South Carolina Legislature


 

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S*196
Session 121 (2015-2016) 

S*0196(Rat #0016, Act #0007 of 2015)  General Bill, By Hutto, L. Martin, Bryant, 
Campsen, S. Martin and Lourie

Similar(S 183, H 3125, H 3930) AN ACT TO AMEND SECTION 14-7-1610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE GRAND JURY SYSTEM AND LEGISLATIVE FINDINGS AND APPLICABILITY, SO AS TO INCLUDE CRIMES INVOLVING TRAFFICKING IN PERSONS IN THE PURVIEW OF THE STATUTE; TO AMEND SECTION 14-7-1630, AS AMENDED, RELATING TO JURISDICTION OF THE STATE GRAND JURY, SO AS TO INCLUDE CRIMES INVOLVING TRAFFICKING IN PERSONS IN THE PURVIEW OF THE STATUTE; TO AMEND SECTION 16-3-2010, RELATING TO DEFINITIONS FOR PURPOSES OF TRAFFICKING IN PERSONS, SO AS TO REVISE THE DEFINITION OF "SEX TRAFFICKING"; BY ADDING SECTION 16-3-2100 SO AS TO REQUIRE THE POSTING OF INFORMATION REGARDING THE NATIONAL HUMAN TRAFFICKING RESOURCE CENTER HOTLINE IN CERTAIN BUSINESS ESTABLISHMENTS, PROVIDE LANGUAGE FOR THE POSTING, AND PROVIDE FOR A FINE FOR THE FAILURE TO POST THE INFORMATION AS REQUIRED; TO AMEND SECTION 16-3-2050, RELATING TO THE INTERAGENCY TASK FORCE FOR THE PREVENTION OF TRAFFICKING IN PERSONS, SO AS TO REVISE THE MEMBERSHIP OF THE TASK FORCE; AND TO AMEND SECTION 8-30-10, RELATING TO RECORDING AND REPORTING ALLEGATIONS OF FEDERAL IMMIGRATION LAW VIOLATIONS, SECTION 16-1-60, AS AMENDED, RELATING TO CRIMES DEFINED AS VIOLENT, SECTION 17-25-45, AS AMENDED, RELATING TO CRIMES DEFINED AS MOST SERIOUS AND SERIOUS FOR PURPOSES OF TWO STRIKES AND THREE STRIKES PROVISIONS, SECTIONS 23-3-430, 23-3-490, AND 23-3-540, ALL AS AMENDED, RELATING TO THE SEX OFFENDER REGISTRY, AND SECTION 44-53-370, AS AMENDED, RELATING TO THE ILLEGAL POSSESSION, MANUFACTURE, AND DISTRIBUTION OF CERTAIN CONTROLLED SUBSTANCES, ALL SO AS TO CORRECT CODE SECTION REFERENCES TO TRAFFICKING IN PERSONS OFFENSES TO REFLECT THE CODE SECTION OF 16-3-2020. - ratified title 12/10/14 Senate Prefiled 12/10/14 Senate Referred to Committee on Judiciary 01/13/15 Senate Introduced and read first time (Senate Journal-page 126) 01/13/15 Senate Referred to Committee on Judiciary (Senate Journal-page 126) 01/09/15 Senate Referred to Subcommittee: Hutto (ch), S.Martin, Thurmond 01/22/15 Senate Committee report: Favorable Judiciary (Senate Journal-page 5) 01/23/15 Scrivener's error corrected 02/03/15 Senate Amended (Senate Journal-page 21) 02/04/15 Scrivener's error corrected 02/04/15 Senate Read second time (Senate Journal-page 49) 02/04/15 Senate Roll call Ayes-44 Nays-0 (Senate Journal-page 49) 02/05/15 Senate Read third time and sent to House (Senate Journal-page 10) 02/10/15 House Introduced and read first time (House Journal-page 11) 02/10/15 House Referred to Committee on Judiciary (House Journal-page 11) 02/25/15 House Recalled from Committee on Judiciary (House Journal-page 28) 03/04/15 House Amended 03/04/15 House Read second time (House Journal-page 33) 03/04/15 House Roll call Yeas-105 Nays-0 (House Journal-page 44) 03/05/15 House Read third time and returned to Senate with amendments (House Journal-page 20) 03/10/15 Senate House amendment amended (Senate Journal-page 28) 03/10/15 Senate Roll call Ayes-42 Nays-0 (Senate Journal-page 28) 03/10/15 Senate Returned to House with amendments (Senate Journal-page 28) 03/11/15 Scrivener's error corrected 03/18/15 House Non-concurrence in Senate amendment (House Journal-page 23) 03/18/15 House Roll call Yeas-0 Nays-106 (House Journal-page 23) 03/18/15 Senate Senate insists upon amendment and conference committee appointed Hutto, S. Martin, and Thurmond 03/19/15 House Conference committee appointed Weeks, Tallon, and Kennedy (House Journal-page 27) 03/26/15 House Conference report adopted (House Journal-page 16) 03/26/15 House Roll call Yeas-101 Nays-0 (House Journal-page 27) 03/31/15 Senate Conference report adopted (Senate Journal-page 44) 03/31/15 Senate Roll call Ayes-37 Nays-0 (Senate Journal-page 44) 04/01/15 House Ordered enrolled for ratification (House Journal-page 5) 04/01/15 Ratified R 16 04/02/15 Signed By Governor 04/09/15 Effective date 04/02/15 04/09/15 Act No. 7




