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Bill 4288

                    Current Status

Bill Number:                      4288
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20000111
Primary Sponsor:                  Sheheen
All Sponsors:                     Sheheen, Stuart, Bales, Kirsh, Gamble
Drafted Document Number:          l:\council\bills\nbd\11547ac00.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Juvenile criminal records, open to public 
                                  when if committed by adult would be imprisoned 
                                  for year; Minors, Courts


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20000111  Introduced, read first time,           25 HJ
                  referred to Committee
House   19991110  Prefiled, referred to Committee        25 HJ


                             Versions of This Bill

TO AMEND SECTION 20-7-8510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISCLOSURE AND CONFIDENTIALITY OF JUVENILE RECORDS, SO AS TO PROVIDE THAT SUCH RECORDS ARE OPEN TO PUBLIC INSPECTION IF THE JUVENILE HAS BEEN ADJUDICATED DELINQUENT FOR AN OFFENSE WHICH IF COMMITTED BY AN ADULT COULD SUBJECT THE OFFENDER TO IMPRISONMENT FOR MORE THAN ONE YEAR.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 20-7-8510(A) of the 1976 Code, as added by Act 383 of 1996, is amended to read:

"(A) The court shall make and keep records of all cases brought before it and shall devise and cause to be printed forms for social and legal records and other papers as may be required. The official juvenile records of the courts and the Department of Juvenile Justice are open to inspection only by consent of the judge to persons having a legitimate interest but always must be available to the legal counsel of the juvenile. Except as otherwise provided in subsection (B) for in this section, all information obtained and social records prepared in the discharge of official duty by an employee of the court or Department of Juvenile Justice are confidential and must not be disclosed directly or indirectly to anyone, other than the judge or others entitled under this article to receive this information, unless otherwise ordered by the judge. However, these records are open to inspection without the consent of the judge:

(1) by legal counsel of the juvenile;

(2) where the records are necessary to defend against an action initiated by a juvenile;

(3) by the public if the juvenile has been adjudicated delinquent for committing an offense which if committed by an adult could subject the offender to imprisonment for more than one year.

SECTION 2. This act takes effect upon approval by the Governor.

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