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53 total bills, 28 anti-gun bills,
13 pro-gun bills for this session
Proposed South Carolina Firearm Legislation

2013-2014 Session2015-2016 Session2017-2018 Session2019-2020 Session

Filter:         Click on bill number for details. jump to upper chamber

note: South Carolina carries over legislation from odd-numbered years to even numbered years without exception

this is an anti-gun bill

H3053

Title: Firearm and ammunition; unlawful possession by violent crime offender

Description: Expand The Parameters Of The Offense To Include Persons Convicted Of A Crime Punishable By Imprisonment Of More Than One Year And To Provide Increased, Graduated Penalties For A Violation.

Last Action: Member(s) request name added as sponsor: Ridgeway

Last Action Date: January 15, 2020

this is an anti-gun bill

H3058

Title: Firearms Criminal Background Checks

Description: Require That A National Instant Criminal Background Check Must Be Completed And Delivery Of A Firearm To A Purchaser Or Transferee May Not Take Place Until The Results Of All Required Background Checks Are Known And The Purchaser Or Transferee Is Not Prohibited From Delivery Of The Firearm.

Last Action: Member(s) request name added as sponsor: Henegan

Last Action Date: January 15, 2019

this is an anti-gun bill

H3059

Title: Firearms Criminal Background Checks

Description: Require A National Instant Criminal Background Check Before Any Sale, Exchange, Or Transfer Of A Firearm In This State And To Provide Procedures For The Background Checks; To Require National Instant Criminal Background Checks At Gun Shows And To Provide Procedures For The Background Checks; And To Exempt Records Kept From Disclosure As A Public Record Under The Freedom Of Information Act And To Provide A Penalty For A Violation Of The Article.

Last Action: Referred to Committee on Judiciary

Last Action Date: January 8, 2019

this is an anti-gun bill

H3061

Title: Firearms

Description: Define Necessary Terms, To Create The Offenses Of Child Endangerment With A Firearm In The First And Second Degree When A Child Under The Age Of Eighteen Gains Access To A Firearm In A Condition That The Firearm Can Be Discharged And In A Manner That A Reasonable Person Should Know A Child Is Likely To Gain Access To A Firearm Under Certain Circumstances And Subject To Delineated Exceptions, To Provide Penalties For A Violation, And To Require Retail Firearms Dealers To Provide And Post Notice Of This Requirement.

Last Action: Member(s) request name added as sponsor: Henegan

Last Action Date: January 15, 2019

watching this bill

H3073

Title: Concealed weapons; allow clerk of court to carry while on duty

Description: Include Clerks Of Court In The Purview Of The Statute.

Last Action: Referred to Committee on Judiciary

Last Action Date: January 8, 2019

this is an anti-gun bill

H3109

Title: School Safety Fund

Description: Impose A Seven Percent Fee On The Sale Of Handguns To Be Deposited In The "school Safety Fund" To Provide School Resource Officers.

Last Action: Member(s) request name added as sponsor: King

Last Action Date: February 14, 2019

this is an anti-gun bill

H3110

Title: Sales tax exemptions

Description: Delete The Exemption On Certain Guns On Second Amendment Weekend.

Last Action: Referred to Committee on Ways and Means

Last Action Date: January 8, 2019

this is an anti-gun bill

H3134

Title: Firearms

Description: Provide Additional Circumstances When Certain Persons Who Carry A Concealable Weapon Must Leave Or Remove The Weapon From The Premises And To Make A Conforming Change; And To Provide That This Act Applies Only To Individuals Who Legally May Purchase A Firearm From A Properly Licensed And Certified Firearms Dealer.

Last Action: Referred to Committee on Judiciary

Last Action Date: January 8, 2019

watching this bill

H3171

Title: Retired law enforcement officers

Description: Delete The Provision That Restricts The Carrying Of A Concealed Weapon Onto Certain Premises.

Last Action: Referred to Committee on Judiciary

Last Action Date: January 8, 2019

watching this bill

H3175

Title: Concealed weapon onto residence

Description: Provide That This Section Does Not Apply To Certain Persons When Visiting A Residence Or Dwelling To Inspect, Appraise, Sell, Or Lease The Residence Or Dwelling Place.

Last Action: Referred to Committee on Judiciary

Last Action Date: January 8, 2019

this is an anti-gun bill

H3206

Title: Firearms

Description: Prohibit The Possession, Distribution, Or Manufacture Of A Device, Part, Component, Attachment, Or Accessory Intended To Accelerate The Rate Of Fire Of A Semiautomatic Firearm, Including A Device Commonly Known As A Bump Stock Or Trigger Crank, To Provide A Penalty For A Violation Of This Section And To Allow Exceptions Under Certain Circumstances.

Last Action: Member(s) request name added as sponsor: King

Last Action Date: February 14, 2019

this is an anti-gun bill

H3240

Title: Firearms

Description: Prohibit The Possession, Distribution, Or Manufacture Of A Device, Part, Component, Attachment, Or Accessory Intended To Accelerate The Rate Of Fire Of A Semiautomatic Firearm, To Provide A Penalty For A Violation Of This Section And To Allow Exceptions Under Certain Circumstances.

Last Action: Member(s) request name added as sponsor: Cogswell

Last Action Date: January 24, 2019

this is an anti-gun bill

H3248

Title: Background check for gun transfers

Description: Define Necessary Terms, To Require That No Gun Transfer Preceded By A Criminal Background Check May Proceed, Unless The Criminal Background Check Has Concluded That The Sale May Proceed, Or Until At Least Five Days Have Passed From The Initiation Of The Background Check And The National Instant Criminal Background Check System Has Not Reported That The Sale Would Violate State Or Federal Law, And To Provide For Criminal Penalties For Violations Of This Article; And To Provide For The Sun Setting Of The Five-day Background Check Provisions Upon The Full Implementation Of The Reporting Requirements Of This Act But Not Later Than Two Years From The Effective Date Of The Act.

Last Action: Member(s) request name added as sponsor: Cogswell, Stavrinakis, Sottile

Last Action Date: February 28, 2019

this is an anti-gun bill

H3275

Title: Firearm seizure by law enforcement

Description: Provide For The Authority Of Law Enforcement Officers To Seize A Person's Firearms And Ammunition If The Person Poses A Risk Of Imminent Personal Injury To Himself Or Other Individuals; To Establish Criteria Addressing Application For And Issuance Of A Warrant; To Require The Probate Court To Hold A Hearing Within Seven Days Of Execution Of The Warrant To Determine Whether The Firearms And Ammunition May Be Returned To The Person; And For Other Purposes.

Last Action: Referred to Committee on Judiciary

Last Action Date: January 8, 2019

this is an anti-gun bill

H3311

Title: Traffic stops

Description: Provide That During A Motor Vehicle Traffic Stop, The Driver And Passengers In A Motor Vehicle Must Disclose To The Law Enforcement Officer The Existence Of All Firearms Located In The Motor Vehicle.

Last Action: Referred to Committee on Education and Public Works

Last Action Date: January 8, 2019

this is an pro-gun bill

H3363

Title: Concealed weapons permits

Description: Revise The Definition Of The Term "concealable Weapon" To Allow A Permit Holder To Carry A Concealable Weapon Openly On His Person.

Last Action: Member(s) request name added as sponsor: Davis

Last Action Date: February 21, 2019

this is an pro-gun bill

H3456

Title: SC Constitutional Carry Act of 2019

Description: Delete The Provision That Requires These Persons To Possess A Concealed Weapon Permit.

Last Action: Member(s) request name added as sponsor: Jones

Last Action Date: May 2, 2019

watching this bill

H3472

Title: Concealed weapons

Description: Include The Attorney General And Assistant Attorneys General In The Purview Of The Statute.

Last Action: Referred to Subcommittee: Hutto (ch), Climer, Goldfinch

Last Action Date: May 1, 2019

this is an anti-gun bill

H3683

Title: Lizzy's Law

Description: Require An Owner Or Other Person Lawfully In Possession Of A Firearm, Rifle, Or Shotgun To Report The Loss Or Theft Of Each Such Weapon, To Require The Appropriate Law Enforcement Agency To Collect Certain Information Regarding A Lost Or Stolen Weapon, And To Provide Graduated Penalties For The Failure To Report A Lost Or Stolen Weapon.

