Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

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Printed Page 2870 . . . . . Tuesday, March 1, 1994

Section 59-143-130. The State Department of Education, in cooperation with the Southern Region Violence and Substance Abuse Center, with the consent of the board of trustees of the applicable school districts, shall pilot different approaches to avoiding student violence by identifying cluster schools in urban and rural settings in high crime areas to serve as model projects for the prevention of school violence. Each cluster school must implement a specialized method of intervention or prevention in an intense three-year pilot project. An external evaluation of the process shall be conducted at the end of the third year of each pilot program by the State Department of Education through the Schoolhouse Safety Resource Center. A School Violence Prevention Advisory Committee consisting of service agency provider representatives including, but not limited to, representatives from the Department of Mental Health, the Department of Mental Retardation, the Department of Juvenile Justice, the Department of Health and Human Services, the Department of Social Services, the family court system, the Department of Health and Environmental Control, the Southern Region Violence and Substance Abuse Center, the State Department of Education, and local law enforcement officials, shall be convened by the State Law Enforcement Division. The committee, in conjunction with local schools boards of trustees, shall select the cluster schools to serve as pilot sites and shall work with each site to identify the approach to be implemented. The committee also shall assist in providing training and technical assistance to the cluster schools and shall monitor the progress of the programs on a regular basis during the three-year pilot period. Innovative techniques piloted may include peer mediation programs, school-within-a-school, intense volunteer mentoring, family focus groups, and other approaches that provide school outreach into neighborhoods. These pilot projects shall strive to make communities mirrors of safe schools rather than schools mirroring the violence in society.

Section 59-143-140.Each school district of this State shall institute in every school case management teams. The teams should consist of teachers, school administrators, parents, counselors, and representatives of health and social service agencies to work as units on behalf of students displaying signs of recurrent aggressive and violent behavior. The State Board of Education shall promulgate regulations to establish the criteria for these teams. Disciplinary records of students with recurrent aggressive and violent behaviors must be kept with clear anecdotal evidence of these behaviors and must show steps schools have taken to address these behaviors. The records must follow the student through school just as academic histories are maintained. In implementing the provisions of this


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section, equal emphasis shall be placed in elementary, middle, and high schools.

Section 59-143-150.Based on format recommendations from the School Violence Prevention Advisory Committee as established in Section 59-143-130, a cooperating team consisting of representatives of all local health and human service agencies in a county, including representatives from all school districts located within the county, shall be convened by the sheriff's office in each county to coordinate services designed to prevent school violence. In addition, the cooperating team shall develop a service coordination matrix. The service coordination matrix must outline services provided by agencies in response to risk factors identified by the committee. The sheriff's office in each county will submit a copy of the service coordination matrix, once completed, to the School Violence Prevention Advisory Committee.

Section 59-143-160.In conjunction with the Department of Corrections, the Department of Juvenile Justice, and the Southern Region Violence and Substance Abuse Center, the State Department of Education shall develop conflict resolution strategies to be taught to juveniles and young adults sentenced as youthful offenders in correctional facilities. These conflict resolution strategies also shall be offered as training programs to other public and private organizations for their use./

Amend the bill further, as and if amended, by striking Section 59-143-310 of the 1976 Code, as contained in SECTION 3 and inserting:

/ Section 59-143-310.The State Board of Education shall promulgate regulations requiring the parenting, family literacy, and parental involvement programs mandated by the Early Childhood Development and Academic Assistance Act to include instruction in nonviolent living skills./

Amend the bill further, as and if amended, by striking SECTION 4 of the bill and inserting:

/SECTION 4. (A) Section 20-7-3210 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 20-7-3210.The department shall provide such community services as the director shall assign to it which shall include, but not be limited to, the following:

(a) Family Court intake screening and referral counseling;

(b) serving, advising and counseling children placed on probation by the Family Court;

(c) serving, advising and counseling of children in the various institutions as may be necessary to the placement of the children in proper environment after release and the placement of children in suitable jobs where necessary and proper;


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(d) supervising and guiding of children released or conditionally released from institutions;

(e) counseling children released or conditionally released by the parole board;

(f) coordinating the activities of supporting community agencies which aid in the social adjustment of children released by the parole board;

(g) providing or arranging for necessary services leading to the rehabilitation of delinquents either within the department or through cooperative arrangements with other appropriate agencies;

(h) providing counseling and supervision for any child under twelve years of age who has been adjudicated delinquent, convicted of a crime or has entered a plea of guilty or nolo contendere, when other suitable personnel is not available and upon request of the court concerned;