S. 196

(A7, R16, S196)

AN ACT TO AMEND SECTION 14-7-1610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE GRAND JURY SYSTEM AND LEGISLATIVE FINDINGS AND APPLICABILITY, SO AS TO INCLUDE CRIMES INVOLVING TRAFFICKING IN PERSONS IN THE PURVIEW OF THE STATUTE; TO AMEND SECTION 14-7-1630, AS AMENDED, RELATING TO JURISDICTION OF THE STATE GRAND JURY, SO AS TO INCLUDE CRIMES INVOLVING TRAFFICKING IN PERSONS IN THE PURVIEW OF THE STATUTE; TO AMEND SECTION 16-3-2010, RELATING TO DEFINITIONS FOR PURPOSES OF TRAFFICKING IN PERSONS, SO AS TO REVISE THE DEFINITION OF "SEX TRAFFICKING"; BY ADDING SECTION 16-3-2100 SO AS TO REQUIRE THE POSTING OF INFORMATION REGARDING THE NATIONAL HUMAN TRAFFICKING RESOURCE CENTER HOTLINE IN CERTAIN BUSINESS ESTABLISHMENTS, PROVIDE LANGUAGE FOR THE POSTING, AND PROVIDE FOR A FINE FOR THE FAILURE TO POST THE INFORMATION AS REQUIRED; TO AMEND SECTION 16-3-2050, RELATING TO THE INTERAGENCY TASK FORCE FOR THE PREVENTION OF TRAFFICKING IN PERSONS, SO AS TO REVISE THE MEMBERSHIP OF THE TASK FORCE; AND TO AMEND SECTION 8-30-10, RELATING TO RECORDING AND REPORTING ALLEGATIONS OF FEDERAL IMMIGRATION LAW VIOLATIONS, SECTION 16-1-60, AS AMENDED, RELATING TO CRIMES DEFINED AS VIOLENT, SECTION 17-25-45, AS AMENDED, RELATING TO CRIMES DEFINED AS MOST SERIOUS AND SERIOUS FOR PURPOSES OF TWO STRIKES AND THREE STRIKES PROVISIONS, SECTIONS 23-3-430, 23-3-490, AND 23-3-540, ALL AS AMENDED, RELATING TO THE SEX OFFENDER REGISTRY, AND SECTION 44-53-370, AS AMENDED, RELATING TO THE ILLEGAL POSSESSION, MANUFACTURE, AND DISTRIBUTION OF CERTAIN CONTROLLED SUBSTANCES, ALL SO AS TO CORRECT CODE SECTION REFERENCES TO TRAFFICKING IN PERSONS OFFENSES TO REFLECT THE CODE SECTION OF 16-3-2020.

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

State Grand Jury applicability, inclusion of trafficking in persons

SECTION    1.    Section 14-7-1610(A) and (H) of the 1976 Code, as last amended by Act 82 of 2007, is further amended to read:

"(A)    It is the intent of the General Assembly to enhance the grand jury system and to improve the ability of the State to detect and eliminate criminal activity. The General Assembly recognizes the great importance of having the federal authorities available for certain investigations. The General Assembly finds that crimes involving narcotics, dangerous drugs, or controlled substances, trafficking in persons, as well as crimes involving obscenity, often transpire or have significance in more than one county of this State. When this occurs, these crimes are most effectively detected and investigated by a grand jury system with the authority to cross county lines.

