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Printed Page 3420, May 9
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| Rep. CATO explained the Bill.
The following Bill was taken up.
S. 1197 -- Senators Drummond and Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-845 SO AS TO REQUIRE NONRESIDENTS OWNING OR OPERATING SHAD NETS IN THE SAVANNAH RIVER TO BE LICENSED AND TO PROVIDE PENALTIES; TO AMEND CHAPTER 9, TITLE 50, AS AMENDED, RELATING TO HUNTING, FISHING, AND TRAPPING LICENSES, SO AS TO REVISE CURRENT LAW TO PROVIDE FOR A UNIFORM SYSTEM OF LICENSING FOR FRESHWATER FISHERIES AND WILDLIFE, TO PROVIDE FOR HUNTER EDUCATION PROGRAMS, AND TO PROVIDE FOR THE DISBURSAL OF REVENUE FROM LICENSES AND PERMITS; TO AMEND SECTION 50-11-2200, AS AMENDED, RELATING TO THE PROHIBITION ON HUNTING DEER ON WILDLIFE MANAGEMENT AREA LANDS, SO AS TO PROVIDE FOR A WILDLIFE MANAGEMENT AREA PROGRAM; TO AMEND SECTION 50-20-60, AS AMENDED, RELATING TO EXEMPTIONS FROM MARINE
Reps. SHARPE and WITHERSPOON proposed the following Amendment No. 1 (Doc Name P:\amend\GJK\22832SD.96).
Amend the bill, as and if amended, by striking SECTION 3 on page 33 and inserting:
/SECTION 3. Section 50-20-60 of the 1976 Code, as last amended by Section 1268, Act 181 of 1993, is amended to read:
"Section 50-20-60. The following are exempt from purchasing the stamp:
(1) fishermen using a hook and line from the shore or a shore-based structure;
(2) fishermen fishing from a charter fishing vessel with a valid charter fishing permit or from a public fishing pier with a valid public fishing pier permit;
(3) members of the United States Armed Forces who are residents of South Carolina stationed outside this State upon presentation of official furlough or leave papers;
(4) persons exempted under Article 9 7, Chapter 9 of Title 50."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. SHARPE explained the amendment.
Rep. KNOTTS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up, read the second time, and ordered to a third reading:
S. 1266 -- Senator Gregory: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO PROHIBIT THE DEPARTMENT OF NATURAL RESOURCES FROM PROVIDING A BREAK IN THE SEASON ON PRIVATE LANDS IN GAME ZONE 4.
Rep. SHARPE explained the Bill.
On motion of Rep. HODGES, with unanimous consent, it was ordered that S. 1266 be read the third time tomorrow.
Rep. MARTIN moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
H. 3300 -- Reps. Limehouse, Fleming, Allison, G. Brown, J. Brown, Cain, Chamblee, Cotty, Davenport, Delleney, Easterday, Fair, Felder, Fulmer, Hallman, Harrell, Harrison, Haskins, Herdklotz, Hodges, Huff, Hutson, Kinon, Knotts, Koon, Lanford, Limbaugh, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McCraw, McElveen, McKay, McTeer, Phillips, Rice, Robinson, Sandifer, Sharpe, Shissias, D. Smith, Stoddard, Tripp, Trotter, Vaughn, Wells, Whatley, Wilder, Wright, A. Young, Cobb-Hunter, Baxley, Kelley, Keyserling, Govan, Inabinett, H. Brown, Witherspoon, Simrill, Keegan, Townsend, Kennedy, Jaskwhich, Stuart, L. Whipper, Stille, Byrd, Meacham, Law, Riser, Dantzler, Richardson, J. Young, Seithel and Bailey: A BILL TO AMEND SECTIONS 23-3-400, 23-3-420, AND 23-3-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SEX OFFENDER REGISTRY, SO AS TO PROVIDE FOR PUBLIC NOTIFICATION WHEN A SEX OFFENDER RESIDES OR INTENDS TO RESIDE IN A COMMUNITY, AND REQUIRE THE SHERIFF OF THE COUNTY WHERE THE OFFENDER INTENDS TO RESIDE OR IS RESIDING TO RELEASE THIS INFORMATION TO THE PUBLIC; AND TO REPEAL SECTION 23-3-490 RELATING TO THE CONFIDENTIALITY OF INFORMATION CONTAINED IN THE SEX OFFENDER REGISTRY.