Last Action: Referred to Committee on Judiciary

Last Action Date: January 22, 2019

this is an pro-gun bill

H3693

Title: Pardons

Description: Provide That A Limited Pardon May Be Granted To A Person Who Has Been Convicted Of A Felony Offense, That Is Not Considered A "crime Of Violence", That Would Allow Him To Possess A Firearm For The Purpose Of Hunting Only, And To Provide An Application Fee.

Last Action: Referred to Committee on Judiciary

Last Action Date: January 22, 2019

this is an pro-gun bill

H3774

Title: Concealed weapons permit

Description: Provide That A Church Or Religious Sanctuary That Allows A Permit Holder To Carry A Weapon Upon Its Premises Is Not Civilly Or Criminally Liable For The Act Of Granting Such Permission In The Event Of An Incident Involving A Holder Of A Permit.

Last Action: Referred to Committee on Judiciary

Last Action Date: January 29, 2019

watching this bill

H3999

Title: SC Constitutional Carry Act of 2019

Description: Provide The Signage Prohibits Both Permit Holders And Non-permit Holders From Carrying A Weapon Onto The Premise; And To Repeal Sections 16-23-460, 23-31-225, And 23-31-230 Relating To Unlawfully Carrying A Concealed Deadly Weapon, And Carrying A Concealable Weapon From A Motor Vehicle To Certain Rental Dwellings.

Last Action: Member(s) request name added as sponsor: Wooten

Last Action Date: January 14, 2020

this is an pro-gun bill

H4023

Title: Weapons on school property

Description: Delete The Restriction Placed On The Carrying Of A Weapon Into A College Athletic Event, And To Delete An Obsolete Code Reference, And To Make Technical Changes.

Last Action: Referred to Committee on Judiciary

Last Action Date: February 19, 2019

watching this bill

H4087

Title: Firearm and ammunition

Description: Expand The Parameters Of The Offense To Include Persons Convicted Of A Crime Punishable By Imprisonment Of More Than One Year And To Provide Increased, Graduated Penalties For A Violation.

Last Action: Member(s) request name added as sponsor: Ridgeway

Last Action Date: January 15, 2020

this is an anti-gun bill

H4212

Title: Magistrates

Description: Define Necessary Terms, To Require That No Gun Transfer Preceded By A Criminal Background Check May Proceed, Unless The Criminal Background Check Has Concluded That The Sale May Proceed, Or Until At Least Five Days Have Passed From The Initiation Of The Background Check And The National Instant Criminal Background Check System Has Not Reported That The Sale Would Violate State Or Federal Law, And To Provide For Criminal Penalties For Violations Of This Article; And To Provide For The Sun Setting Of The Five-day Background Check Provisions Upon The Full Implementation Of The Reporting Requirements Of This Act But Not Later Than Two Years From The Effective Date Of The Act.

Last Action: Referred to Committee on Judiciary

Last Action Date: March 7, 2019

this is an pro-gun bill

H4307

Title: Encourage congressional action to require national background check system to notify ICE when undocumented immigrant attempts to purchase a firearm

Description: Memorialize The United States Congress And To Encourage Congressional Action To Require The National Instant Background Check System To Notify The United States Immigrations And Customs Enforcement Office When An Undocumented Immigrant Attempts To Purchase A Firearm.

Last Action: Referred to Committee on Invitations and Memorial Resolutions

Last Action Date: March 26, 2019

this is an pro-gun bill

H4314

Title: National Concealed Weapons Permit Reciprocity Act

Description: Enact The "national Concealed Weapons Permit Reciprocity Act" By Revising The Conditions That Allow A Holder Of An Out-of-state Weapons Permit To Carry A Weapon In This State; And To Provide Exceptions From Certain Requirements To Obtain A Permit For Persons Who Are Members Of The Active Or Reserve Military Or The National Guard.

Last Action: Member(s) request name added as sponsor: Davis

Last Action Date: April 10, 2019

this is an pro-gun bill

H4472

Title: Concealed weapons permits

Description: Revise The Definition Of The Term "concealable Weapon" To Allow A Permit Holder To Carry A Concealable Weapon Openly On His Person.

Last Action: Member(s) request name added as sponsor: White

Last Action Date: May 8, 2019

this is an anti-gun bill

H4682

Title: Selling or giving of firearms

Description: Provide That It Is Unlawful To Sell Or Give A Firearm To A Person Whose Name Appears On The Terrorist Watch List And To Provide A Penalty For A Person Who Violates This Provision.

Last Action: Referred to Committee on Judiciary

Last Action Date: January 14, 2020

this is an anti-gun bill

H4683

Title: Handgun offenses

Description: Restructure The Penalty For The Unlawful Carrying Of A Handgun And To Provide A Tiered Penalty Structure For The Offense.

Last Action: Referred to Committee on Judiciary

Last Action Date: January 14, 2020

this is an anti-gun bill

H4684

Title: Firearms

Description: Expand The Purview Of The Offense To Include Schools, Churches Or Places Of Worship, Shopping Malls, Movie Theaters, Parking Lots, And Any Other Public Gathering.

Last Action: Referred to Committee on Judiciary

Last Action Date: January 14, 2020

this is an anti-gun bill

H4697

Title: Firearms

Description: Provide That It Is Unlawful To Sell An Assault Rifle To A Person Less Than Twenty Years Of Age, To Provide A Penalty, And To Define The Term "assault Rifle".

Last Action: Referred to Committee on Judiciary

Last Action Date: January 14, 2020

this is an anti-gun bill

H4699

Title: Firearms

Description: Provide All Guns Manufactured In This State Must Be Equipped With An Electronic Chip That Identifies Its Owner.

Last Action: Referred to Committee on Judiciary

Last Action Date: January 14, 2020

this is an pro-gun bill

H4704

Title: Second Amendment Preservation Act

Description: Enact The "second Amendment Preservation Act" And Provide That No Public Funds, Personnel, Or Property Shall Be Allocated For The Implementation, Regulation, Or Enforcement Of Any Executive Order, Or Directive Issued By The President Of The United States Or An Act Of The United States Congress That Becomes Effective After January 1, 2020, That Regulates The Ownership, Use, Or Possession Of Firearms, Ammunition, Or Firearm Accessories, And To Define The Term "firearm".

Last Action: Member(s) request name added as sponsor: Wooten, Toole, Herbkersman

Last Action Date: January 16, 2020

this is an pro-gun bill

H4706

Title: Firearms

Description: Provide A Penalty For Each Bullet Fired From A Gun When A Person Unlawfully Fires A Gun That Results In The Death Of Another Person.

Last Action: Referred to Committee on Judiciary

Last Action Date: January 14, 2020

this is an anti-gun bill

S0054

Title: Firearm transfers

Description: Relating To Firearms, By Adding Article 11, To Require That No Gun Transfer Preceded By A Criminal Background Check May Proceed, Unless The Criminal Background Check Has Concluded That The Sale May Proceed, Until At Least Twenty-eight Days Have Passed From The Initiation Of The Background Check, And To Provide For Criminal Penalties For Violations Of This Article.

Last Action: Referred to Committee on Judiciary

Last Action Date: January 8, 2019

this is an anti-gun bill

S0055

Title: Firearm transfers

Description: Relating To Offenses Involving Weapons, By Adding Article 9, To Require That No Gun Transfer Preceded By A Criminal Background Check May Proceed, Unless The Criminal Background Check Has Concluded That The Sale May Proceed, Until At Least Twenty-eight Days Have Passed From The Initiation Of The Background Check, And To Provide For Criminal Penalties For Violations Of This Article.

Last Action: Referred to Committee on Judiciary

Last Action Date: January 8, 2019

this is an anti-gun bill

S0139

Title: SC Constitutional Carry Act of 2019

Description: Make Technical Changes, To Provide That This Provision Regulates Both Persons Who Possess And Do Not Possess A Concealable Weapons Permit; To Delete Sections 23-31-225 And 23-31-230 Relating To The Unlawful Carrying Of A Concealed Weapon Into A Residence And The Carrying Of A Weapon Between An Automobile And An Accommodation; To Amend Section 23-31-235 Relating To The Posting Of Signs Prohibiting "concealed Weapons" And Replace It With The Conforming Language Of "weapons"; And By Amending Section 10-11-320 Related To The Trespasses And Offenses Of Public Buildings On Capitol Grounds, To Delete The Term "concealable Weapons' Permit" And Replace With The Term "firearm".

