Printed Page 4450, May 29
| Printed Page 4470, May 29
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Printed Page 4450, May 29
| Printed Page 4470, May 29
| 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. The division shall consult with the South Carolina Public Safety Coordinating Council prior to the promulgation of the regulations.
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 of, adjudicated delinquent of, pled guilty or nolo contendere to an offense for which the person was required to register in the state where the
(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. If evidence is presented at the criminal proceeding and the court makes a specific finding on the record that the conviction obtained for this offense resulted from consensual sexual conduct, as contained in Section 16-3-655(3), or consensual sexual conduct between persons under the age of sixteen, the convicted person is not an offender and is not required to register pursuant to the provisions of this article;
(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.
(15) A person, regardless of age, who has been convicted, pled guilty or nolo contendere in this State, or who has been convicted, pled guilty or nolo contendere in a comparable court in the United States, or who has been convicted, pled guilty or nolo contendere in the United States federal courts of indecent exposure or of a similar offense in other jurisdictions is required to register pursuant to the provisions of this article if the court
(D) Upon conviction, adjudication of delinquency, guilty plea or plea of nolo contendere of a person of an offense not listed in this article, the presiding judge may order as a condition of sentencing that the person be included in the sex offender registry if good cause is shown by the solicitor.
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.
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.
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
(B) Section 23-3-470 shall not apply to a person convicted of an offense provided in Section 23-3-420 prior to July 1, 1994, and who was released from custody prior to July 1, 1994, unless the person has been served notice of the duty to register by the sheriff of the county in which the person resides. This person shall register within ten days of the notification of the duty to register.
Section 23-3-490. (A) Information collected for the offender registry is shall not be open to public inspection, upon request to the county sheriff by the public. A sheriff must release information regarding a specific person who is required to register under this article to a member of the public if the request is made in writing, stating the name of the person requesting the information, and the name or address of the person about whom the information is sought. The information must be disclosed only to the person making the request. The sheriff must provide the person making the request with the full name of the offender, any aliases, the date of birth, a current home address, the offense for which the offender was required to register pursuant to Section 23-3-430, and the date, city, and state of conviction. A photocopy of a current photograph must also be provided. The provisions of this article do not authorize SLED to release information to the public unless a request is made in writing stating the name of the person making the request and the name of the person about whom information is sought. SLED is only authorized to release to the public the name of the county in which the offender is registered. Otherwise, SLED is not authorized to release any information contained in the registry to anyone other than shall be made available only to law enforcement agencies, investigative agencies, and those agencies authorized by the court.
(B) Nothing in subsection (A) prohibits a sheriff from disseminating information contained in that subsection regarding a specific person who is required to register under this article if the sheriff or another law enforcement officer is presented with facts giving rise to a reasonable suspicion of criminal activity and has reason to believe the release of this information will deter the criminal activity.
SECTION_______. If any provision of this act or the application thereof to any person is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application and to this end the provisions of this act are severable./
Renumber sections to conform.
Amend totals and title to conform.
Rep. LIMBAUGH explained the amendment.
Rep. MARTIN raised the Point of Order that Amendment No. 1 was out of order as it was not germane.
Rep. LIMBAUGH argued contra the Point in stating that the Bill related to the Public Safety Coordinating Council and both the Bill and the amendment had the substantial effect of assisting law enforcement in sharing information and prevention of crime.
Rep. MARTIN stated that it dealt with separate Chapters in Title 23 and that the Bill only dealt with the expansion of the members seated on the Council. He further stated that the amendment dealt with legislation concerning the posting of sex offenders.
Rep. SHEHEEN stated that the Bill only dealt with adding a victim's representative to the Council.
The SPEAKER stated it was not germane and he sustained the Point of Order and ruled the amendment out of order.
The Bill was read the second time and ordered to third reading.
Rep. BAILEY asked unanimous consent to recall S. 66 from the Committee on Ways and Means.
Rep. SCOTT objected.
Rep. WALKER asked unanimous consent to recall H. 3263 from the Committee on Ways and Means.
Rep. H. BROWN objected.
Rep. LIMBAUGH asked unanimous consent to recall S. 1047 from the Committee on Judiciary.
Rep. SCOTT objected.
Rep. SIMRILL asked unanimous consent to recall S. 604 from the Committee on Labor, Commerce and Industry.
Rep. TROTTER objected.
Rep. D. SMITH asked unanimous consent to recall S. 265 from the Committee on Judiciary.
Rep. HOWARD objected.