Those who voted in the affirmative are:
Allison Anderson Baxley Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Cato Cave Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Haskins Hines, J. Hodges Howard Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kinon Kirsh Klauber Knotts Koon Lanford Lee Limehouse Littlejohn Lloyd Loftis Marchbanks Martin Mason McCraw McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Rice Riser Robinson Rogers Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, R. Spearman Stille Townsend Tripp Vaughn Waldrop Walker Wells Whatley Whipper, L. Whipper, S. Wilder Wilkins Williams Witherspoon Wofford Worley Wright Young Young-Brickell
Those who voted in the negative are:
The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. LIMEHOUSE, KNOTTS and MARTIN to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 3300 -- Reps. Limehouse, Fleming, Allison, G. Brown, J. Brown, Cain, Chamblee, Cotty, Davenport,
Delleney, Easterday, Fair, Felder, Fulmer, Hallman, Harrell, Harrison, Haskins, Herdklotz, Hodges,
Huff, Hutson, Kinon, Knotts, Koon, Lanford, Limbaugh, Littlejohn, Lloyd, Marchbanks, Martin, Mason,
McCraw, McElveen, McKay, McTeer, Phillips, Rice, Robinson, Sandifer, Sharpe, Shissias, D. Smith,
Stoddard, Tripp, Trotter, Vaughn, Wells, Whatley, Wilder, Wright, A. Young, Cobb-Hunter, Baxley,
Kelley, Keyserling, Govan, Inabinett, H. Brown, Witherspoon, Simrill, Keegan, Townsend, Kennedy,
Jaskwhich, Stuart, L. Whipper, Stille, Byrd, Meacham, Law, Riser, Dantzler, Richardson, J. Young,
Seithel and Bailey: A BILL TO AMEND SECTIONS 23-3-400, 23-3-420, AND 23-3-440, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SEX OFFENDER REGISTRY, SO AS TO
PROVIDE FOR PUBLIC NOTIFICATION WHEN A SEX OFFENDER RESIDES OR INTENDS TO
RESIDE IN A COMMUNITY, AND REQUIRE THE SHERIFF OF THE COUNTY WHERE THE
OFFENDER INTENDS TO RESIDE OR IS RESIDING TO RELEASE THIS INFORMATION TO THE
PUBLIC; AND TO REPEAL SECTION 23-3-490 RELATING TO THE CONFIDENTIALITY OF
INFORMATION CONTAINED IN THE SEX OFFENDER REGISTRY.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Article 7, Chapter 3, Title 23 of the 1976 Code, as added by Act 497 of 1994, is amended to read:
Section 23-3-400. The intent of this article is to promote the state's fundamental right to provide for public health, welfare, and safety of its citizens. Notwithstanding this legitimate state purpose, these provisions are not intended to violate the guaranteed constitutional rights of those who have violated our nation's laws.
The sex offender registry will provide law enforcement with the tools needed in investigating criminal offenses. Statistics show that sex offenders often pose a high risk of re-offending. Additionally, law enforcement's efforts to protect communities, conduct investigations, and apprehend offenders who commit sex offenses, are impaired by the lack of information about these convicted offenders who live within the law enforcement agency's jurisdiction.
Section 23-3-410. The registry is under the direction of the chief of the State Law Enforcement Division (SLED) and may be organized and structured in a manner as shall contain information the chief considers appropriate to ensure the availability of information regarding necessary to assist law enforcement in 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 every enforcement agency in this State and in other states, and to establish a security system to ensure that only authorized personnel persons may gain access to information gathered under this article.
Section 23-3-420. The State Law Enforcement Division 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 to implement the provisions of this article.
Section 23-3-430. (A) Any person, regardless of age, residing in the State of South Carolina who has been convicted, adjudicated delinquent, pled guilty or nolo contendere in this State, of an offense described below or who has been convicted, adjudicated delinquent, pled guilty or nolo contendere in any comparable court in the United States, or who has been convicted, adjudicated delinquent, pled guilty or nolo contendere in the United States federal courts, of the offenses described below or of a similar offenses in other jurisdictions offense, or who has been convicted
(B) For purposes of this article, a person who remains in this State for a total of thirty days during a twelve-month period is a resident of this State.
(C) For purposes of this article, a person convicted of any of these the following offenses shall be referred to as an offender.:
(1) criminal sexual conduct in the first degree (Section 16-3-652);
(2) criminal sexual conduct in the second degree (Section 16-3-653);
(3) criminal sexual conduct in the third degree (Section 16-3-654);
(4) criminal sexual conduct with minors, first degree (Section 16-3-655(1));
(5) criminal sexual conduct with minors, second degree (Section 16-3-655(2) and (3));
(5)(6) engaging a child for sexual performance (Section 16-3-810);
(6)(7) producing, directing, or promoting sexual performance by a child (Section 16-3-820);
(7)(8) criminal sexual conduct: assaults with intent to commit (Section 16-3-656);
(8)(9) kidnapping (Section 16-3-910);
(9)(10) incest (Section 16-15-20);
(10)(11) buggery (Section 16-15-120);
(11) indecent exposure (Section 16-15-130);
(12) committing or attempting lewd act upon child under fourteen (Section 16-15-140);
(13) eavesdropping or peeping (Section 16-17-470);
(14) conspiracy to kidnap (Section 16-3-920);
(15)(14) violations of Article 3, Chapter 15 of Title 16 involving a minor which violations are felonies.;
(16)(15) indecent exposure if a person, regardless of age, has been convicted, adjudicated delinquent, pled guilty or nolo contendere in this State, or has been convicted, adjudicated delinquent, pled guilty or nolo contendere in a comparable court in the United States, or has been convicted, adjudicated delinquent, pled guilty or nolo contendere in the United States federal courts of indecent exposure or of a similar offense in other jurisdictions and the court makes a specific finding on the record that based on the circumstances of the case the convicted person should register as a sex offender.