(i) providing detention screening services when a child is taken into custody for violation of a law or ordinance as provided in subsections (a) and (b) of Section 20-7-600;

(j) providing prevention services to include short and long range planning, establishing statewide priorities and standards, development of public awareness programs, and technical assistance to local government in the development of prevention programs;

(k) providing for the development of secure and nonsecure alternatives to jail;

(l) providing for a variety of community-based programs to augment regular probation services, such as volunteer services, restitution, community work programs, family counseling and contract probation with specific sanctions for various types of behavior;

(m) providing for a variety of community-based programs to serve as alternatives or intermediate sanctions into which juveniles committed to the Department of Juvenile Justice may be transferred to institutions, such as halfway houses, work release, intensive probation, restitution, forestry and wilderness camps, residential boot camp programs, marine science programs, and other residential and nonresidential programs;

(n) providing for programs to divert juveniles, where proper and appropriate, from the juvenile justice system."

(B) The 1976 Code is amended by adding:

"Section 20-7-3215.(A)The Department of Juvenile Justice shall establish a self-contained residential boot camp program for juveniles adjudicated delinquent and committed to the department. The boot camp program shall be sixty days in duration and shall provide to the juveniles a highly structured and disciplined setting, a program of physical activity, work, and drill which emphasizes rehabilitation, education, self


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-sufficiency, and personal development of the juveniles and positive active intervention and interaction between the staff and juveniles.

(B) Juveniles adjudicated delinquent for nonviolent criminal acts which occur in or around school property shall be given priority consideration for transfer into the department's boot camp program. Juveniles adjudicated delinquent for violating Section 16-23-430 who are otherwise eligible to be transferred into this program shall be committed to the Department of Juvenile Justice and shall serve sixty days in the department's boot camp program. In addition, to be eligible to be transferred to the boot camp program, juveniles committed to the Department of Juvenile Justice must:

(1) be between the ages of twelve and seventeen years at the time of commitment;

(2) have been adjudicated for a nonviolent crime or burglary in the first or second degree;

(3) have a minimum parole guideline of twelve months or less;

(4) not have been transferred on a previous commitment to the boot camp program or a similar program;

(5) be physically and mentally able to participate in the program; and

(6) not have been specifically excluded from participating in the boot camp program by the family court at the time of commitment.

(C) A juvenile may be transferred to the Department of Juvenile Justice's Boot Camp Program either at the time of commitment or at any time prior to the juvenile reaching his minimum parole guidelines.

(D) The Director of the Department of Juvenile Justice shall transfer juveniles to this program based upon the recommendation of a Boot Camp Screening Committee which shall utilize a risk classification instrument in making its recommendations to the director. Juveniles who successfully complete this sixty-day program must be granted a conditional release from their commitment to the Department of Juvenile Justice. Juveniles who fail to successfully complete this program shall be transferred, consistent with due process, to a secure correctional facility operated by the department.

(E) Upon successful completion of this program and release of the juvenile by the Board of Juvenile Parole the juvenile shall be placed under intensive supervision in the juvenile's home community for up to three months and thereafter placed on regular parole supervision. Intensive supervision requires between four to seven contacts a week with the juvenile by the Department of Juvenile Justice.

(F) Transfer to the Boot Camp Program is a privilege and shall be on a space available basis. A juvenile has no right to participate in such a


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program or to continue to participate in such a program if his behavior is inappropriate.

(C) The 1976 Code is amended by adding:

"Section 20-7-1351.In addition to the jurisdiction of the family court as provided in Article 5 of this chapter, the family court has jurisdiction to order parents of children identified as in need of services or counseling to prevent violent behavior to appear before it, and upon finding that the child's behavior can be changed, the court may order an assessment of the family or family participation in treatment or services to improve the behavior. Parent may be held in contempt of court for failure to comply with the provisions of this section. Parents may be ordered by the family court to participate in family counseling or in other programs or services. The court may hold a parent in contempt and fine or otherwise sanction a parent for failure to comply. However, a contempt citation applied against an individual family member shall be applied only as a last resort, can only be applied if based upon noncompliance or noncooperation with the treatment, rehabilitative, or supervision services required by the court and then only until compliance with these requirements is obtained. Parents also may be referred to the Department of Juvenile Justice, the Department of Mental Health, the Continuum of Care for Emotionally Disturbed Children, the Department of Social Services, or to any recognized volunteer organization as appropriate, for family assessment, counseling, and service."

