Reference is to Printer's Date 4/24/13-S.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 23-3-115(B) of the 1976 Code, as last amended by Act 353 of 2008, is further amended to read:
"(B) The fee
allowed in subsection (A) is fixed at eight dollars if the
criminal record search is conducted for a charitable
organization, a bona fide mentor, or for the use of a charitable
organization. An organization that is authorized to receive
the reduced fee shall not charge the volunteer, mentor, member,
or employee more than eight dollars or any additional fee that
is not required by the State Law Enforcement Division. All
criminal record searches conducted pursuant to this subsection
must be for a volunteer, mentor, member, or employee performing
in an official capacity of the organization and must not be
resold. The division shall develop forms on which a mentor
or charitable organization shall certify that the criminal
record search is conducted for the use and benefit of the
charitable organization or mentor. For purposes of this
subsection, the phrase 'charitable organization' means:
(1) an organization which has been determined to be exempt from taxation under Section 501(c)(3) of the United States Internal Revenue Code of 1986, as amended;
(2) a bona fide church, including an institution such as a synagogue or mosque;
(3) an organization which has filed a statement of registration or exemption under the Solicitation of Charitable Funds Act, Chapter 56, Title 33; or
(4) local parks and recreation volunteers through a commission
county, or the South Carolina Department of Parks, Recreation
SECTION 2. Section 30-2-50 of the 1976 Code is amended to read:
(A) A person or private entity shall
not knowingly obtain or use any personal information obtained
from a state or local agency for commercial solicitation
directed to any person in this State.
(B) Each state agency shall provide a notice to all requestors of records pursuant to this chapter and to all persons who obtain records pursuant to this chapter that obtaining or using public records for commercial solicitation directed to any person in this State is prohibited.
(C) All state and local agencies shall take reasonable measures to ensure that no person or private entity obtains or distributes personal information obtained from a public record for commercial solicitation.
(D) A person knowingly violating the provisions of subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined an amount not to exceed five hundred dollars or imprisoned for a term not to exceed one year, or both.
(E) This chapter
does not apply to a local governmental entity of a subdivision
of this state or local government."
SECTION 3. Section 17-1-40 of the 1976 Code, as last amended by Act 75 of 2013, is further amended to read:
(A)(1) A person who after being charged with a criminal
offense and the charge is discharged, proceedings against the
person are dismissed, or the person is found not guilty of the
charge, the arrest and booking record, files, mug shots, and
fingerprints of the person must be destroyed and no evidence of
the record pertaining to the charge may be retained by any
municipal, county, or state law enforcement agency. Provided,
however, that local and state detention and correctional
facilities may retain booking records, identifying documentation
and materials, and other institutional reports and files under
seal, on all persons who have been processed, detained, or
incarcerated, for a period not to exceed three years from the
date of the expungement order to manage their statistical and
professional information needs and, where necessary, to defend
such facilities during litigation proceedings except when an
action, complaint, or inquiry has been initiated. Information
retained by a local or state detention or correctional facility
as permitted under this section after an expungement order has
been issued is not a public document and is exempt from
disclosure. Such information only may be disclosed by judicial
order, pursuant to a subpoena filed in a civil action, or as
needed during litigation proceedings. A person who otherwise
intentionally retains the arrest and booking record, files, mug
shots, fingerprints, or any evidence of the record pertaining to
a charge discharged or dismissed pursuant to this section is
guilty of contempt of court.
(2) If a person has been issued a courtesy summons pursuant to Section 22-3-330 or another provision of law and the charge for which the courtesy summons was issued is discharged, proceedings against the person are dismissed, or the person is found not guilty of the charge, the arrest and booking record, files, mug shots, and fingerprints of the person must be destroyed and no evidence of the record pertaining to the charge may be retained by any municipal, county, or state law enforcement agency in accordance with the provisions of item (1).
In addition, a person who violates the provisions of this item is subject to the same penalty as provided in item (1).
(B) A municipal, county, or state agency may not collect a fee for the destruction of records pursuant to the provisions of this section.
(C) This section does not apply to a person who is charged with a violation of Title 50, Title 56, an enactment pursuant to the authority of counties and municipalities provided in Titles 4 and 5, or any other state criminal offense if the person is not fingerprinted for the violation.
(D) If a charge enumerated in subsection (C) is discharged, proceedings against the person are dismissed, or the person is found not guilty of the charge, the charge must be removed from any Internet-based public record no later than thirty days from the disposition date.
(E) The State Law Enforcement Division is authorized to promulgate regulations that allow for the electronic transmission of information pursuant to this section.
(F)(1) A person or entity who publishes on the person or entity's website the arrest and booking records, including mug shots, of a person who is arrested and booked in South Carolina is deemed to be transacting business in South Carolina.
(2) Except as provided in item (3), within thirty days of the sending of a written request by a person described in subsection (A), including the person's name, date of birth, date of arrest, and the name of the arresting law enforcement agency, a person or entity shall, without fee or compensation, remove from the person or entity's website any arrest and booking records, including mug shots, of the person described in subsection (A).
(3) If the original charge against the person described in subsection (A) is discharged or dismissed as a result of the person pleading to a lesser offense, the person or entity who publishes the website is not required to remove the records; however, the person or entity shall change any published information to reflect the lesser offense instead of the original charge.
(4) The written request must be sent via certified mail, return receipt requested, to the registered agent, principal place of business, or primary residence of the person or entity who publishes the website.
(5) A person or entity who publishes a website and violates this subsection is guilty of a misdemeanor, and, upon conviction, must be fined not more than five hundred dollars or be imprisoned not more than thirty days, or both.
(6) A person described in subsection (A) may file a civil cause of action against a person or entity who publishes a website and violates this subsection."
SECTION 4. The provisions of this act are severable. If any section, subsection, paragraph, subparagraph, item, subitem, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of the act, the General Assembly hereby declaring that it would have passed each and every section, subsection, paragraph, subparagraph, item, subitem, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, items, subitems, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 5. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.