Section 23-3-440. (1) Prior to an offender's release from the Department of Corrections after completion of the term of imprisonment, or being placed 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 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. Further, the Department of Corrections shall obtain descriptive information of the offender, including a current photograph prior to release.
(2) 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 sentenced to probation must register within ten days of sentencing. Further, the Department of Probation, Parole and Pardon Services shall obtain descriptive information of the offender, including a current photograph that is to be updated annually prior to expiration of the probation sentence.
(3) The Department of Juvenile Justice shall notify SLED and the sheriff of the county where an offender is residing when the offender is released from a Department of Juvenile Justice facility or when the Department of Juvenile Justice is required to supervise the actions of the juvenile. The Department of Juvenile Justice 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 Juvenile Justice's facility.
(4) The Department of Corrections, the Department of Probation, Parole and Pardon Services, and the Department of Juvenile Justice shall provide to SLED the initial registry information regarding the offender
Section 23-3-450. The offender shall register with the sheriff of the county in which he resides. To register, the offender must provide information as prescribed by the SLED. The county sheriff shall then forward to SLED the registry information and any updated information regarding the offender. A copy of this information must be kept by the sheriff's department. The county sheriff shall ensure that all information required by SLED is secured and shall establish specific times of the day during which an offender may register. An offender shall not be considered to have registered until all information prescribed by SLED has been obtained.
Section 23-3-460. Any person required to register under this article shall be required to register annually for a period of life. The offender shall register at the sheriff's department in the county where he resides.
If any person required to register under this article changes his address within the same county, that person must send written notice of the change of address to the county sheriff within ten days of establishing the new residence.
If any person required to register under this article changes his address into another county in South Carolina, the person must register with the county sheriff in the new county within ten days of establishing the new residence. The person must also provide written notice within ten days of the change of address in the previous county to the county sheriff with whom the person last registered.
If any person required to register under this article moves outside of South Carolina, the person must provide written notice within ten days of the change of address to a new state to the county sheriff with whom the person last registered.
If any Any person required to register under this article who moves to South Carolina from another state and is not under the jurisdiction of the State Department of Corrections, the State Department of Probation, and Parole, and Pardon Services, or the Department of Juvenile Justice at the time of moving to South Carolina, must register within sixty days of establishing residence, or re-establishing residence, if the person is a former South Carolina resident in this State.
The South Carolina Department of Motor Vehicles Public Safety, Division of Motor Vehicles, shall inform, in writing to, any new resident who applies for a drivers driver's license, a chauffeur's license, vehicle
Section 23-3-470. (A) It is the duty of the offender to contact the sheriff in order to register. The failure of If an offender fails to register as required by this article, is a felony and, upon conviction, the offender he must be: punished as provided in subsection (B).
(1) fined one thousand dollars and sentenced to a mandatory ninety days in jail for a first or second offense. In no event does the court have the power to absolve a person who willfully violates this section; and
(2) sentenced to a mandatory one year not to exceed five years imprisonment and may be fined one thousand dollars for a third or subsequent offense. In no event does the court have the power to absolve a person who willfully violates this section from the obligation of serving at least one year of imprisonment.
(B)(1) A person convicted for a first offense is guilty of a misdemeanor and must be imprisoned for a mandatory period of ninety days, no part of which shall be suspended nor probation granted.
(2) A person convicted for a second offense is guilty of a misdemeanor and must be imprisoned for a mandatory period of one year, no part of which shall be suspended nor probation granted.
(3) A person convicted for a third or subsequent offense is guilty of a felony and must be imprisoned for a mandatory period of five years, three years of which shall not be suspended nor probation granted.
Section 23-3-475. (A) Anyone who knowingly and wilfully gives false information when registering as an offender pursuant to this article must be punished as provided in subsection (B).
(B)(1) A person convicted for a first offense is guilty of a misdemeanor and must be imprisoned for a mandatory period of ninety days, no part of which shall be suspended nor probation granted.
(2) A person convicted for a second offense is guilty of a misdemeanor and must be imprisoned for a mandatory period of one year, no part of which shall be suspended nor probation granted.
(3) A person convicted for a third or subsequent offense is guilty of a felony and must be imprisoned for a mandatory period of five years, three years of which shall not be suspended nor probation granted.
Section 23-3-480. (A) An arrest on 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
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