2001-2002 Bill 4712: Daycare Center Employee, Person Convicted of Financial Crime That

1 BIL: 4712 2 TYP: General Bill GB 3 INB: House 4 IND: 20020212 5 PSP: Easterday 6 SPO: Easterday 7 DDN: l:\council\bills\nbd\11212ac02.doc 8 RBY: Senate 9 COM: Judiciary Committee 11 SJ 10 LAD: 20020307 11 SUB: Daycare center employee, person convicted of financial crime that is not 12 a felony may be employed as 13 14 15 HST: 16 17 Body Date Action Description Com Leg Involved 18 ______19 Senate 20020312 Introduced, read first time, 11 SJ 20 referred to Committee 21 House 20020308 Read third time, sent to Senate 22 House 20020307 Amended, read second time, 23 unanimous consent for third reading 24 on Friday, 20020308 25 House 20020306 Committee report: Favorable with 25 HJ 26 amendment 27 House 20020212 Introduced, read first time, 25 HJ 28 referred to Committee 29 30 31 Versions of This Bill 32 33 34 Revised on 20020306 35 Revised on 20020307 36 Revised on 20020307-A 37 38 39 TXT: 1 Indicates Matter Stricken 2 Indicates New Matter 3 4 AMENDED 5 March 7, 2002 6 7 H. 4712 8 9 Introduced by Rep. Easterday 10 11 S. Printed 3/7/02--H. 12 Read the first time February 12, 2002. 13

1 [4712-1] 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND SECTION 20-7-2725, AS AMENDED, CODE OF 12 LAWS OF SOUTH CAROLINA, 1976, RELATING TO 13 PROHIBITING DAYCARE CENTERS FROM EMPLOYING 14 PERSONS WHO HAVE BEEN CONVICTED OF CERTAIN 15 CRIMES, SO AS TO PROVIDE THAT A PERSON 16 CONVICTED OF A FINANCIAL CRIME WHICH IS NOT A 17 FELONY IS NOT PROHIBITED FROM BEING HIRED AND 18 TO DEFINE “FINANCIAL CRIME”. 19 Amend Title To Conform 20 21 Be it enacted by the General Assembly of the State of South 22 Carolina: 23 24 SECTION 1. Section 20-7-2725(A) of the 1976 Code, as 25 amended by Act 221 of 2000, is amended to read: 26 27 “(A) No day care daycare center, group day care daycare 28 home, family day care daycare home, or church or religious day 29 care daycare center may employ a person or engage the services of 30 a caregiver who is required to register under the sex offender 31 registry act pursuant to Section 23-3-430 or who has been 32 convicted of: 33 (1) a crime listed in Chapter 3 of Title 16, Offenses Against 34 the Person; 35 (2) a crime listed in Chapter 15 of Title 16, Offenses Against 36 Morality and Decency; 37 (3) the crime of contributing to the delinquency of a minor, 38 contained in Section 16-17-490; 39 (4) the felonies classified in Section 16-1-10(A), except that 40 this prohibition does not apply to: 41 (a) the felony crimes of forgery, bank fraud, issuing 42 fraudulent checks, financial transaction card fraud, and shoplifting;

1 [4712] 1 1 (b) Section 56-5-2930, the Class F felony of driving under 2 the influence pursuant to Section 56-5-2940(4) if the conviction 3 occurred at least ten years prior to the application for employment 4 and the following conditions are met: 5 (a)(i) the person has not been convicted in this State or 6 any other state of an alcohol or drug violation during the previous 7 ten-year period; 8 (b)(ii) the person has not been convicted of and has no 9 charges pending in this State or any other state for a violation of 10 driving while his license is canceled, suspended, or revoked during 11 the previous ten-year period; and 12 (c)(iii) the person has completed successfully an alcohol 13 or drug assessment and treatment program provided by the South 14 Carolina Department of Alcohol and Other Drug Abuse Services 15 or an equivalent program designated by that agency. 16 A person who has been convicted of a first-offense violation of 17 Section 56-5-2930 must not drive a motor vehicle or provide 18 transportation while in the official course of his duties as an 19 employee of a daycare center, group daycare home, family daycare 20 home, or church or religious daycare center. 21 If the person subsequently is convicted of, receives a sentence 22 upon a plea of guilty or of nolo contendere, or forfeits bail posted 23 for a violation of Section 56-5-2930 or for a violation of another 24 law or ordinance of this State or any other state or of a 25 municipality of this State or any other state that prohibits a person 26 from operating a motor vehicle while under the influence of 27 intoxicating liquor, drugs, or narcotics, the person’s employment 28 must be terminated; 29 (5) the offenses enumerated in Section 16-1-10(D); or 30 (6) a criminal offense similar in nature to the crimes listed in 31 this subsection committed in other jurisdictions or under federal 32 law.” 33 34 SECTION 2. This act takes effect upon approval by the 35 Governor. 36 ----XX----

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