H 4002 Session 110 (1993-1994)
H 4002 General Bill, By T.F. Rogers
A Bill to amend Title 23, Chapter 3, Code of Laws of South Carolina, 1976, by
adding Article 7 so as to create a central registry for persons convicted of
sex related crimes and kidnapping, and to provide for information in the
registry, law enforcement responsibility, and persons who must be registered.
04/14/93 House Introduced and read first time HJ-26
04/14/93 House Referred to Committee on Judiciary HJ-26
A BILL
TO AMEND TITLE 23, CHAPTER 3, CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING ARTICLE 7 SO AS TO CREATE A
CENTRAL REGISTRY FOR PERSONS CONVICTED OF SEX
RELATED CRIMES AND KIDNAPPING, AND TO PROVIDE FOR
INFORMATION IN THE REGISTRY, LAW ENFORCEMENT
RESPONSIBILITY, AND PERSONS WHO MUST BE REGISTERED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 3 of Title 23 of the 1976 Code is amended by
adding:
"Article 7
Central Registry of Certain Offenders
Section 23-3-400. There is created a central registry of information
on persons convicted of sex related offenses and kidnapping. The
purpose of the registry is to assist in investigating sex related crimes and
in apprehending offenders.
Section 23-3-410. The registry is under the direction of the Chief of
the State Law Enforcement Division and may be organized and
structured in a manner as the chief considers appropriate to ensure the
availability of information regarding the location of persons convicted
of certain offenses. SLED shall develop and operate the registry to
collect, analyze, and maintain information, to make information
available to law enforcement agencies in this State and in other states,
and to establish a security system to ensure that only authorized
personnel may gain access to information gathered under this article.
Section 23-3-420. The chief shall promulgate regulations
prescribing:
(1) procedures for accepting and disseminating information
maintained;
(2) the confidentiality of the data and information maintained in the
registry;
(3) the proper disposition of all obsolete data;
(4) forms necessary for the efficient and proper operation of the
registry.
Section 23-3-430. The following persons are required to be
registered:
(1) an adult or juvenile residing in the State who has been convicted
or adjudicated of a sex offense or any lesser included offense. Sex
offenses include:
(a) criminal sexual conduct, any degree;
(b) lewd act upon a minor;
(c) indecent exposure;
(d) peeping tom;
(e) sodomy;
(f) obscenity;
(g) all offenses relating to child pornography;
(h) use of children for prostitution;
(i) criminal child enticement;
(j) child exploitation;
(k) aggravated assault and battery; and
(l) any attempt of these offenses;
(2) a person residing in the State who has been convicted of a crime
upon a child sixteen years of age or under. Crimes upon a child sixteen
years of age or under include:
(a) those defined under the South Carolina Children's Code of
Laws, with the exception of Sections 20-7-40 and 20-7-90;
(b) all violent crimes named under the Omnibus Crime Bill;
(c) aggravated assault and battery; and
(d) homicide by child abuse;
(3) an adult or juvenile who has been convicted or adjudicated of
kidnapping.
Section 23-3-440. (A) Before an offender is released from the
Department of Corrections for completion of the term of imprisonment
or on parole, the Department of Corrections or the Department of
Probation, Parole and Pardon Services, as applicable, shall notify the
sheriff of the county where the offender intends to reside and SLED that
the offender is being released and has provided an address within the
jurisdiction of the sheriff for that county. The Department of
Corrections also shall provide verbal and written notification to the
offender that he must register with the sheriff of the county in which he
intends to reside within twenty-four hours of his release.
(B) The Department of Probation, Parole and Pardon Services shall
notify SLED and the sheriff of the county where an offender is residing
when the offender is sentenced to probation or is a new resident of the
State who must be supervised by the department. The Department of
Probation, Parole and Pardon Services also shall provide verbal and
written notification to the offender that he must register with the sheriff
of the county in which he intends to reside. An offender who is on
probation must register within ten days. An offender who moves to or
returns to the State must register within twenty-four hours of moving
into the State.
(C) The Department of Youth Services must notify SLED and the
sheriff of the county where an offender is residing when the offender is
released from a Department of Youth Services' facility or when the
Department of Youth Services is required to supervise the actions of the
juvenile. The Department of Youth Services must provide verbal and
written notification to the juvenile and his parent, legal guardian, or
custodian that the juvenile must register with the sheriff of the county in
which the juvenile resides. The juvenile must register within
twenty-four hours of his release or within ten days if he was not
confined to a Department of Youth Services' facility.
Section 23-3-450. The offender shall register with the sheriff of the
county in which he resides. To register, the offender must complete the
form required by SLED, be photographed and fingerprinted, and provide
other information required by SLED for the registry. At a minimum the
form must contain the name, address, physical description, social
security number, aliases, date and place of birth, and employment. Upon
completion of the form, the sheriff shall send the original and the
fingerprints to SLED. A copy of the form, the photograph, and the
fingerprints must be kept by the sheriff's department.
Section 23-3-460. An offender must reregister annually and by
completing the form required by SLED, but does not have to be
photographed or fingerprinted. The offender shall register at the sheriff's
department in the county where he resides. If the offender changes his
residence within the county, he shall notify the sheriff's department of
the change in address within ten days. If the offender moves outside of
the county in which he originally registered, he must register at the
sheriff's department of the county of his new residence and notify the
sheriff's department of the county of his old residence, both within ten
days of changing residence.
Section 23-3-470. It is the duty of the offender to contact the sheriff
in order to register. The failure of an offender to register as required by
this article is a misdemeanor and, upon conviction, the person must be:
(1) fined not more than one thousand dollars or imprisoned not
more than ninety days for a first and second offense;
(2) fined not more than one thousand dollars or imprisoned for a
mandatory minimum term of one year, but not more than three years for
a third or subsequent offense. No part of the mandatory minimum term
of one year imprisonment may be suspended.
Section 23-3-480. An arrest or charges of failure to register, service
of an information, or a complaint for failure to register, or arraignment
on charges of failure to register, constitutes actual notice of the duty to
register. A person charged with the crime of failure to register who
asserts as a defense the lack of notice of the duty to register shall register
immediately following actual notice through arrest, service, or
arraignment.
Failure to register after notice as required by this section constitutes
grounds for filing another charge of failure to register. Registering
following arrest, service, or arraignment on charges does not relieve the
offender from criminal disability for failure to register before the filing
of the original charge.
Section 23-3-490. The following may make inquiries of, and receive
date or information from the registry:
(1) a police, law enforcement, or criminal justice agency
investigating a report of a criminal activity;
(2) a court, upon a finding by the court that access to the date,
information, or records of the registry may be necessary for the
determination of an issue before the court;
(3) a solicitor or a judicial circuit in this State or the solicitor's
designee or representative.
Public inspection of registration data is prohibited. The registry is not
open to inspection by the public."
SECTION 2. This act takes effect upon approval by the Governor.
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