(D) The 1976 Code is amended by adding:

"Section 20-7-1352.The requirement of acceptable school attendance and appropriate behavior must be an integral part of all probation orders."

(E) The 1976 Code is amended by adding:

"Section 20-7-1353.Probation and parole counselors are required to assist in the re-enrollment of all their clients who are children in the public schools upon the children's release from confinement facilities, and to bring all instances of a school's refusal to reenroll or enroll a child to the attention of the State Department of Education and the appropriate local advocacy group for children."/

Renumber sections to conform.

Amend title to conform.

Rep. PHILLIPS explained the amendment and moved to adjourn debate upon the Bill until Wednesday, March 2, which was adopted.


Printed Page 2875 . . . . . Tuesday, March 1, 1994

H. 4323--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4323 -- Reps. Wilkins, Corning, Jaskwhich, Walker, Haskins, Meacham, Allison, Snow, Stuart, Hutson and Harrell: A BILL TO AMEND SECTION 16-11-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARMED ROBBERY, SO AS TO PROVIDE FOR A MANDATORY MINIMUM TERM OF IMPRISONMENT; AND TO AMEND SECTION 16-11-340, AS AMENDED, RELATING TO PROVIDING SIGNS STATING THE PENALTY FOR ARMED ROBBERY, SO AS TO REMOVE FROM THE SIGN CERTAIN PROVISIONS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3235AL.94), which was adopted.

Amend the bill, as and if amended, by deleting SECTION 2 which reads:

/SECTION 2. Section 16-11-340 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 16-11-340.The South Carolina Department of Revenue and Taxation, with funds already appropriated to the department, shall print and distribute to each business establishment in this State, to which that has been issued a retail sales tax license, a cardboard placard not less than eight inches by eleven inches which shall bear the following inscription in letters not less than three-fourths inch high:
`BY ACT OF THE SOUTH CAROLINA GENERAL ASSEMBLY ANY A PERSON CONVICTED OF ARMED ROBBERY SHALL SERVE A SENTENCE OF NO LESS THAN AT LEAST 7 YEARS AT HARD LABOR WITHOUT PAROLE.'

Such The placard shall must be prominently displayed in all retail establishments to which they are issued."/

Renumber sections to conform.

Amend title to conform.

Rep. WILKINS explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.


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H. 4365--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4365 -- Reps. Wilkins, Vaughn, Allison, Elliott and Harrell: A BILL TO AMEND SECTION 16-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLENT CRIMES, SO AS TO REPEAL THE PROVISIONS REQUIRING THE CRIME TO BE DEFINED AS A VIOLENT CRIME AT THE TIME IT WAS COMMITTED.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3236AL.94), which was adopted.

Amend the bill, as and if amended, by striking SECTION 1 and inserting:

/SECTION 1. Section 16-1-60 of the 1976 Code, as last amended by Section 8, Act 184 of 1993, is further amended to read:

"Section 16-1-60.(A)For purposes of definition under South Carolina law a violent crime includes the offenses of murder (Section 16-3-10); criminal sexual conduct in the first and second degree (Sections 16-3-652 and 16-3-653); criminal sexual conduct with minors, first and second degree (Section 16-3-655); assault with intent to commit criminal sexual conduct, first and second degree (Section 16-3-656); assault and battery with intent to kill (Section 16-3-620); kidnapping (Section 16-3-910); voluntary manslaughter (Section 16-3-50); armed robbery (Section 16-11-330); drug trafficking as defined in Section 44-53-370(e); arson in the first degree (Section 16-11-110(A)); burglary in the first degree (Section 16-11-311); and burglary in the second degree (Section 16-11-312(A) and (B)), engaging a child for a sexual performance (16-3-810); accessory before the fact to commit any of the above offenses (16-1-40); and attempt to commit any of the above offenses (16-1-80). Only those offenses specifically enumerated in this section are considered violent offenses.

(B) For a person to be considered guilty of a violent crime, the offense must be defined as a violent crime pursuant to subsection (A) at the time of the commission of the crime."/

Amend title to conform.

Rep. WILKINS explained the amendment.

The amendment was then adopted.


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The Bill, as amended, was read the second time and ordered to third reading.

H. 4323--RECONSIDERED, AMENDED

AND ORDERED TO THIRD READING

Rep. WILKINS moved to reconsider the vote whereby the following Bill, as amended, was given a second reading, which was agreed to.

