITHIN FORTY-EIGHT HOURS, TO PROVIDE STUDENTS INVOLVED IN SUCH INCIDENTS MAY NOT BE CHARGED OR DETAINED BY LAW ENFORCEMENT FOR any crime related to THE INCIDENT UNTIL THE PANEL MAKES ITS DETERMINATION, AND TO DEFINE A NECESSARY TERM.

 

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

 

SECTION 1.  Section 59-24-60 of the S.C. Code is amended to read:

 

    Section 59-24-60.  (A) In addition to other provisions required by law or by regulation of the State Board of Education, school administrators must contact law enforcement authorities immediately upon notice that a person is engaging or has engaged in activities on school property or at a school sanctioned or sponsored activity which may result or results in injury or serious threat of injury to the person or to another person or his property as defined in local board policy; provided, however, administrators immediately shall refer minor incidents of student fighting to the district school board for a panel of board members to review and consider for referral to local law enforcement. Each school district board shall appoint a panel of three board members to review such referrals and determine whether a referral to local law enforcement is appropriate. The panel shall review and make such a determination within forty-eight hours after the incident is reported to the administrator. Until the panel makes its determination, law enforcement may not detain the students or charge them with any crime related to the incident.

    (B) For purposes of this section, "minor incident of student fighting" means fighting among students that does not seriously injure another person.

 

SECTION 2.  This act takes effect upon approval by the Governor.

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