Last Action: Scrivener's error corrected

Last Action Date: May 9, 2019

watching this bill

S0154

Title: Magistrates and Clerks of Court

Description: A Bill To Amend Section 14-17-325 Of The South Carolina Code Of Laws, 1976, Related To Clerks Of Court, To Require That Every Clerk Of Court Shall Report To The South Carolina Law Enforcement Division Within Ten Days, Weekends And Holidays Excluded, The Disposition Of Each Case In General Sessions, And To Report Within Forty-eight Hours The Issuance Of A Restraining Order, Order Of Protection, Order For The Prevention Of Possession Of A Firearm, Convictions Or Orders Related To Domestic Violence, And Convictions Or Orders Related To Stalking, Intimidation, Or Harassment; To Amend Chapter 1, Title 22 By Adding Section 22-1-200 To Require Magistrates To Report To The South Carolina Law Enforcement Division Within Ten Days, Weekends And Holidays Excluded, The Disposition Of Each Criminal Case, And To Report Within Forty-eight Hours The Issuance Of A Restraining Order, Order Of Protection, Order For The Prevention Of Possession Of A Firearm, Convictions Or Orders Related To Domestic Violence, And Convictions Or Orders Related To Stalking, Intimidation, Or Harassment; To Amend Article 1, Chapter 25, Title 14 By Adding Section 14-25-250 To Require Magistrates To Report To The South Carolina Law Enforcement Division Within Ten Days, Weekends And Holidays Excluded, The Disposition Of Each Criminal Case, And To Report Within Forty-eight Hours The Issuance Of A Restraining Order, Order Of Protection, Order For The Prevention Of Possession Of A Firearm, Convictions Or Orders Related To Domestic Violence, And Convictions Or Orders Related To Stalking, Intimidation, Or Harassment; To Amend Chapter 1, Title 23 By Adding Section 23-1-250 To Require Each Law Enforcement Agency To Report To Sled Within Twenty-four Hours, The Filing Of Each Incident Report, Order Of Protection, Restraining Order, Any Order Or Report Relating To An Incident Of Domestic Violence, Or Any Incident In Which A Person May Be Prohibited From Obtaining Or Possessing A Firearm By State Or Federal Law; To Amend Title 14 By Adding Chapter 32 To Create The Judicial Criminal Information Technology Committee, To Establish Membership, Duties, And Responsibilities Of The Committee To Include The Study Of, And To Make Recommendations For, The Improvement Of Judicial And Law Enforcement Information Technology And Reporting; To Amend Chapter 23, Title 16 By Adding Article 9, To Require That No Gun Transfer Preceded By A Criminal Background Check May Proceed, Unless The Criminal Background Check Has Concluded That The Sale May Proceed, Or Until At Least Five Days Have Passed From The Initiation Of The Background Check And The National Instant Criminal Background Check System Has Not Reported That The Sale Would Violate State Or Federal Law, And To Provide For Criminal Penalties For Violations Of This Article; And To Provide A Sunset For The Five-day Background Check Provisions Upon The Full Implementation Of The Reporting Requirements Of This Act But Not Later Than Two Years From The Effective Date Of The Act.

Last Action: Referred to Subcommittee: Malloy (ch), Massey, Cash

Last Action Date: March 15, 2019

watching this bill

S0158

Title: Principals

Description: Require The Court To Report Information About The Child To Sled For Transmitting To The National Instant Criminal Background Check System (nics) In Certain Circumstances And To Provide A Child Whose Name Has Been Transmitted To Nics The Right To Petition A Court To Remove The Prohibitions Placed Involving The Right To Possess Or Have Access To Firearms.

Last Action: Referred to Committee on Education

Last Action Date: January 8, 2019

watching this bill

S0174

Title: Handguns

Description: Delete The Use Of The Term "handgun" And Replace It With "firearm", To Provide For Penalties For A Person Who Violates The Provisions Of This Article, Except Section 16-23-20, To Provide That A Law Enforcement Agency That Receives A Firearm Pursuant To This Section Shall Administratively Release The Firearm To An Innocent Owner Under Certain Circumstances; And To Repeal Sections 16-23-500 And 23-31-1040 Relating To The Unlawful Possession Of A Firearm By A Person Convicted Of A Violent Offense Or Adjudicated As A Mental Deficient, Respectively.

Last Action: Referred to Committee on Judiciary

Last Action Date: January 8, 2019

this is an pro-gun bill

S0293

Title: Concealed weapons permit

Description: Provide A Concealed Weapon Permit Holder May Carry A Concealable Weapon On School Property Leased By A Church For Church Services Or Official Church Activities If The Church Or Its Governing Body Provides Express Permission To The Permit Holder, And To Provide That This Section Only Applies During The Time That The Church Has Access To The Property For Its Services Or Activities.

Last Action: Referred to Committee on Judiciary

Last Action Date: April 24, 2019

watching this bill

S0378

Title: Retired law enforcement officers

Description: Relating To The Issuance Of Identification Cards To Qualified Retired Law Enforcement Officers, The Circumstances In Which A Qualified Law Enforcement Officer May Carry A Concealed Weapon, And Opportunities For Training To Qualify To Carry A Firearm That Must Be Offered To A Qualified Retired Law Enforcement Officer, To Delete The Provision That Restricts The Carrying Of A Concealed Weapon Onto Certain Premises.

Last Action: Referred to Committee on Judiciary

Last Action Date: January 16, 2019

this is an pro-gun bill

S0400

Title: SC Constitutional Carry Act of 2019

Description: Relating To The Carrying Or Discharging Of A Firearm, To Delete The Term "concealable Weapons Permit" And Replace It With The Term "firearm"; To Amend Section 16-23-20 Of The 1976 Code, Relating To The Unlawful Carrying Of A Handgun, To Delete References To A Concealed Weapons Permit Issued To A Person, To Revise The Provision That Allows A Handgun To Be Carried By A Person In A Vehicle, And To Provide That A Person Who Is Not Prohibited From Possessing Firearms Under State Law May Carry A Handgun Under Certain Circumstances; To Amend Sections 16-23-420 And 16-23-430 Of The 1976 Code, Both Relating To The Possession Of A Firearm On School Property, To Delete References To Concealed Weapon Permits, To Delete The Term "weapon" And Replace It With The Term "firearm", And To Provide An Exception For A Person Who Lawfully Is Carrying A Weapon Secured In A Motor Vehicle; To Amend Section 16-23-460 Of The 1976 Code, Relating To Carrying Concealed Weapons, To Delete A Reference To Concealed Weapon Permits, And To Provide Exceptions For A Person Lawfully Carrying A Concealable Weapon And For Handguns; To Amend Section 16-23-465(b)(1) Of The 1976 Code, Relating To Penalties For Unlawfully Carrying A Firearm Onto The Premises Of A Business Selling Alcoholic Liquor, Beer, Or Wine For Consumption On The Premises, To Delete A Reference To Concealed Weapon Permits, And To Provide An Exception For A Person Lawfully Carrying A Concealable Weapon Who Does Not Consume Alcoholic Liquor, Beer, Or Wine While Carrying The Concealable Weapon On The Business Premises; To Amend Section 51-3-145(g) Of The 1976 Code, Relating To Certain Acts That Are Unlawful In A State Park, To Make Technical Changes; To Amend Section 23-31-215(k), (m), (n), And (o) Of The 1976 Code, Relating To The Issuance Of A Concealed Weapon Permit, To Delete The Provision That Requires A Permit Holder To Possess His Permit Identification When Carrying A Concealable Weapon, The Provision That Requires A Permit Holder To Inform A Law Enforcement Officer That He Is A Permit Holder And Present The Permit To The Officer Under Certain Circumstances, And The Associated Penalty, To Provide An Exception To The Provision That Prohibits The Carrying Of A Concealable Weapon Onto Certain Premises, To Delete The Provision That Provides For The Revocation Of A Person's Permit When He Violates Certain Provisions, To Provide That Valid Out-of-state Permits To Carry Concealable Weapons By A Resident Of Another State Must Be Honored By The State, To Revise The Provision That Allows Certain Persons To Carry A Concealable Weapon Without A Permit, And To Delete The Term "reciprocal State" And Replace It With The Term "another State"; To Amend Sections 23-31-220 And 23-31-225 Of The 1976 Code, Both Relating To A Property Owner's Right To Allow A Holder Of A Concealed Weapon Permit To Carry A Weapon Onto His Property, To Make Technical Changes, To Provide That This Provision Regulates Both Persons Who Possess And Do Not Possess A Concealable Weapons Permit, To Delete The Provision That Requires The Revocation Of A Permit For A Violation Of Certain Provisions Of Law, And To Delete A Reference To The Provision That Provides For The Issuance Of Concealed Weapon Permits; To Amend Section 23-31-240 Of The 1976 Code, Relating To Persons Who Are Allowed To Carry A Concealed Weapon While On Duty, To Delete The Provision That Requires These Persons To Possess A Concealed Weapon Permit; And To Define Necessary Terms.