H. 4323 -- Reps. Wilkins, Corning, Jaskwhich, Walker, Haskins, Meacham, Allison, Snow, Stuart, Hutson and Harrell: A BILL TO AMEND SECTION 16-11-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARMED ROBBERY, SO AS TO PROVIDE FOR A MANDATORY MINIMUM TERM OF IMPRISONMENT; AND TO AMEND SECTION 16-11-340, AS AMENDED, RELATING TO PROVIDING SIGNS STATING THE PENALTY FOR ARMED ROBBERY, SO AS TO REMOVE FROM THE SIGN CERTAIN PROVISIONS.

Rep. WILKINS proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\BBM\10958JM.94), which was adopted.

Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:

/SECTION __. Section 16-13-10(B) of the 1976 Code, as last amended by Section 106, Act 184 of 1993, is further amended to read:

"(B) A person who violates the provisions of this section is guilty of a:

(1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years if the amount of the forgery is five thousand dollars or more.;

(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years if the amount of the forgery is less than five thousand dollars but more than one thousand dollars.

(3) misdemeanor triable in magistrate's court if the amount of the forgery is one thousand dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury.
If the forgery does not involve a dollar amount, the person is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years."

SECTION __. Section 16-1-20(B) of the 1976 Code, as last amended by Section 2, Act 184 of 1993, is further amended to read:


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"(B) For all offenders sentenced on or after July 1, 1993, the minimum term of imprisonment required by law does not apply to the offenses listed in Section Sections 16-1-90 and 16-1-100 unless the offense refers to a mandatory minimum sentence. Offenses listed in Section 16-1-10(C) and (D) are exempt and minimum terms of imprisonment are applicable. No sentence of imprisonment precludes the timely execution of a death sentence."

SECTION __. Section 16-15-305(H) of the 1976 Code, as added by Act 168 of 1987, is amended to read:

"(H) A person who violates this section is guilty of a felony and, upon conviction, must be imprisoned for not more than three five years or fined not more than ten thousand dollars, or both."

SECTION __. Section 16-14-20 of the 1976 Code is amended to read:

"Section 16-14-20.(a)A person is guilty of financial transaction card theft when he:

(1) He takes, obtains, or withholds a financial transaction card from the person, possession, custody, or control of another without the cardholder's consent and with the intent to use it; or who, with knowledge that it has been so taken, obtained, or withheld, receives the financial transaction card with intent to use it or to, sell it, or to transfer it to a person other than the issuer or the cardholder;

(2) He receives a financial transaction card that he knows to have been lost, mislaid, or delivered under a mistake as to the identity or address of the cardholder, and who retains possession with intent to use it or to, sell it, or to transfer it to a person other than the issuer or the cardholder;

(3) He, is not being the issuer, sells a financial transaction card or buys a financial transaction card from a person other than the issuer;

(4) He, is not being the issuer, during any twelve-month period, receives financial transaction cards issued in the names of two or more persons which he has reason to know were taken or retained under circumstances which constitute a violation of item (3) of this section and Section 16-14-60(a)(3) and subdivision (3) of subsection (a) of this section.

(b) Taking, obtaining or withholding a financial transaction card without consent is included in conduct defined as grand larceny.

Conviction A person who is convicted of financial transaction card theft is punishable as provided in S 16-14-100(b) guilty of a misdemeanor and must be fined not more than three thousand dollars or imprisoned not more than three years."

SECTION __. Section 16-1-60 of the 1976 Code, as last amended by Section 8, Act 184 of 1993, is further amended to read:


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"Section 16-1-60.(A)For purposes of definition under South Carolina law a violent crime includes the offenses of murder (Section 16-3-10); criminal sexual conduct in the first and second degree (Sections 16-3-652 and 16-3-653); criminal sexual conduct with minors, first and second degree (Section 16-3-655); assault with intent to commit criminal sexual conduct, first and second degree (Section 16-3-656); assault and battery with intent to kill (Section 16-3-620); kidnapping (Section 16-3-910); voluntary manslaughter (Section 16-3-50); armed robbery (Section 16-11-330); drug trafficking as defined in Section 44-53-370(e); arson in the first degree (Section 16-11-110(A)); burglary in the first degree (Section 16-11-311); and burglary in the second degree (Section 16-11-312(A) and (B)), engaging a child for a sexual performance (16-3-810); accessory before the fact to commit any of the above offenses (16-1-40); and attempt to commit any of the above offenses (16-1-80). Only those offenses specifically enumerated in this section are considered violent offenses.

