H 4875 General Bill, By Allison and C.C. Wells
 A Bill to amend Section 59-63-280, Code of Laws of South Carolina, 1976,
 relating to the unlawful possession of paging devices by public school
 students, so as to provide that paging devices confiscated pursuant to the
 provisions of this Section are not forfeited to the school district and to
 establish procedures whereby these confiscated paging devices shall be
 returned to the student or other lawful owner at the end of the applicable
 school term.

   04/03/96  House  Introduced and read first time HJ-24
   04/03/96  House  Referred to Committee on Education and Public
                     Works HJ-24

A BILL

TO AMEND SECTION 59-63-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL POSSESSION OF PAGING DEVICES BY PUBLIC SCHOOL STUDENTS, SO AS TO PROVIDE THAT PAGING DEVICES CONFISCATED PURSUANT TO THE PROVISIONS OF THIS SECTION ARE NOT FORFEITED TO THE SCHOOL DISTRICT AND TO ESTABLISH PROCEDURES WHEREBY THESE CONFISCATED PAGING DEVICES SHALL BE RETURNED TO THE STUDENT OR OTHER LAWFUL OWNER AT THE END OF THE APPLICABLE SCHOOL TERM.

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

SECTION 1. Section 59-63-280 of the 1976 Code, as added by Act 24 of 1991, is amended to read:

"Section 59-63-280. (A) For purposes of this section, `paging device' means a telecommunications device that emits an audible signal, vibrates, displays a message, or otherwise summons or delivers a communication to the possessor.

(B) A student under the age of eighteen in the public schools may not possess a paging device while on school property or while attending a school sponsored or school related activity on or off school property, unless the student needs the paging device for a legitimate medical reason. A student eighteen years of age and over in the public schools may not possess a paging device while on school property or while attending a school sponsored or school related activity on or off school property, unless the student is an active member of a volunteer firefighting organization or a volunteer emergency medical service organization or unless the student needs the paging device for a legitimate medical reason. The principal of each school may decide what constitutes a legitimate medical reason consistent with any guidelines as may be established by the school board of that district or by the State Department of Education. The principal of each school must secure and retain documented evidence of a student's legitimate medical need or his membership in a volunteer firefighting or emergency medical service organization before that student may have a paging device at school if authorized by this section.

(C) The board of trustees of each school district shall include the prohibition in subsection (A) of this section in the district's written standards of student conduct. A student who violates the prohibition is subject to discipline as provided by board policy, consistent with this subsection.

(D) A person who discovers a student in possession of a paging device in violation of this section shall report the violation to the appropriate school administrator, as determined by school policy, who shall order a peace officer or appropriate school employee to confiscate the device, which is forfeited to the school district.

(E) Any paging device confiscated pursuant to the provisions of this section by a peace officer or by a school employee shall be transferred to a school administrator designated by the local school board who shall, upon request, return it to the student or other lawful owner at the end of that school year if confiscated during the regular school term or at the end of the summer session if confiscated during summer school. Any paging devices not requested to be returned within thirty days after the end of the school year or summer session, as applicable, may be disposed of by the school administrator in possession of such devices."

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