Last Action: Referred to Committee on Judiciary

Last Action Date: January 22, 2019

this is an anti-gun bill

S0421

Title: Firearms; unlawful carry on premises with alcohol consumption provide does not apply to person lawfully carrying but not consuming alcohol

Description: Delete The Provision That Provides That This Section Does Not Apply To A Person Who Holds A Concealed Weapon Permit While Carrying A Firearm Onto The Premise Under Certain Circumstances, To Revise The Penalties For A Violation Of This Section, And To Make Technical Changes.

Last Action: Referred to Committee on Judiciary

Last Action Date: January 24, 2019

this is an anti-gun bill

S0423

Title: Weapons on school property

Description: Relating To The Possession Of A Firearm On School Property, To Provide That It Is Unlawful For A Person To Possess A Firearm Of Any Kind On Or Within One Thousand Feet Of Any Premises Or Property Owned, Operated, Or Controlled By A Private Or Public School, College, University, Technical College, Or Other Post-secondary Institution Or Controlled By A Private Or Public School, College, University, Technical College, Or Other Post-secondary Institution Or In Any Publicly Owned Building, Without The Express Permission Of The Authorities In Charge Of The Premises Or Property.

Last Action: Referred to Committee on Judiciary

Last Action Date: January 24, 2019

this is an anti-gun bill

S0446

Title: Safety and Security Dept within the Commission of Public Works of Spartanburg County

Description: Prohibit Certain Enumerated Activities At Lake William C. Bowen, Lake Blalock, And Spartanburg Municipal Reservoir #1 In Spartanburg County; And To Repeal Act 465 Of 2002 Relating To The Establishment Of The Safety And Security Department Within The Commission Of Public Works For The City Of Spartanburg.

Last Action: Referred to Committee on Fish, Game and Forestry

Last Action Date: January 29, 2019

this is an anti-gun bill

S0605

Title: Firearms

Description: Relating To Offenses Involving Weapons By Adding Article 9, To Require That No Gun Transfer Preceded By A Criminal Background Check May Proceed Unless The Criminal Background Check Has Concluded That The Sale May Proceed, Or Until At Least Ten Business Days Have Passed From The Initiation Of The Background Check, A Second Application Has Been Submitted, And Another Ten Business Days Have Passed; And To Provide For Criminal Penalties For Violations Of This Article.

Last Action: Referred to Committee on Judiciary

Last Action Date: March 5, 2019

this is an anti-gun bill

S0606

Title: Firearms

Description: Relating To Offenses Involving Weapons, By Adding Article 2, To Require That Any Firearm Transfer Must Be Preceded By A Criminal Background Check Performed By A Licensed Firearm Dealer With The National Instant Criminal Background Check System, And To Provide For Exceptions, Notice, And Criminal Penalties For Violations Of This Article.

Last Action: Referred to Committee on Judiciary

Last Action Date: March 5, 2019

this is an anti-gun bill

S0731

Title: Firearms

Description: Relating To Firearms, By Adding Article 11, To Require That No Gun Transfer Preceded By A Criminal Background Check May Proceed, Unless The Criminal Background Check Has Concluded That The Sale May Proceed, Until At Least Five Days Have Passed From The Initiation Of The Background Check, And To Provide For Criminal Penalties For Violations Of This Article.

Last Action: Referred to Committee on Judiciary

Last Action Date: April 2, 2019

watching this bill

S0841

Title: Handguns

Description: Add Necessary Terms; To Amend Article 1, Chapter 23, Title 16, By Adding Section 16-23-25, To Provide That It Is Unlawful For A Person To Sell, Offer To Sell, Deliver, Lease, Rent, Barter, Exchange, Or Transport For Sale In This State Any Handgun To A Person Who Is Under The Age Of Eighteen, To Provide That It Is Unlawful For A Person Under The Age Of Eighteen To Possess Or Attempt To Possess A Handgun Within This State, And To Provide For Exceptions; To Amend Section 16-23-30, Relating To The Unlawful Carrying Of A Handgun, To Delete The Use Of The Term "handgun" And Replace It With "firearm", To Provide That It Is Unlawful For A Person To Sell, Offer To Sell, Deliver, Lease, Rent, Barter, Exchange, Transport For Sale Into This State, Or Otherwise Dispose Of Any Firearm To A Person Knowing Or Having Reasonable Cause To Believe That The Person Meets A Certain Category; To Amend Section 16-23-50, Relating To Penalties, Disposition Of Fines, And The Forfeiture And Dispositions Of Handguns, To Reduce The Penalty For A First Offense Firearm Violation, To Provide For Enhanced Penalties For Subsequent Violations, To Delete The Use Of The Term "handgun" And Replace It With "firearm", To Provide That A Law Enforcement Agency That Receives A Firearm Pursuant To This Section Shall Administratively Release The Firearm To An Innocent Owner Under Certain Circumstances; And To Repeal Sections 16-23-500 And 23-31-1040 Of The 1976 Code.

Last Action: Referred to Committee on Judiciary

Last Action Date: May 9, 2019

this is an pro-gun bill

S0875

Title: Firearms; local regulation

Description: Relating To Local Regulation Of The Ownership, Transfer, Or Possession Of A Firearm And Related Provisions, To Provide That No Governing Body Of Any County, Municipality, Or Other Political Subdivision In The State May Enact Or Promulgate Any Regulation Or Ordinance That Regulates Or Attempts To Regulate The Transfer, Ownership, Possession, Carrying, Transportation, Manufacture, Assembly, Storage, Warehousing, Distribution, Or Sale Of Firearms, Ammunition, Components Of Firearms, Homemade Firearms Created Or Assembled Without A Serial Number, Or Any Combination Of These Things.

