H 3300 {Rat #419} General Bill, By Limehouse, Allison, Bailey, J.M.Baxley, G.A.Brown, 
H.Brown, J.Brown, A.W.Byrd, B.D.Cain, C.D.Chamblee, Cobb-Hunter, Cotty, Dantzler, 
Davenport, Delleney, Easterday, Fair, J.G.Felder, Fleming, R.C.Fulmer, Govan, 
H.M.Hallman, Harrell, Harrison, Haskins, R.J.Herdklotz, J.H.Hodges, T.E.Huff, 
Hutson, Inabinett, M.F.Jaskwhich, Keegan, Kelley, Kennedy, W.D.Keyserling, 
M.H.Kinon, Knotts, Koon, Lanford, Law, L.H.Limbaugh, Littlejohn, Lloyd, C.V.Marchbanks, 
L.M.Martin, Mason, McCraw, J.T.McElveen, McKay, D.E.McTeer, Meacham, Phillips, 
Rice, Richardson, Riser, Robinson, Sandifer, Seithel, Sharpe, J.S.Shissias, 
Simrill, D.Smith, Stille, E.C.Stoddard, Stuart, Townsend, Tripp, Trotter, 
Vaughn, C.C.Wells, Whatley, L.S.Whipper, Wilder, Witherspoon, D.A.Wright, 
W.J.Young and Young-Brickell
 A Bill to amend Article 7, Chapter 3, Title 23, Code of Laws of South
 Carolina, 1976, relating to the Sex Offender Registry, so as to revise the
 State Law Enforcement Division's regulatory authority, to revise the
 conditions upon which a person must register, the definition of an offender, a
 sheriff's duty regarding registering an offender, to substitute Department of
 Probation, Parole, and Pardon Services for State Department of Probation and
 Parole Services, to substitute Department of Public Safety, Division of Motor
 Vehicles for Department of Motor Vehicles, to revise the penalties for failure
 to register, to provide penalties for a person who gives false information
 when registering as an offender, to provide that certain persons convicted and
 released prior to July 1, 1994, are not required to register, and to provide
 the conditions upon which information contained in the Sex Offender Registry
 must be released to the public; to amend Section 16-3-655, relating to
 criminal sexual conduct with minors, so as to revise the age of the
 perpetrator and to establish the offense of sexual misconduct with a
 minor.-amended title
View full text
   01/18/95  House  Introduced and read first time HJ-22
   01/18/95  House  Referred to Committee on Judiciary HJ-23
   04/20/95  House  Committee report: Favorable with amendment
                     Judiciary HJ-3
   04/26/95  House  Amended HJ-66
   04/26/95  House  Debate interrupted HJ-71
   04/26/95  House  Read second time HJ-73
   04/27/95  House  Read third time and sent to Senate HJ-10
   05/01/95  Senate Introduced and read first time SJ-18
   05/01/95  Senate Referred to Committee on Judiciary SJ-18
   03/06/96  Senate Committee report: Favorable with amendment
                     Judiciary SJ-19
   03/07/96  Senate Amended SJ-10
   03/07/96  Senate Read second time SJ-10
   03/07/96  Senate Ordered to third reading with notice of
                     amendments SJ-10
   03/14/96  Senate Amended SJ-9
   03/14/96  Senate Read third time and returned to House with
                     amendments SJ-9
   03/20/96  House  Non-concurrence in Senate amendment HJ-43
   03/27/96  Senate Senate insists upon amendment and conference
                     committee appointed  Sens. McConnell, Courtney
                     and Rankin SJ-3
   04/03/96  House  Conference committee appointed  Limehouse, Knotts
                     & Martin HJ-8
   05/09/96  House  Free conference powers granted HJ-19
   05/09/96  House  Free conference committee appointed  Limehouse,
                     Knotts & Martin HJ-21
   05/09/96  House  Free conference report received and adopted HJ-21
   05/09/96  Senate Free conference powers granted SJ-17
   05/09/96  Senate Free conference committee appointed  Sens.
                     McConnell, Courtney, and Rankin SJ-17
   05/09/96  Senate Free conference report received and adopted SJ-17
   05/14/96  House  Ordered enrolled for ratification HJ-48
   05/23/96         Ratified R  419
   05/29/96         Vetoed by Governor
   06/12/96  House  Veto sustained Yeas-64  Nays-2 HJ-12

