S 0048 General Bill, By Ford and Elliott
 A BILL TO AMEND CHAPTER 17, TITLE 16 OF THE 1976 CODE, RELATING TO OFFENSES
 AGAINST PUBLIC POLICY, BY ADDING SECTION 16-17-750 TO PROVIDE THAT IT IS
 UNLAWFUL FOR A PERSON TO WEAR PANTS SAGGING MORE THAN THREE INCHES BELOW HIS
 HIPS; TO PROVIDE FOR PENALTIES FOR VIOLATIONS; TO PROVIDE THAT A VIOLATION IS
 NOT GROUNDS FOR DENYING, SUSPENDING, OR REVOKING THE VIOLATOR'S PARTICIPATION
 IN A STATE COLLEGE OR UNIVERSITY FINANCIAL ASSISTANCE PROGRAM; AND TO PROVIDE
 FOR JURISDICTION TO HEAR A VIOLATION IS VESTED EXCLUSIVELY IN THE MUNICIPAL
 COURT AND THE MAGISTRATES COURT.

   12/10/08  Senate Prefiled
   12/10/08  Senate Referred to Committee on Judiciary
   01/13/09  Senate Introduced and read first time SJ-95
   01/13/09  Senate Referred to Committee on Judiciary SJ-95

TO AMEND CHAPTER 17, TITLE 16 OF THE 1976 CODE, RELATING TO OFFENSES AGAINST PUBLIC POLICY, BY ADDING SECTION 16-17-750 TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO WEAR PANTS SAGGING MORE THAN THREE INCHES BELOW HIS HIPS; TO PROVIDE FOR PENALTIES FOR VIOLATIONS; TO PROVIDE THAT A VIOLATION IS NOT GROUNDS FOR DENYING, SUSPENDING, OR REVOKING THE VIOLATOR'S PARTICIPATION IN A STATE COLLEGE OR UNIVERSITY FINANCIAL ASSISTANCE PROGRAM; AND TO PROVIDE FOR JURISDICTION TO HEAR A VIOLATION IS VESTED EXCLUSIVELY IN THE MUNICIPAL COURT AND THE MAGISTRATES COURT.

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

SECTION    1.    Chapter 17, Title 16 of the 1976 Code is amended by adding:

"Section 16-17-750.    (A)    It shall be unlawful for any person to appear in public wearing his pants more than three inches below the crest of his ileum, exposing his skin or undergarments.

(B)    A person who violates this section commits a noncriminal offense and is subject to a civil fine of up to twenty five dollars for a first offense, a civil fine of fifty dollars or not more than three hours of community service, or both for a second offense, and a civil fine of seventy five dollars or not more than six hours of community service, or both for a third and subsequent offenses. Civil fines imposed pursuant to this section are subject to all applicable court costs, assessments, and surcharges.

(C)    A violation of this section is not a criminal or delinquent offense and no criminal or delinquent record may be maintained.

(D)    A violation of this subsection is not grounds for denying, suspending, or revoking an individual's participation in a state college or university financial assistance program including, but not limited to, a Life Scholarship, a Palmetto Fellows Scholarship, or a need-based grant.

(E)    Jurisdiction to hear a violation of this section is vested exclusively in the municipal court and the magistrate's court. A hearing pursuant to this section must be placed on the court's appropriate docket for traffic violations, and not on the court's docket for civil matters."

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