Last Action: Referred to Committee on Judiciary

Last Action Date: January 14, 2020

watching this bill

S1018

Title: A Bill To Amend The South Carolina Code Of Laws, 1976, To Enact The "south Carolina Juvenile Justice Reform Act Of 2020", To Amend Section 63-1-20, Relating To The Children's Policy Of South Carolina, To Include Within The Statement A Provision To Establish A Policy Regarding The Care And Guidance Of Children Within The Juvenile Justice System; To Amend Chapter 19, Title 63, Relating To The Juvenile Justice Code, By Adding Article 6 To Require Each Circuit Solicitor To Establish A Juvenile Offender Civil Citation Program To Provide A Civil Diversion Program For Children Who Have Committed Acts Of Delinquency, And To Establish Eligibility And Participation Requirements; To Amend Section 16-17-425, Relating To Unlawful Student Threats, To Establish That It Is Unlawful For A Student To Make A Threat To Commit An Act Of Mass Violence At A School, College, Or University, Or At A School-, College-, Or University-sponsored Activity, And To Provide Penalties; To Amend Section 16-23-430, Relating To Possession Of A Weapon On School Grounds, To Provide That It Is Unlawful For Any Person To Carry, While On Elementary Or Secondary School Property, A Knife, Firearm, Or Other Weapon With The Intent By The Person To Inflict Serious Bodily Injury Or Death, Or To Carry Upon His Person A Weapon, Device, Or Object With The Intent To Inflict Bodily Injury And To Provide Penalties And Exceptions; To Amend Section 23-3-430, Relating To The Sex Offender Registry Statute, By Removing References To Adjudicated Delinquencies; To Amend Article 7, Chapter 3, Title 23, Relating To The Sex Offender Registry, By Adding Section 23-3-435 To Require The Court To Make A Finding To Determine If A Child Adjudicated Delinquent For An Eligible Offense Is Required To Register As A Sex Offender Or Participate In Electronic Monitoring And To Provide For The Child The Ability At A Later Date To Request A Hearing To End The Requirements Of Registering As A Sex Offender Or Participating In Electronic Monitoring; To Amend Section 23-3-490, Relating To Public Inspection Of The Sex Offender Registry, To Require That Access To Information Regarding A Child's Adjudication Of Delinquency For A Sex Offender Statute Be Limited To Victims, Witnesses, Childcare Facilities, Or Businesses That Primarily Serve Children, Women, Or Vulnerable Adults; To Amend Section 23-3-540, Relating To Electronic Monitoring, To Conform The Sex Offender Statute To The Juvenile Section By Removing References To Delinquency And The Department Of Juvenile Justice; To Amend Section 63-1-40, Relating To The Definition Of 'status Offense', To Remove From The Definition The Playing Or Loitering In A Billiard Room, Playing A Pinball Machine Or Gaining Admission To A Theater By False Identification; To Amend Section 63-3-510, Relating To The Jurisdiction Of The Family Court, To Include Within The Court's Jurisdiction A Petition For Removal From The Sex Offender Registry If The Order Originated From The Family Court; To Amend Section 63-3-520, Relating To The Concurrent Jurisdiction Of Family Court And Magistrates Court, To Increase The Age Of Concurrent Jurisdiction From Persons Under Seventeen Years Of Age To Persons Under Eighteen Years Of Age; To Amend Section 63-7-310, Relating To The Mandatory Reporting Of Child Abuse, To Remove The Requirement That A Person Employed By A Lawyer Must Report Suspected Abuse If The Suspicion Arises In The Course Of The Legal Representation; To Amend Section 63-19-20, Relating To The Definition Of 'status Offense', To Remove From The Definition The Playing Or Loitering In A Billiard Room, Playing A Pinball Machine Or Gaining Admission To A Theater By False Identification; To Amend Chapter 19, Title 63, By Adding Article 2 To Establish The 'children's Bill Of Rights' To Provide That A Child Has The Right To Be Treated With Basic Human Dignity, To Be Provided Necessary Care, Medical Treatment, Food, Education, Access To Family, Advocates, And Lawyers, And To Be Free From Abuse, Neglect, And Harassment, And To Provide For The Application Of These Rights; To Amend Article 1, Chapter 19, Title 63, By Adding Section 63-19-210 To Require That Law Enforcement Must Arrange For A Child Fifteen Years Of Age Or Younger To Meet With Legal Counsel Prior To A Custodial Interrogation Unless The Officer Believes That The Information Sought Is Necessary To Protect Life Or Property From An Imminent Threat; To Amend Section 63-19-340, Relating To The Annual Report By The Department Of Juvenile Justice, To Provide That The Report Must Include Specific Statistics Relating To Children Referred To The Department, Their Related Offenses And Sentences; To Amend Section 63-19-350, Relating To The Department Of Juvenile Justice, To Require The Department To Develop And Utilize Structured Decision-making Tools For All Key Points Of The Juvenile Justice Process; To Amend Section 63-19-360 To Require The Child Evaluation To Be Conducted By The Department To Include A Biopsychosocial Assessment And A Determination Of The Child's Mental Health Functioning; To Amend Article 3, Chapter 19, Title 63, Relating To Child Delinquency Petitions, By Adding Section 63-19-362 To Require That Before Submitting A Petition For A Child In Its Custody For A Misdemeanor That Would Carry A Maximum Term Of Imprisonment Of Five Years Or Less, The Department Of Juvenile Justice Must Attempt To Resolve The Situation Through Available Administrative Approaches; To Amend Article 3, Chapter 19, Title 63, Relating To The Department Of Juvenile Justice, By Adding Section 63-19-365 To Prohibit The Use Of Solitary Confinement On A Child And Provide Limits For The Use Of Corrective Room Restrictions Upon Children Within The Custody Of The Department; To Amend Section 63-19-370, Relating To Interdepartmental Agreements, To Allow The Department Of Juvenile Justice To Establish Agreements With The Department Of Mental Health And The Department Of Education To Provide Reentry Services For Children Returning To Schools And Communities From The Department's Custody; To Amend Article 3, Chapter 19, Title 63 By Adding Section 63-19-500, Relating To The Department Of Juvenile Justice, To Require That The Department Establish At Least One Pre-detention Intervention Program In Each Judicial Circuit And To Establish Program Requirements And Eligibility; To Amend Article 3, Chapter 19, Title 63 By Adding Section 63-19-520 To Establish The Juvenile Justice Improvement Fund, To Allow The Department Of Juvenile Justice To Divert Moneys Saved From Decreased Reliance On Out-of-home Placement To Fund Community Intervention Programs Including Educational, Mental Health And Behavioral Health Services; To Amend Section 63-19-810, Relating To The Taking Of A Child Into Custody By Law Enforcement, To Remove A Duplicative Notification Provision By Law Enforcement To School Principals And To Require That Any Child Seventeen Years Of Age Or Older, Who Has Been Taken Into Custody But Who Has Not Been Released To A Parent Or Guardian, Must Have A Bond Hearing Before A Magistrate; To Amend Section 63-19-820, Relating To The Pre-trial Detention Of Children, To Limit Secure Pre-trial Detention To Circumstances Where It Is The Least Restrictive Appropriate Option And If The Child Is Charged With A Crime That Would Be A Five Year Felony Or Greater, Has Exhausted Community-based Alternatives, Or Is Charged With Unlawful Student Threats Or Failure To Stop For A Blue Light, To Remove The Eligibility Of Juveniles Charged As An Adult To Be Housed In Adult Detention Facilities, And To Prohibit The Secure Detention Of Status Offenders; To Amend Section 63-19-830, Relating To Juvenile Detention Hearings, To Allow The Court To Order A Child Detained In An Approved Home, Program, Or Facility Other Than A Secure Juvenile Detention Facility While Awaiting Trial; To Amend Section 63-19-1010, Relating To Juvenile Intake And Probation, To Require That A Child Brought Before The Family Court Shall Have A Presumption For Diversion If Certain Conditions Are Met Or If The Solicitor Has Good Cause To Believe That Diversion Would Be Insufficient; To Amend Section 63-19-1020, Relating To The Institution Of Proceedings For A Juvenile, To Require Services To Be Offered Before The Department May Accept A Referral For A Status Offense Or For School-based Offenses; To Amend Section 63-19-1030, Relating To Juvenile Prehearing Inquiries, To Establish That The Prehearing Investigation Is Optional And To Establish The Parents' Right To Receive Notice Of The Charges And Their Rights To An Attorney In Every Case Upon Service Of A Petition; To Amend Article 9, Chapter 19, Title 63, Relating To Intake And Initiation Of Proceedings, By Adding Section 63-19-1050 To Prohibit The Charging A Fee To A Child As A