(B) For a person to be considered guilty of a violent crime, the offense must be defined as a violent crime pursuant to subsection (A) at the time of the commission of the crime."/

Renumber sections to conform.

Amend title to conform.

Rep. WILKINS explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

H. 4633--DEBATE ADJOURNED

Rep. BOAN moved to adjourn debate upon the following Bill until Wednesday, March 2, which was adopted.

H. 4633 -- Reps. Boan, Barber, Carnell, Cobb-Hunter, Felder, J. Harris, P. Harris, Holt, Kinon, Kirsh, McAbee, McCraw, McKay, McTeer, Mattos, Quinn, Rogers, Delleney, Phillips and H. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-257 SO AS TO ESTABLISH AN ADDITIONAL HOMESTEAD EXEMPTION FROM SCHOOL TAXES IMPOSED FOR PURPOSES OTHER THAN CONSTRUCTION AND PROVIDE THAT THE EXEMPTION DOES NOT APPLY TO SCHOOL OPERATING TAXES LEVIED AFTER 1997, TO PHASE IN THE


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AMOUNT OF THE EXEMPTION, TO PROVIDE FOR THE METHOD OF REIMBURSEMENT OF REVENUES LOST BECAUSE OF THE EXEMPTION, AND TO PROVIDE THAT THE PROPERTY EXEMPT FROM SCHOOL TAXES PURSUANT TO THIS SECTION IS NEVERTHELESS CONSIDERED TAXABLE PROPERTY FOR PURPOSES OF THE CONSTITUTIONAL DEBT LIMIT AND THE INDEX OF TAXPAYING ABILITY, TO PROVIDE A SPENDING LIMITATION FOR COUNTIES, MUNICIPALITIES, AND SPECIAL PURPOSE AND PUBLIC SERVICE DISTRICTS AND AN AD VALOREM TAX REVENUE LIMITATION FOR SCHOOL DISTRICTS FOR FISCAL YEARS 1994-95 THROUGH 1997-98 AND PROVIDE EXCEPTIONS; TO AMEND SECTIONS 12-4-540, 12-37-10, 12-37-210, 12-37-730, 12-37-760, AND 12-37-780, RELATING TO THE POWERS OF THE DEPARTMENT OF REVENUE AND TAXATION WITH RESPECT TO PROPERTY TAXATION OF BUSINESS PROPERTY AND THE DUTIES AND POWERS OF COUNTY AUDITORS WITH RESPECT TO THE FILING OF PERSONAL PROPERTY TAX RETURNS, SO AS TO PROVIDE THAT ALL PERSONAL PROPERTY TAX RETURNS ARE FILED WITH THE DEPARTMENT OF REVENUE AND TAXATION, DELETE OBSOLETE PROVISIONS AND CONFORM EXISTING FILING REQUIREMENTS TO THESE CHANGES; TO AMEND SECTION 12-43-210, AS AMENDED, RELATING TO COUNTYWIDE REASSESSMENT PROGRAMS, SO AS TO REQUIRE SUCH PROGRAMS EVERY FIVE YEARS ON A SCHEDULE DETERMINED BY THE DEPARTMENT OF REVENUE AND TAXATION, AND PROVIDE FOR THE WITHHOLDING OF STATE AID TO SUBDIVISIONS' DISTRIBUTIONS TO COUNTIES FAILING TO COMPLY WITH THE SCHEDULE, TO REQUIRE THE DEPARTMENT TO DETERMINE PERSONNEL NEEDS OF COUNTY ASSESSORS AND REPORT ITS FINDINGS BY MAY 1, 1995, TO PROVIDE FOR AN INITIAL SCHEDULE OF REASSESSMENTS; TO PROVIDE THAT IF A COURT OF COMPETENT JURISDICTION VOIDS THE HOMESTEAD EXEMPTION ALLOWED BY THIS ACT, THEN THE SPENDING LIMITATIONS IMPOSED ON COUNTIES, MUNICIPALITIES, SPECIAL PURPOSE PUBLIC SERVICE DISTRICTS, AND SCHOOL DISTRICTS BY THIS ACT ARE SIMILARLY VOID, AND TO REPEAL SECTIONS 12-37-20, 12-37-750, 12-37-810, 12-37-820, 12-37-830, 12-37-850, 12-37-870, 12-37-910, 12-37-940, 12-37-1620, AND 12-37-2010, RELATING TO PERSONAL PROPERTY TAXES.


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