A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 16-17-420, RELATING TO SCHOOL DISTURBANCES BY NONSTUDENTS, SECTION 16-17-425, RELATING TO STUDENT THREATS, AND SECTION 16-17-430, RELATING TO UNLAWFUL COMMUNICATIONs, all SO AS TO INCREASE PENALTIES.

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

SECTION 1.   Section 16-17-420 of the S.C. Code is amended to read:

   Section 16-17-420.   (A) It is unlawful for a person who is not a student to wilfully interfere with, disrupt, or disturb the normal operations of a school or college in this State by:

      (1) entering upon school or college grounds or property without the permission of the principal or president in charge;

      (2) loitering upon or about school or college grounds or property, after notice is given to vacate the grounds or property and after having reasonable opportunity to vacate;

      (3) initiating a physical assault on, or fighting with, another person on school or college grounds or property;

      (4) being loud or boisterous on school or college grounds or property after instruction by school or college personnel to refrain from the conduct;

      (5) threatening physical harm to a student or a school or college employee while on school or college grounds or property; or

      (6) threatening the use of deadly force on school or college property or involving school or college grounds or property when the person has the present ability, or is reasonably believed to have the present ability, to carry out the threat.

   (B) For the purpose of this section, "person who is not a student" means a person who is not enrolled in, or who is suspended or expelled from, the school or college that the person interferes with, disrupts, or disturbs at the time the interference, disruption, or disturbance occurs.

   (C) AnyA person who violates a provision of this section is guilty of a misdemeanorfelony and, upon conviction, must be fined not more than twofive thousand dollars or imprisoned for not more than one yearfive years, or both.

SECTION 2.   Section 16-17-425 of the S.C. Code is amended to read:

   Section 16-17-425.   (A) It is unlawful for a student of a school or college in this State to make threats to take the life of or to inflict bodily harm upon another by using any form of communication whatsoever.

   (B) Nothing contained in this section may be construed to repeal, replace, or preclude the application of any other criminal statute.

   (C) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars or imprisoned for not more than one year, or both.

SECTION 3.   Section 16-17-430 of the S.C. Code is amended to read:

   Section 16-17-430.   (A) It is unlawful for a person to:

      (1) use in a telephonic communication or any other electronic means, any words or language of a profane, vulgar, lewd, lascivious, or an indecent nature, or to communicate or convey by telephonic or other electronic means an obscene, vulgar, indecent, profane, suggestive, or immoral message to another person;

      (2) threaten in a telephonic communication or any other electronic means an unlawful act with the intent to coerce, intimidate, or harass another person;

      (3) telephone or electronically contact another repeatedly, whether or not conversation ensues, for the purpose of annoying or harassing another person or his family;

      (4) make a telephone call and intentionally fail to hang up or disengage the connection for the purpose of interfering with the telephone service of another;

      (5) telephone or contact by electronic means another and make false statements concerning either the death or injury of a member of the family of the person who is telephoned or electronically contacted, with the intent to annoy, frighten, or terrify that person; or

      (6) knowingly permit a telephone under his control to be used for any purpose prohibited by this section.

   (B) A person who violates any provision of subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not less than onefive hundred dollars nor more than five hundredone thousand dollars or imprisoned not more than thirtyninety days.

SECTION 4.   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 5.   This act takes effect upon approval by the Governor.

----XX----