Rep. MOODY-LAWRENCE asked unanimous consent to recall H. 4050 from the Committee on Ways and Means.
Rep. MARCHBANKS objected.
Rep. VAUGHN asked unanimous consent to recall S. 1309 from the Committee on Ways and Means.
Rep. HALLMAN objected.
Rep. McELVEEN asked unanimous consent to recall S. 1037 from the Committee on Judiciary.
Rep. FULMER objected.
The veto on the following Act was taken up.
H. 4159 -- Ways and Means Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-3495 SO AS TO LIMIT THE DISTRIBUTION OF PROFITS DERIVED FROM THE GAME OF BINGO.
Rep. KIRSH moved to adjourn debate upon the veto until Thursday, May 30, which was adopted.
The Senate amendments to the following Bill were taken up for consideration.
H. 3446 -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-45-70 SO AS TO PROVIDE REQUIREMENTS FOR THE LOCATION OF AGRICULTURAL FACILITIES AND AGRICULTURAL WASTE DISPOSAL AREAS; TO AMEND SECTION 46-45-30, AS AMENDED, RELATING TO THE CIRCUMSTANCES UNDER WHICH AGRICULTURAL FACILITIES AND OPERATIONS ARE NOT NUISANCES, SO AS TO DELETE THE REQUIREMENT THAT THE FACILITY OR OPERATION MUST BE IN OPERATION FOR ONE YEAR OR MORE; AND TO AMEND SECTION 46-45-60, AS AMENDED, RELATING TO LOCAL ORDINANCES PERTAINING TO AGRICULTURAL FACILITIES AND OPERATIONS, SO AS TO PROVIDE FOR THE CONDITIONS UNDER WHICH RELATED PERMITS MUST NOT BE SUSPENDED, DENIED, OR REVOKED.
Rep. MEACHAM proposed the following Amendment No. 3A (Doc Name P:\amend\PFM\9453AC.96).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Title 47 of the 1976 Code is amended by adding:
Section 47-20-10. As used in this chapter:
(1) `Agricultural facility' means a lot, building, or structure which is used for the commercial production of swine in an animal feeding operation.
(2) `Animal' means a domesticated animal belonging to the porcine species.
(3) `Animal feeding operation' means an agricultural facility where animals are confined and fed or maintained for a total of forty-five days or more in a twelve-month period and crops, vegetative, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility. Structures used for the storage of animal waste from animals in the operation also are part of the animal feeding operation. Two or more animal feeding operations under common ownership or management are considered to be a single animal feeding
(4) `Animal waste' means animal excreta or other commonly associated organic animal wastes including, but not limited to, bedding, litter, feed losses, or water mixed with the waste.
(5) `Annual pollutant loading rate' means the maximum amount of a pollutant that can be applied to a unit area of a waste utilization area during a three hundred sixty-five-day period.
(6) `Cumulative pollutant loading rate' means the maximum amount of a pollutant that can be applied to an area of land.
(7) `Department' means the South Carolina Department of Health and Environmental Control.
(8) `Ephemeral stream' means a stream that flows only in direct response to rainfall or snowmelt in which discrete periods of flow persist no more than twenty-nine consecutive days per event.
(9) `Intermittent stream' means a stream that generally has a defined natural water course which does not flow year-round but flows beyond periods of rainfall or snowmelt.
(10) `Lagoon' means an impoundment used in conjunction with an animal feeding operation, the primary function of which is to store or stabilize, or both, organic wastes, wastewater, and contaminated runoff.
(11) `Vector' means a carrier that is capable of transmitting a pathogen from one organism to another including, but not limited to, flies and other insects, rodents, birds, and vermin.
(12) `Waste storage pond' means a structure used for impounding or storing manure, wastewater, and contaminated runoff as a component of an agricultural waste management system. Waste is stored for a specified period of time, one year or less, and then the pond is emptied.
(13) `Waste Utilization area' means land on which animal waste is spread as a fertilizer.
(14) `Watershed' means a drainage area contributing to a river, lake, or stream.
(15) `Waters of the State' means lakes, bays, sounds, ponds, impounding reservoirs, springs, artesian wells, rivers, perennial and navigable streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial limits of the State, and all other bodies of water, natural or artificial, public or private, inland or coastal, fresh or salt, which are wholly or partially within or bordering the State or within its jurisdiction. This definition does not include ephemeral or intermittent streams. This definition includes wetlands as defined in this section.
Printed Page 4450, May 29
| Printed Page 4470, May 29
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