(H)    Accordingly, the General Assembly concludes that a state grand jury should be allowed to investigate certain crimes related to narcotics, dangerous drugs, or controlled substances, criminal gang activity, trafficking in persons, and obscenity and also should be allowed to investigate crimes involving public corruption, election laws, and environmental offenses."

State Grand Jury jurisdiction, inclusion of trafficking in persons

SECTION    2.    Section 14-7-1630(A) of the 1976 Code, as last amended by Act 280 of 2008, is further amended to read:

"(A)    The jurisdiction of a state grand jury impaneled pursuant to this article extends throughout the State. The subject matter jurisdiction of a state grand jury in all cases is limited to the following offenses:

(1)    a crime involving narcotics, dangerous drugs, or controlled substances, or a crime arising out of or in connection with a crime involving narcotics, dangerous drugs, or controlled substances, including, but not limited to, money laundering as specified in Section 44-53-475, obstruction of justice, perjury or subornation of perjury, or any attempt, aiding, abetting, solicitation, or conspiracy to commit one of the aforementioned crimes, if the crime is of a multi-county nature or has transpired or is transpiring or has significance in more than one county of this State;

(2)    a crime involving criminal gang activity or a pattern of criminal gang activity pursuant to Article 3, Chapter 8, Title 16;

(3)    a crime, statutory, common law or other, involving public corruption as defined in Section 14-7-1615, a crime, statutory, common law or other, arising out of or in connection with a crime involving public corruption as defined in Section 14-7-1615, and any attempt, aiding, abetting, solicitation, or conspiracy to commit a crime, statutory, common law or other, involving public corruption as defined in Section 14-7-1615;

(4)    a crime involving the election laws, including, but not limited to, those named offenses specified in Title 7, or a common law crime involving the election laws if not superseded, or a crime arising out of or in connection with the election laws, or any attempt, aiding, abetting, solicitation, or conspiracy to commit a crime involving the election laws;

(5)    a crime involving computer crimes, pursuant to Chapter 16, Title 16, or a conspiracy or solicitation to commit a crime involving computer crimes;

(6)    a crime involving terrorism, or a conspiracy or solicitation to commit a crime involving terrorism. Terrorism includes an activity that:

(a)    involves an act dangerous to human life that is a violation of the criminal laws of this State;

(b)    appears to be intended to:

(i)        intimidate or coerce a civilian population;

(ii)    influence the policy of a government by intimidation or coercion; or

(iii)    affect the conduct of a government by mass destruction, assassination, or kidnapping; and

(c)    occurs primarily within the territorial jurisdiction of this State;

(7)    a crime involving a violation of Chapter 1, Title 35 of the Uniform Securities Act, or a crime related to securities fraud or a violation of the securities laws;

(8)    a crime involving obscenity, including, but not limited to, a crime as provided in Article 3, Chapter 15, Title 16, or any attempt, aiding, abetting, solicitation, or conspiracy to commit a crime involving obscenity;

(9)    a crime involving the knowing and wilful making of, aiding and abetting in the making of, or soliciting or conspiring to make a false, fictitious, or fraudulent statement or representation in an affidavit regarding an alien's lawful presence in the United States, as defined by law, if the number of violations exceeds twenty or if the public benefit received by a person from a violation or combination of violations exceeds twenty thousand dollars;

(10)    a crime involving financial identity fraud or identity fraud involving the false, fictitious, or fraudulent creation or use of documents used in an immigration matter as defined in Section 16-13-525, if the number of violations exceeds twenty, or if the value of the ascertainable loss of money or property suffered by a person or persons from a violation or combination of violations exceeds twenty thousand dollars;

(11)    a crime involving the knowing and wilful making of, aiding or abetting in the making of, or soliciting or conspiring to make a false, fictitious, or fraudulent statement or representation in a document prepared or executed as part of the provision of immigration assistance services in an immigration matter, as defined by law, if the number of violations exceeds twenty, or if a benefit received by a person from a violation or combination of violations exceeds twenty thousand dollars;

(12)    a knowing and wilful crime involving actual and substantial harm to the water, ambient air, soil or land, or both soil and land. This crime includes a knowing and wilful violation of the Pollution Control Act, the Atomic Energy and Radiation Control Act, the State Underground Petroleum Environmental Response Bank Act, the State Safe Drinking Water Act, the Hazardous Waste Management Act, the Infectious Waste Management Act, the Solid Waste Policy and Management Act, the Erosion and Sediment Control Act, the South Carolina Mining Act, and the Coastal Zone Management Act, or a knowing and wilful crime arising out of or in connection with environmental laws, or any attempt, aiding, abetting, solicitation, or conspiracy to commit a knowing and wilful crime involving the environment if the anticipated actual damages, including, but not limited to, the cost of remediation, is two million dollars or more, as certified by an independent environmental engineer who must be contracted by the Department of Health and Environmental Control. If the knowing and wilful crime is a violation of federal law, a conviction or an acquittal pursuant to federal law for the same act is a bar to the impaneling of a state grand jury pursuant to this section; and

