South Carolina General Assembly
116th Session, 2005-2006

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Indicates Matter Stricken
Indicates New Matter

H. 3954

STATUS INFORMATION

General Bill
Sponsors: Reps. Jennings and G.M. Smith
Document Path: l:\council\bills\ms\7430ahb05.doc

Introduced in the House on April 19, 2005
Currently residing in the House Committee on Judiciary

Summary: Kidnapping

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
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   4/19/2005  House   Introduced and read first time HJ-116
   4/19/2005  House   Referred to Committee on Judiciary HJ-116

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

4/19/2005

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 23-3-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN CONVICTIONS RENDERING A PERSON A SEX OFFENDER, SO AS TO REQUIRE A HEARING BEFORE THE ADMINISTRATIVE LAW COURT TO DETERMINE WHETHER A PERSON CONVICTED OF A KIDNAPPING OFFENSE BEFORE THE CREATION OF THE SEX OFFENDER REGISTRY SHOULD BE PLACED ON THE REGISTRY IF THE KIDNAPPING OFFENSE INVOLVED A CRIMINAL SEXUAL CONDUCT OFFENSE OR AN ATTEMPTED CRIMINAL SEXUAL CONDUCT OFFENSE AND TO PROVIDE THAT APPEAL OF THE ORDER OF AN ADMINISTRATIVE LAW JUDGE IS TO THE COURT OF APPEALS.

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

SECTION    1.    Section 23-3-430 of the 1976 Code, as last amended by Act 208 of 2004, is further amended by adding:

"(F)    Notwithstanding another provision of law, a person convicted of kidnapping pursuant to Section 16-3-910 before the effective date of this section is subject to a hearing before he is released from the Department of Corrections to determine whether the kidnapping offense included a criminal sexual conduct offense or an attempted criminal sexual conduct offense as provided in subsection (C)(15). This hearing must be brought before the Administrative Law Court to make a finding on the record whether or not the person must be placed on the sex offender registry pursuant to the requirements of this section. Appeal from the final decision of an administrative law judge is to the Court of Appeals."

SECTION    2.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION    3.    If any section, subsection, paragraph, subparagraph, 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 this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION    4.    This act takes effect upon approval by the Governor.

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