Condition Of Diversion And To Limit The Amount Of Restitution Required Of A Child In Diversion To Five Hundred Dollars; To Amend Article 9, Chapter 19, Title 63, By Adding Section 63-19-1070 To Establish That The Family Court May Adjourn A Criminal Proceeding Against A Juvenile In Contemplation Of Dismissal Upon Completion Of Certain Conditions Established By The Court, And To Establish Eligibility And Participation Requirements; To Amend Section 63-19-1210, Relating To The Transfer Of Jurisdiction, To Eliminate The Transfer To General Sessions For A Child Fourteen Or Fifteen Years Of Age, To Allow A Child Who Is Transferred To General Sessions Who Has Been Charged With Murder To Be Eligible To Receive A Sentence Less Than The Mandatory Minimum, And To Allow The Determination By The Court To Transfer The Child's Case To General Sessions To Be Immediately Appealable To The Supreme Court; To Amend Section 63-19-1410, Relating To The Adjudication Of Delinquency, To Require The Court To Order The Least Restrictive Appropriate Placement For A Child Adjudicated Delinquent, To Limit The Length Of Probation To Two Years For A Felony Or One Year For A Misdemeanor Or Status Offense Unless The Child Is In Violation Of Probation, There Is Agreement Amongst The Parties, Or The Child Is Participating In A Evidenced-based Program That Is Longer That The Allowed Term, To Limit Probation To Not Extend After A Child's Twentieth Birthday, To Limit The Imposition Of Restitution For A Child Under The Age Of Sixteen Unless It Is Proven That The Child Has The Ability To Pay, To Prohibit The Child From Being Ordered To Pay For Drug Screens Unless The Child Has Insurance To Cover The Cost, And To Allow For The Department Of Juvenile Justice To Place The Child On Administrative Supervision For Up To One Year To Pay For Restitution Or Complete Community Service; To Amend Article 13, Chapter 19, Title 63, Relating To The Dispositional Powers Of The Family Court, By Adding Section 63-19-1415 To Allow The Circuit Solicitors To Operate One Or More Specialty Treatment Courts If Allowed By The Supreme Court; To Amend Section 63-19-1440, Relating To Commitment Of A Juvenile Found Delinquent By The Court, To Limit The Placement Of A Child Into The Custody Of The Department Of Juvenile Justice Unless The Child Commits Certain Felonies, The Offense Involves Firearms, The Child Has A Record Of Certain Offenses, The Child Is Adjudicated For A Lesser Offense That Would Have Been A Felony And The Parties Agree That Commitment Is In The Best Interests Of The Child, To Require The Court To Issue Individualized Findings As To Why The Commitment Is The Least Restrictive Sentencing Option To Protect The Public And Rehabilitate The Child, To Prohibit The Commitment Of A Child Who Has Been Adjudicated For A Status Offense Or A Probation Revocation Related To A Status Offense, To Allow The Court To Sentence A Child Who Has Committed An Offense Which Carries Fifteen Years Or More To A Determinate Sentence Of Up To One Hundred Eighty Days, And To Limit The Consecutive Sentencing To Not Exceed The Time Eligible For An Indeterminate Sentence, To Limit The Eligibility For Residential Evaluations, And To Allow For The Child To Get Time Served Credit For Commitments To Short Term Alternative Placements; To Amend Section 63-19-1450 To Clarify That A Child May Not Be Committed To The Department Of Juvenile Justice Who Is Handicapped By Mental Illness Or A Developmental Disability And To Provide That The Court May Order An Evaluation And Hold A Hearing Regarding Whether The Child Must Be Committed To The Supervision Of The Department Of Mental Health Or The Department Of Disabilities And Special Needs; To Amend Article 13, Chapter 19, Title 63, Relating To The Powers Of The Family Court, By Adding Section 63-19-1480 To Provide That The Family Court May Conduct Post-dispositional Reviews To Determine If The Purposes Of The Criminal Sentencing Have Been Met And The Child's Sentence May Be Closed, The Hearing Being Held Only After One Year Or If The Child Is In The Custody Of The Department Of Juvenile Justice, Then After Six Months; To Amend Section 63-19-1810, Relating To Parole And Aftercare, To Remove The Authority Of The Court To Commit A Child To Secure Custody For A Probation Revocation If The Child Is On Probation For A Status Offense; To Amend Section 63-19-1820, Relating To The Board Of Juvenile Parole, To Require The Releasing Entity To Determine The Length Of Stay Guidelines Are Based On Evidence-based Best Practices, The Risks Of Reoffending And The Severity Of The Offense; To Amend 63-19-1835, Relating To Compliance Reductions For Probationers And Parolees, To Require The Department Of Juvenile Justice To Develop And Implement Administrative Community-based Sanctions For Technical Violations Of Probation Or Parole; To Amend Section 63-19-2020, Relating To The Confidentiality Of Juvenile Records, To Remove A Reference To A Deleted Criminal Offense, To Require The Department Of Juvenile Justice To Notify The Administration Of A College Or University Of An Enrolled Student's Charges Delineated Within This Section, And To Add Assault And Battery In The First Or Second Degrees To The List Of Crimes That Must Be Disclosed To School Officials; To Amend Section 63-19-2030, Relating To The Juvenile Law Enforcement Records, To Require Law Enforcement To Provide Certain Incident Reports Of Students To Appropriate College And University Administration, To Remove The Reference To Assault And Battery Against School Personnel And Add That Reports Of Assault And Battery In The First Or Second Degrees Must Be Reported, To Require Any Such Notice To Include Language That The Child Is Innocent Until Proven Guilty, And To Require Law Enforcement To Provide Subsequent Updates Of Any Dismissal Or Reduction Of The Charges; To Amend Section 63-19-2050, Relating To The Expungement Of Juvenile Records, To Require The Expungement Of All Official Records Related To The Adjudication Or Disposition Of A Status Offense Upon The Person Reaching Eighteen Years Of Age Or As Soon Thereafter As He Completes Any Pending Family Court Disposition And To Require That A Child Shall Not Be Charged For The Expungement Of His Records Ordered Under This Section; To Amend Article 19, Chapter 18, Title 59, By Adding Section 59-18-1970, To Require That A School District For A Student Who Has Transferred Because Of Homelessness, Status As A Victim Of Abuse Or Neglect, Adjudications Of Delinquency, Or Placement In A Facility For Mental Health Or Developmental Disabilities Must Contact The Student's Prior School Within Two Days Of Enrollment And To Require The Previous School District To Send The Student's Records Within Two Days Of Request To The New School, And To Require That The Student Receive Timely Assistance, Equal Access, And Priority Placement Relating To The Transfer; To Amend Article 19, Chapter 18, Title 59, By Adding Section 59-19-1980, To Require School Districts To Provide School Liaisons To Assist Students Transferring Due To Involvement In The Juvenile Justice System; To Amend Section 59-24-60, Relating To The Requirement Of School Officials To Contact Law Enforcement, To Provide That School Officials Must Contact Law Enforcement If A Person Commits An Action At A School Or School Sponsored Event That Would Be A Felony Or A Crime Punishable By Five Years Or More, Or If The Action Results In Serious Injury; To Amend Section 59-63-210, Relating To School Discipline, To Limit The Authority Of A School District To Expel, Suspend, Or Transfer A Pupil Unless He Commits A Felony, A Crime That Would Carry A Maximum Punishment Of Five Years Or More If Committed By An Adult, There Is A Threat Of Violence, Or If There Is A Victim At The School Who Has A Reasonable Fear For His Safety, And To Limit The Authority Of The School District If The Conduct Committed By The Student Occurred Outside Of School, Then The Action By The School District Must Only Occur If The Student's Conduct Amounted To A Violent Offense Or Resulted In Moderate Or Great Bodily Injury; To Amend Section 59-63-1320, Relating To Alternative Schools, To Restrict The Automatic Placement Of A Child Returning From The Custody Of The Department Of Juvenile Justice To An Alternative School Unless The Parent Or Guardian And Child Agree That Such Placement Is Appropriate, There Is An Intervention Assessment That Determines That There Is An Imminent Threat Or The Likelihood Of Serious Misconduct, Or There Is A Hearing By The District Within Ten Days, Or If The Child Has A Disability Under The Individuals With Disabilities Education Act Then The District Must Hold A Team Meeting To Determine The Most Appropriate Educational Placement; And To Repeal Sections 63-19-2420 And 63-19-2430 Relating To The Offenses Of Unlawful Loitering In A Billiard Room And The Unlawful Playing Of Pinball.