(13)    a crime involving or relating to the offense of trafficking in persons, as defined in Section 16-3-2020, when a victim is trafficked in more than one county or a trafficker commits the offense of trafficking in persons in more than one county."

Trafficking in persons, definition of "sex trafficking" revised

SECTION    3.    Section 16-3-2010(7) of the 1976 Code, as added by Act 258 of 2012, is amended to read:

"(7)    'Sex trafficking' means the recruitment, harboring, transportation, provision, or obtaining of a person for one of the following when it is induced by force, fraud, or coercion or the person performing the act is under the age of eighteen years and anything of value is given, promised to, or received, directly or indirectly, by another person:

(a)    criminal sexual conduct pursuant to Section 16-3-651;

(b)    criminal sexual conduct in the first degree pursuant to Section 16-3-652;

(c)    criminal sexual conduct in the second degree pursuant to Section 16-3-653;

(d)    criminal sexual conduct in the third degree pursuant to Section 16-3-654;

(e)    criminal sexual conduct with a minor pursuant to Section 16-3-655;

(f)    engaging a child for sexual performance pursuant to Section 16-3-810;

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

(h)    sexual battery pursuant to Section 16-3-651;

(i)        sexual conduct pursuant to Section 16-3-800; or

(j)        sexual performance pursuant to Section 16-3-800."

Trafficking in persons, posting of information regarding the National Human Trafficking Resource Center Hotline in certain establishments, fine for failure to post required notice

SECTION    4.    Article 19, Chapter 3, Title 16 of the 1976 Code is amended by adding:

"Section 16-3-2100.    (A)    The following establishments are required to post the information contained in subsection (B) regarding the National Human Trafficking Resource Center Hotline:

(1)    an establishment which has been declared a nuisance for prostitution pursuant to Chapter 43, Title 15;

(2)    an adult business, including a nightclub, bar, restaurant, or another similar establishment in which a person appears in a state of sexually explicit nudity, as defined in Section 16-15-375, or seminudity, as defined in Section 57-25-120;

(3)    businesses and establishments that offer massage or bodywork services by any person who is not licensed under Chapter 30, Title 40;

(4)    emergency rooms within any hospital;

(5)    urgent care centers;

(6)    any hotel, motel, room, or accommodation furnished to transients for which fees are charged in this State;

(7)    all agricultural labor contractors and agricultural labor transporters as defined pursuant to Section 41-27-120; and

(8)    all airports, train stations, bus stations, rest areas, and truck stops.

(B)    The information must be posted in each public restroom for the business or establishment and a prominent location conspicuous to the public at the entrance of the establishment where posters and notices are customarily posted on a poster no smaller than eight and one-half by eleven inches in size and must state in both English and Spanish on the same poster information relevant to the hotline, including the following or language substantially similar:

'If you or someone you know is being forced to engage in any activity and cannot leave, whether it is commercial sex, housework, farm work, or any other activity, call the National Human Trafficking Resource Center Hotline at 1-888-373-7888 to access help and services. Victims of human trafficking are protected under federal law and the laws of South Carolina. The hotline is:

(1)    available twenty-four hours a day, seven days a week;

(2)    operated by a nonprofit, nongovernmental organization;

(3)    anonymous and confidential;

(4)    accessible in one hundred seventy languages;

(5)    able to provide help, referral to services, training, and general information.'

(C)    The Department of Revenue, the State Law Enforcement Division, and the Department of Transportation, as appropriate depending on the regulatory control or authority the respective department exercises over the establishment, are directed to provide each establishment with the notice required to be posted by this section. The departments shall post on the departments' websites a sample of the notice required to be posted which must be accessible for download. The business must download and post the notice in not less than sixteen point font.

(D)    The Department of Revenue, the State Law Enforcement Division, or the Department of Transportation, as appropriate, is authorized to issue a written warning to an establishment which fails to post the required notice provided in this section and may assess a fine of not more than fifty dollars for each subsequent violation. Each day that the establishment remains in violation of this section is considered a separate and distinct violation and the establishment may be fined accordingly.

