2009-2010 Bill 48: Sagging Pants - South Carolina Legislature Online

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2009-2010 Bill 48: Sagging Pants - South Carolina Legislature Online

1 South Carolina General Assembly 2 118th Session, 2009-2010 3 4 S. 48 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Senators Ford and Elliott 10 Document Path: l:\s-res\rf\004sagg.kmm.rf.docx 11 12 Introduced in the Senate on January 13, 2009 13 Currently residing in the Senate Committee on Judiciary 14 15 Summary: Sagging pants 16 17 18 HISTORY OF LEGISLATIVE ACTIONS 19 20 Date Body Action Description with journal page number 21 12/10/2008 Senate Prefiled 22 12/10/2008 Senate Referred to Committee on Judiciary 23 1/13/2009 Senate Introduced and read first time SJ95 24 1/13/2009 Senate Referred to Committee on Judiciary SJ95 25 26 27 VERSIONS OF THIS BILL 28 29 12/10/2008 30 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND CHAPTER 17, TITLE 16 OF THE 1976 CODE, 12 RELATING TO OFFENSES AGAINST PUBLIC POLICY, BY 13 ADDING SECTION 1617750 TO PROVIDE THAT IT IS 14 UNLAWFUL FOR A PERSON TO WEAR PANTS SAGGING 15 MORE THAN THREE INCHES BELOW HIS HIPS; TO 16 PROVIDE FOR PENALTIES FOR VIOLATIONS; TO 17 PROVIDE THAT A VIOLATION IS NOT GROUNDS FOR 18 DENYING, SUSPENDING, OR REVOKING THE 19 VIOLATOR’S PARTICIPATION IN A STATE COLLEGE OR 20 UNIVERSITY FINANCIAL ASSISTANCE PROGRAM; AND 21 TO PROVIDE FOR JURISDICTION TO HEAR A VIOLATION 22 IS VESTED EXCLUSIVELY IN THE MUNICIPAL COURT 23 AND THE MAGISTRATES COURT. 24 25 Be it enacted by the General Assembly of the State of South 26 Carolina: 27 28 SECTION 1. Chapter 17, Title 16 of the 1976 Code is amended 29 by adding: 30 31 “Section 1617750. (A) It shall be unlawful for any person to 32 appear in public wearing his pants more than three inches below 33 the crest of his ileum, exposing his skin or undergarments. 34 (B) A person who violates this section commits a noncriminal 35 offense and is subject to a civil fine of up to twenty five dollars for 36 a first offense, a civil fine of fifty dollars or not more than three 37 hours of community service, or both for a second offense, and a 38 civil fine of seventy five dollars or not more than six hours of 39 community service, or both for a third and subsequent offenses. 40 Civil fines imposed pursuant to this section are subject to all 41 applicable court costs, assessments, and surcharges.

[48] 2 1 (C) A violation of this section is not a criminal or delinquent 2 offense and no criminal or delinquent record may be maintained. 3 (D) A violation of this subsection is not grounds for denying, 4 suspending, or revoking an individual’s participation in a state 5 college or university financial assistance program including, but 6 not limited to, a Life Scholarship, a Palmetto Fellows Scholarship, 7 or a needbased grant. 8 (E) Jurisdiction to hear a violation of this section is vested 9 exclusively in the municipal court and the magistrate’s court. A 10 hearing pursuant to this section must be placed on the court’s 11 appropriate docket for traffic violations, and not on the court’s 12 docket for civil matters.” 13 14 SECTION 2. This act takes effect upon approval by the 15 Governor. 16 XX

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