AN ACT TO AMEND ARTICLE 7, CHAPTER 3, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SEX OFFENDER REGISTRY, SO AS TO REVISE THE STATE LAW ENFORCEMENT DIVISION'S REGULATORY AUTHORITY, TO REVISE THE CONDITIONS UPON WHICH A PERSON MUST REGISTER, THE DEFINITION OF AN OFFENDER, A SHERIFF'S DUTY REGARDING REGISTERING AN OFFENDER, TO SUBSTITUTE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES FOR STATE DEPARTMENT OF PROBATION AND PAROLE SERVICES, TO SUBSTITUTE DEPARTMENT OF PUBLIC SAFETY, DIVISION OF MOTOR VEHICLES FOR DEPARTMENT OF MOTOR VEHICLES, TO REVISE THE PENALTIES FOR FAILURE TO REGISTER, TO PROVIDE PENALTIES FOR A PERSON WHO GIVES FALSE INFORMATION WHEN REGISTERING AS AN OFFENDER, TO PROVIDE THAT CERTAIN PERSONS CONVICTED AND RELEASED PRIOR TO JULY 1, 1994, ARE NOT REQUIRED TO REGISTER, AND TO PROVIDE THE CONDITIONS UPON WHICH INFORMATION CONTAINED IN THE SEX OFFENDER REGISTRY MUST BE RELEASED TO THE PUBLIC; TO AMEND SECTION 16-3-655, RELATING TO CRIMINAL SEXUAL CONDUCT WITH MINORS, SO AS TO REVISE THE AGE OF THE PERPETRATOR AND TO ESTABLISH THE OFFENSE OF SEXUAL MISCONDUCT WITH A MINOR.

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

Sex offender registry

SECTION 1. Article 7, Chapter 3, Title 23 of the 1976 Code, as added by Act 497 of 1994, is amended to read:

"Article 7

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 shall contain information the chief considers 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 persons may gain access to information gathered under this article.

Section 23-3-420. The State Law Enforcement Division shall promulgate regulations 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 a similar 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 conviction or plea occurred shall be required to register pursuant to the provisions of this article.

(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 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));

(6) engaging a child for sexual performance (Section 16-3-810);

(7) producing, directing, or promoting sexual performance by a child (Section 16-3-820);

(8) criminal sexual conduct: assaults with intent to commit (Section 16-3-656);

(9) incest (Section 16-15-20);

(10) buggery (Section 16-15-120);

(11) committing or attempting lewd act upon child under fourteen (Section 16-15-140);

(12) eavesdropping or peeping (Section 16-17-470);

(13) violations of Article 3, Chapter 15 of Title 16 involving a minor which violations are felonies;

(14) 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.

(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.

(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 prior to his release from imprisonment or relief of supervision. This information shall be collected in the event the offender fails to register with his county sheriff.

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 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.

Any person required to register under this article who moves to South Carolina from another state and is not under the jurisdiction of the Department of Corrections, the Department of Probation, 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 in this State.

The South Carolina Department of Public Safety, Division of Motor Vehicles, shall inform, in writing, any new resident who applies for a driver's license, a chauffeur's license, vehicle tag, or a state identification card of the obligation of those offenders to register.

Section 23-3-470. (A) It is the duty of the offender to contact the sheriff in order to register. If an offender fails to register as required by this article, he 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 23-3-475. (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 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 article constitutes grounds for filing another charge of failure to register. Registering following arrest, service, or arraignment on charges does not relieve the offender from the criminal penalty for failure to register before the filing of the original charge.

(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 open to public inspection, upon request to the county sheriff. 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 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.

(C) For purposes of this article, information on a juvenile adjudicated delinquent in family court for an offense listed in Section 23-3-430 must not be made available to the public."

Criminal sexual conduct in the second degree

SECTION 2. Section 16-3-655(3) of the 1976 Code is amended to read:

"(3) A person is guilty of criminal sexual conduct in the second degree if the actor engages in sexual battery with a victim who is at least fourteen years of age but who is less than sixteen years of age, and the actor is in a position of familial, custodial, or official authority to coerce the victim to submit or is more than four years older than the victim."

Sexual misconduct with a minor

SECTION 3. Section 16-3-655 of the 1976 Code is amended by adding at the end:

"(4) A person is guilty of sexual misconduct with a minor, a misdemeanor, if the actor engages in a consensual sexual battery with a victim who is at least fourteen years of age but who is less than sixteen years of age, and the actor is older than the victim but is not more than four years older than the victim nor is related to the victim. A person convicted of this offense must be imprisoned not more than three years."

Severability clause

SECTION 4. 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.

Time effective

SECTION 5. This act takes effect upon approval by the Governor.

In the Senate House ____________________________________________.

______________________________________________

President of the Senate

______________________________________________

Speaker of the House of Representatives

Approved the ____________ day of ________________________, 1996.

______________________________________________

Governor

Printer's Date -- May 21, 1996 -- S.