(E)    The South Carolina Human Trafficking Task Force, Department of Revenue, and Department of Transportation are directed to collaborate on the design of the required notice to be posted and may partner to develop materials, and shall have the design finalized no later than one hundred twenty days after the effective date of this section. Establishments required to post the notice must be in compliance no later than six months after the effective date of this action.

(F)    This section does not apply to establishments providing entertainment in theatres, concert halls, art centers, museums, or similar establishments that are devoted primarily to the arts or theatrical performances when the performances presented are expressing matters of serious literary, artistic, scientific, or political value."

Interagency Task Force for the Prevention of Trafficking in Persons, membership revised

SECTION    5.    Section 16-3-2050(B) and (C) of the 1976 Code, as added by Act 258 of 2012, is amended to read:

"(B)    The task force shall consist of, at a minimum, representatives from:

(1)    the Office of the Attorney General, who must be chair;

(2)    the South Carolina Department of Labor, Licensing and Regulation;

(3)    the South Carolina Police Chiefs Association;

(4)    the South Carolina Sheriffs' Association;

(5)    the State Law Enforcement Division;

(6)    the Department of Health and Environmental Control Board;

(7)    the State Office of Victim Assistance;

(8)    the South Carolina Commission on Prosecution Coordination;

(9)    the Department of Social Services;

(10)    a representative from the Office of the Governor;

(11)    a representative from the Department of Employment and Workforce; and

(12)    two persons appointed by the Attorney General from nongovernmental organizations, especially those specializing in trafficking in persons, those representing diverse communities disproportionately affected by trafficking, agencies devoted to child services and runaway services, and academic researchers dedicated to the subject of trafficking in persons.

(C)    The Attorney General shall invite representatives of the United States Department of Labor, the United States Attorneys' offices, and federal law enforcement agencies' offices within the State, including the Federal Bureau of Investigations and the United States Immigration and Customs Enforcement office, to be members of the task force."

Conforming changes

SECTION    6.A.    Section 8-30-10(A) of the 1976 Code, as added by Act 280 of 2008, is amended to read:

"(A)    The Executive Director of the State Commission for Minority Affairs, or a designee, shall establish and maintain a twenty-four hour toll free telephone number and electronic website to receive, record, collect, and report allegations of violations of federal immigration laws or related provisions of South Carolina law by any non-United States citizen or immigrant, and allegations of violations of any federal immigration laws or related provisions in South Carolina law against any non-United States citizen or immigrant. Such violations shall include, but are not limited to, E-Verify or other federal work authorization program violations, violations of Chapter 83, Title 40 of this code relating to immigration assistance services, or any regulations enacted governing the operation of immigration assistance services, false or fraudulent statements made or documents filed in relation to an immigration matter, as defined by Section 40-83-20, violation of human trafficking laws, as defined in Section 16-3-2020, landlord tenant law violations, or violations of any law pertaining to the provision or receipt of public assistance benefits or public services."