Description: A Bill To Amend The South Carolina Code Of Laws, 1976, To Enact The "south Carolina Juvenile Justice Reform Act Of 2020", To Amend Section 63-1-20, Relating To The Children's Policy Of South Carolina, To Include Within The Statement A Provision To Establish A Policy Regarding The Care And Guidance Of Children Within The Juvenile Justice System; To Amend Chapter 19, Title 63, Relating To The Juvenile Justice Code, By Adding Article 6 To Require Each Circuit Solicitor To Establish A Juvenile Offender Civil Citation Program To Provide A Civil Diversion Program For Children Who Have Committed Acts Of Delinquency, And To Establish Eligibility And Participation Requirements; To Amend Section 16-17-425, Relating To Unlawful Student Threats, To Establish That It Is Unlawful For A Student To Make A Threat To Commit An Act Of Mass Violence At A School, College, Or University, Or At A School-, College-, Or University-sponsored Activity, And To Provide Penalties; To Amend Section 16-23-430, Relating To Possession Of A Weapon On School Grounds, To Provide That It Is Unlawful For Any Person To Carry, While On Elementary Or Secondary School Property, A Knife, Firearm, Or Other Weapon With The Intent By The Person To Inflict Serious Bodily Injury Or Death, Or To Carry Upon His Person A Weapon, Device, Or Object With The Intent To Inflict Bodily Injury And To Provide Penalties And Exceptions; To Amend Section 23-3-430, Relating To The Sex Offender Registry Statute, By Removing References To Adjudicated Delinquencies; To Amend Article 7, Chapter 3, Title 23, Relating To The Sex Offender Registry, By Adding Section 23-3-435 To Require The Court To Make A Finding To Determine If A Child Adjudicated Delinquent For An Eligible Offense Is Required To Register As A Sex Offender Or Participate In Electronic Monitoring And To Provide For The Child The Ability At A Later Date To Request A Hearing To End The Requirements Of Registering As A Sex Offender Or Participating In Electronic Monitoring; To Amend Section 23-3-490, Relating To Public Inspection Of The Sex Offender Registry, To Require That Access To Information Regarding A Child's Adjudication Of Delinquency For A Sex Offender Statute Be Limited To Victims, Witnesses, Childcare Facilities, Or Businesses That Primarily Serve Children, Women, Or Vulnerable Adults; To Amend Section 23-3-540, Relating To Electronic Monitoring, To Conform The Sex Offender Statute To The Juvenile Section By Removing References To Delinquency And The Department Of Juvenile Justice; To Amend Section 63-1-40, Relating To The Definition Of 'status Offense', To Remove From The Definition The Playing Or Loitering In A Billiard Room, Playing A Pinball Machine Or Gaining Admission To A Theater By False Identification; To Amend Section 63-3-510, Relating To The Jurisdiction Of The Family Court, To Include Within The Court's Jurisdiction A Petition For Removal From The Sex Offender Registry If The Order Originated From The Family Court; To Amend Section 63-3-520, Relating To The Concurrent Jurisdiction Of Family Court And Magistrates Court, To Increase The Age Of Concurrent Jurisdiction From Persons Under Seventeen Years Of Age To Persons Under Eighteen Years Of Age; To Amend Section 63-7-310, Relating To The Mandatory Reporting Of Child Abuse, To Remove The Requirement That A Person Employed By A Lawyer Must Report Suspected Abuse If The Suspicion Arises In The Course Of The Legal Representation; To Amend Section 63-19-20, Relating To The Definition Of 'status Offense', To Remove From The Definition The Playing Or Loitering In A Billiard Room, Playing A Pinball Machine Or Gaining Admission To A Theater By False Identification; To Amend Chapter 19, Title 63, By Adding Article 2 To Establish The 'children's Bill Of Rights' To Provide That A Child Has The Right To Be Treated With Basic Human Dignity, To Be Provided Necessary Care, Medical Treatment, Food, Education, Access To Family, Advocates, And Lawyers, And To Be Free From Abuse, Neglect, And Harassment, And To Provide For The Application Of These Rights; To Amend Article 1, Chapter 19, Title 63, By Adding Section 63-19-210 To Require That Law Enforcement Must Arrange For A Child Fifteen Years Of Age Or Younger To Meet With Legal Counsel Prior To A Custodial Interrogation Unless The Officer Believes That The Information Sought Is Necessary To Protect Life Or Property From An Imminent Threat; To Amend Section 63-19-340, Relating To The Annual Report By The Department Of Juvenile Justice, To Provide That The Report Must Include Specific Statistics Relating To Children Referred To The Department, Their Related Offenses And Sentences; To Amend Section 63-19-350, Relating To The Department Of Juvenile Justice, To Require The Department To Develop And Utilize Structured Decision-making Tools For All Key Points Of The Juvenile Justice Process; To Amend Section 63-19-360 To Require The Child Evaluation To Be Conducted By The Department To Include A Biopsychosocial Assessment And A Determination Of The Child's Mental Health Functioning; To Amend Article 3, Chapter 19, Title 63, Relating To Child Delinquency Petitions, By Adding Section 63-19-362 To Require That Before Submitting A Petition For A Child In Its Custody For A Misdemeanor That Would Carry A Maximum Term Of Imprisonment Of Five Years Or Less, The Department Of Juvenile Justice Must Attempt To Resolve The Situation Through Available Administrative Approaches; To Amend Article 3, Chapter 19, Title 63, Relating To The Department Of Juvenile Justice, By Adding Section 63-19-365 To Prohibit The Use Of Solitary Confinement On A Child And Provide Limits For The Use Of Corrective Room Restrictions Upon Children Within The Custody Of The Department; To Amend Section 63-19-370, Relating To Interdepartmental Agreements, To Allow The Department Of Juvenile Justice To Establish Agreements With The Department Of Mental Health And The Department Of Education To Provide Reentry Services For Children Returning To Schools And Communities From The Department's Custody; To Amend Article 3, Chapter 19, Title 63 By Adding Section 63-19-500, Relating To The Department Of Juvenile Justice, To Require That The Department Establish At Least One Pre-detention Intervention Program In Each Judicial Circuit And To Establish Program Requirements And Eligibility; To Amend Article 3, Chapter 19, Title 63 By Adding Section 63-19-520 To Establish The Juvenile Justice Improvement Fund, To Allow The Department Of Juvenile Justice To Divert Moneys Saved From Decreased Reliance On Out-of-home Placement To Fund Community Intervention Programs Including Educational, Mental Health And Behavioral Health Services; To Amend Section 63-19-810, Relating To The Taking Of A Child Into Custody By Law Enforcement, To Remove A Duplicative Notification Provision By Law Enforcement To School Principals And To Require That Any Child Seventeen Years Of Age Or Older, Who Has Been Taken Into Custody But Who Has Not Been Released To A Parent Or Guardian, Must Have A Bond Hearing Before A Magistrate; To Amend Section 63-19-820, Relating To The Pre-trial Detention Of Children, To Limit Secure Pre-trial Detention To Circumstances Where It Is The Least Restrictive Appropriate Option And If The Child Is Charged With A Crime That Would Be A Five Year Felony Or Greater, Has Exhausted Community-based Alternatives, Or Is Charged With Unlawful Student Threats Or Failure To Stop For A Blue Light, To Remove The Eligibility Of Juveniles Charged As An Adult To Be Housed In Adult Detention Facilities, And To Prohibit The Secure Detention Of Status Offenders; To Amend Section 63-19-830, Relating To Juvenile Detention Hearings, To Allow The Court To Order A Child Detained In An Approved Home, Program, Or Facility Other Than A Secure Juvenile Detention Facility While Awaiting Trial; To Amend Section 63-19-1010, Relating To Juvenile Intake And Probation, To Require That A Child Brought Before The Family Court Shall Have A Presumption For Diversion If Certain Conditions Are Met Or If The Solicitor Has Good Cause To Believe That Diversion Would Be Insufficient; To Amend Section 63-19-1020, Relating To The Institution Of Proceedings For A Juvenile, To Require Services To Be Offered Before The Department May Accept A Referral For A Status Offense Or For School-based Offenses; To Amend Section 63-19-1030, Relating To Juvenile Prehearing Inquiries, To Establish That The Prehearing Investigation Is Optional And To Establish The Parents' Right To Receive Notice Of The Charges And Their Rights To An Attorney In Every Case Upon Service Of A Petition; To Amend Article 9, Chapter 19, Title 63, Relating To Intake And Initiation Of Proceedings, By Adding Section 63-19-1050 To Prohibit The Charging A Fee To A Child As A Condition Of Diversion And To Limit The Amount Of Restitution Required Of A Child In Diversion To Five Hundred Dollars; To Amend Article 9, Chapter 19, Title 63, By Adding Section 63-19-1070 To Establish That The Family Court May Adjourn A Criminal Proceeding Against A Juvenile In Contemplation Of Dismissal Upon Completion Of Certain Conditions Established By The Court, And To Establish Eligibility And Participation Requirements; To Amend Section 63-19-1210, Relating To The Transfer Of Jurisdiction, To Eliminate The Transfer To General Sessions For A Child Fourteen Or Fifteen Years Of Age, To Allow A Child Who Is Transferred To General Sessions Who Has Been Charged With Murder To Be Eligible To Receive A Sentence Less Than The Mandatory Minimum, And To Allow The Determination By The Court To Transfer The Child's Case To General Sessions To Be Immediately Appealable To The Supreme Court; To Amend Section 63-19-1410, Relating To The Adjudication Of Delinquency, To Require The Court To Order The Least Restrictive Appropriate Placement For A Child Adjudicated Delinquent, To Limit The Length Of Probation To Two Years For A Felony Or One Year For A Misdemeanor Or Status Offense Unless The Child Is In Violation Of Probation, There Is Agreement Amongst The Parties, Or The Child Is Participating In A Evidenced-based Program That Is Longer That The Allowed Term, To Limit Probation To Not Extend After A Child's Twentieth Birthday, To Limit The Imposition Of Restitution For A Child Under The Age Of Sixteen Unless It Is Proven That The Child Has The Ability To Pay, To Prohibit The Child From Being Ordered To Pay For Drug Screens Unless The Child Has Insurance To Cover The Cost, And To Allow For The Department Of Juvenile Justice To Place The Child On Administrative Supervision For Up To One Year To Pay For Restitution Or Complete Community Service; To Amend Article 13, Chapter 19, Title 63, Relating To The Dispositional Powers Of The Family Court, By Adding Section 63-19-1415 To Allow The Circuit Solicitors To Operate One Or More Specialty Treatment Courts If Allowed By The Supreme Court; To Amend Section 63-19-1440, Relating To Commitment Of A Juvenile Found Delinquent By The Court, To Limit The Placement Of A Child Into The Custody Of The Department Of Juvenile Justice Unless The Child Commits Certain Felonies, The Offense Involves Firearms, The Child Has A Record Of Certain Offenses, The Child Is Adjudicated For A Lesser Offense That Would Have Been A Felony And The Parties Agree That Commitment Is In The Best Interests Of The Child, To Require The Court To Issue Individualized Findings As To Why The Commitment Is The Least Restrictive Sentencing Option To Protect The Public And Rehabilitate The Child, To Prohibit The Commitment Of A Child Who Has Been Adjudicated For A Status Offense Or A Probation Revocation Related To A Status Offense, To Allow The Court To Sentence A Child Who Has Committed An Offense Which Carries Fifteen Years Or More To A Determinate Sentence Of Up To One Hundred Eighty Days, And To Limit The Consecutive Sentencing To Not Exceed The Time Eligible For An Indeterminate Sentence, To Limit The Eligibility For Residential Evaluations, And To Allow For The Child To Get Time Served Credit For Commitments To Short Term Alternative Placements; To Amend Section 63-19-1450 To Clarify That A Child May Not Be Committed To The Department Of Juvenile Justice Who Is Handicapped By Mental Illness Or A Developmental Disability And To Provide That The Court May Order An Evaluation And Hold A Hearing Regarding Whether The Child Must Be Committed To The Supervision Of The Department Of Mental Health Or The Department Of Disabilities And Special Needs; To Amend Article 13, Chapter 19, Title 63, Relating To The Powers Of The Family Court, By Adding Section 63-19-1480 To Provide That The Family Court May Conduct Post-dispositional Reviews To Determine If The Purposes Of The Criminal Sentencing Have Been Met And The Child's Sentence May Be Closed, The Hearing Being Held Only After One Year Or If The Child Is In The Custody Of The Department Of Juvenile Justice, Then After Six Months; To Amend Section 63-19-1810, Relating To Parole And Aftercare, To Remove The Authority Of The Court To Commit A Child To Secure Custody For A Probation Revocation If The Child Is On Probation For A Status Offense; To Amend Section 63-19-1820, Relating To The Board Of Juvenile Parole, To Require The Releasing Entity To Determine The Length Of Stay Guidelines Are Based On Evidence-based Best Practices, The Risks Of Reoffending And The Severity Of The Offense; To Amend 63-19-1835, Relating To Compliance Reductions For Probationers And Parolees, To Require The Department Of Juvenile Justice To Develop And Implement Administrative Community-based Sanctions For Technical Violations Of Probation Or Parole; To Amend Section 63-19-2020, Relating To The Confidentiality Of Juvenile Records, To Remove A Reference To A Deleted Criminal Offense, To Require The Department Of Juvenile Justice To Notify The Administration Of A College Or University Of An Enrolled Student's Charges Delineated Within This Section, And To Add Assault And Battery In The First Or Second Degrees To The List Of Crimes That Must Be Disclosed To School Officials; To Amend Section 63-19-2030, Relating To The Juvenile Law Enforcement Records, To Require Law Enforcement To Provide Certain Incident Reports Of Students To Appropriate College And University Administration, To Remove The Reference To Assault And Battery Against School Personnel And Add That Reports Of Assault And Battery In The First Or Second Degrees Must Be Reported, To Require Any Such Notice To Include Language That The Child Is Innocent Until Proven Guilty, And To Require Law Enforcement To Provide Subsequent Updates Of Any Dismissal Or Reduction Of The Charges; To Amend Section 63-19-2050, Relating To The Expungement Of Juvenile Records, To Require The Expungement Of All Official Records Related To The Adjudication Or Disposition Of A Status Offense Upon The Person Reaching Eighteen Years Of Age Or As Soon Thereafter As He Completes Any Pending Family Court Disposition And To Require That A Child Shall Not Be Charged For The Expungement Of His Records Ordered Under This Section; To Amend Article 19, Chapter 18, Title 59, By Adding Section 59-18-1970, To Require That A School District For A Student Who Has Transferred Because Of Homelessness, Status As A Victim Of Abuse Or Neglect, Adjudications Of Delinquency, Or Placement In A Facility For Mental Health Or Developmental Disabilities Must Contact The Student's Prior School Within Two Days Of Enrollment And To Require The Previous School District To Send The Student's Records Within Two Days Of Request To The New School, And To Require That The Student Receive Timely Assistance, Equal Access, And Priority Placement Relating To The Transfer; To Amend Article 19, Chapter 18, Title 59, By Adding Section 59-19-1980, To Require School Districts To Provide School Liaisons To Assist Students Transferring Due To Involvement In The Juvenile Justice System; To Amend Section 59-24-60, Relating To The Requirement Of School Officials To Contact Law Enforcement, To Provide That School Officials Must Contact Law Enforcement If A Person Commits An Action At A School Or School Sponsored Event That Would Be A Felony Or A Crime Punishable By Five Years Or More, Or If The Action Results In Serious Injury; To Amend Section 59-63-210, Relating To School Discipline, To Limit The Authority Of A School District To Expel, Suspend, Or Transfer A Pupil Unless He Commits A Felony, A Crime That Would Carry A Maximum Punishment Of Five Years Or More If Committed By An Adult, There Is A Threat Of Violence, Or If There Is A Victim At The School Who Has A Reasonable Fear For His Safety, And To Limit The Authority Of The School District If The Conduct Committed By The Student Occurred Outside Of School, Then The Action By The School District Must Only Occur If The Student's Conduct Amounted To A Violent Offense Or Resulted In Moderate Or Great Bodily Injury; To Amend Section 59-63-1320, Relating To Alternative Schools, To Restrict The Automatic Placement Of A Child Returning From The Custody Of The Department Of Juvenile Justice To An Alternative School Unless The Parent Or Guardian And Child Agree That Such Placement Is Appropriate, There Is An Intervention Assessment That Determines That There Is An Imminent Threat Or The Likelihood Of Serious Misconduct, Or There Is A Hearing By The District Within Ten Days, Or If The Child Has A Disability Under The Individuals With Disabilities Education Act Then The District Must Hold A Team Meeting To Determine The Most Appropriate Educational Placement; And To Repeal Sections 63-19-2420 And 63-19-2430 Relating To The Offenses Of Unlawful Loitering In A Billiard Room And The Unlawful Playing Of Pinball.

Last Action: Referred to Subcommittee: Malloy (ch), Hutto, Shealy, Goldfinch, Senn

Last Action Date: January 17, 2020

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