B.        Section 16-1-60 of the 1976 Code, as last amended by Act 255 of 2012, is further amended to read:

"Section 16-1-60.    For purposes of definition under South Carolina law, a violent crime includes the offenses of: murder (Section 16-3-10); attempted murder (Section 16-3-29); assault and battery by mob, first degree, resulting in death (Section 16-3-210(B)), criminal sexual conduct in the first and second degree (Sections 16-3-652 and 16-3-653); criminal sexual conduct with minors, first, second, and third degree (Section 16-3-655); assault with intent to commit criminal sexual conduct, first and second degree (Section 16-3-656); assault and battery with intent to kill (Section 16-3-620); assault and battery of a high and aggravated nature (Section 16-3-600(B)); kidnapping (Section 16-3-910); trafficking in persons (Section 16-3-2020); voluntary manslaughter (Section 16-3-50); armed robbery (Section 16-11-330(A)); attempted armed robbery (Section 16-11-330(B)); carjacking (Section 16-3-1075); drug trafficking as defined in Section 44-53-370(e) or trafficking cocaine base as defined in Section 44-53-375(C); manufacturing or trafficking methamphetamine as defined in Section 44-53-375; arson in the first degree (Section 16-11-110(A)); arson in the second degree (Section 16-11-110(B)); burglary in the first degree (Section 16-11-311); burglary in the second degree (Section 16-11-312(B)); engaging a child for a sexual performance (Section 16-3-810); homicide by child abuse (Section 16-3-85(A)(1)); aiding and abetting homicide by child abuse (Section 16-3-85(A)(2)); inflicting great bodily injury upon a child (Section 16-3-95(A)); allowing great bodily injury to be inflicted upon a child (Section 16-3-95(B)); criminal domestic violence of a high and aggravated nature (Section 16-25-65); abuse or neglect of a vulnerable adult resulting in death (Section 43-35-85(F)); abuse or neglect of a vulnerable adult resulting in great bodily injury (Section 43-35-85(E)); taking of a hostage by an inmate (Section 24-13-450); detonating a destructive device upon the capitol grounds resulting in death with malice (Section 10-11-325(B)(1)); spousal sexual battery (Section 16-3-615); producing, directing, or promoting sexual performance by a child (Section 16-3-820); sexual exploitation of a minor first degree (Section 16-15-395); sexual exploitation of a minor second degree (Section 16-15-405); promoting prostitution of a minor (Section 16-15-415); participating in prostitution of a minor (Section 16-15-425); aggravated voyeurism (Section 16-17-470(C)); detonating a destructive device resulting in death with malice (Section 16-23-720(A)(1)); detonating a destructive device resulting in death without malice (Section 16-23-720(A)(2)); boating under the influence resulting in death (Section 50-21-113(A)(2)); vessel operator's failure to render assistance resulting in death (Section 50-21-130(A)(3)); damaging an airport facility or removing equipment resulting in death (Section 55-1-30(3)); failure to stop when signaled by a law enforcement vehicle resulting in death (Section 56-5-750(C)(2)); interference with traffic-control devices, railroad signs, or signals resulting in death (Section 56-5-1030(B)(3)); hit and run resulting in death (Section 56-5-1210(A)(3)); felony driving under the influence or felony driving with an unlawful alcohol concentration resulting in death (Section 56-5-2945(A)(2)); putting destructive or injurious materials on a highway resulting in death (Section 57-7-20(D)); obstruction of a railroad resulting in death (Section 58-17-4090); accessory before the fact to commit any of the above offenses (Section 16-1-40); and attempt to commit any of the above offenses (Section 16-1-80). Only those offenses specifically enumerated in this section are considered violent offenses."

C.        Section 17-25-45(C)(1) of the 1976 Code is amended to read:

"(1)    'Most serious offense' means:

16-1-40                Accessory, for any offense enumerated in this item

16-1-80                Attempt, for any offense enumerated in this item

16-3-10                Murder

16-3-29                Attempted Murder

16-3-50                Voluntary manslaughter

16-3-85(A)(1)        Homicide by child abuse

16-3-85(A)(2)        Aiding and abetting homicide by child abuse

16-3-210                Lynching, First degree

16-3-210(B)        Assault and battery by mob, First degree

16-3-620                Assault and battery with intent to kill

16-3-652                Criminal sexual conduct, First degree

16-3-653                Criminal sexual conduct, Second degree

16-3-655                Criminal sexual conduct with minors, except where evidence presented at the criminal proceeding and the court, after the conviction, makes a specific finding on the record that the conviction obtained for this offense resulted from consensual sexual conduct where the victim was younger than the actor, as contained in Section 16-3-655(3)

16-3-656                Assault with intent to commit criminal sexual conduct, First and Second degree

16-3-910                Kidnapping

16-3-920                Conspiracy to commit kidnapping

16-3-1075            Carjacking

16-3-2020            Trafficking in persons

16-11-110(A)        Arson, First degree

16-11-311            Burglary, First degree

16-11-330(A)        Armed robbery

16-11-330(B)        Attempted armed robbery

16-11-540            Damaging or destroying building, vehicle, or other property by means of explosive incendiary, death results

24-13-450            Taking of a hostage by an inmate

25-7-30                Giving information respecting national or state defense to foreign contacts during war

25-7-40                Gathering information for an enemy

43-35-85(F)            Abuse or neglect of a vulnerable adult resulting in death

55-1-30(3)            Unlawful removing or damaging of airport facility or equipment when death results

56-5-1030(B)(3)    Interference with traffic-control devices or railroad signs or signals prohibited when death results from violation

58-17-4090            Obstruction of railroad, death results."

D.        Section 23-3-430(C)(17) of the 1976 Code, as last amended by Act 289 of 2010, is further amended to read:

"(17)    trafficking in persons (Section 16-3-2020) except when the court makes a finding on the record that the offense did not include a criminal sexual offense or an attempted criminal sexual offense;"

E.        Section 23-3-490(D)(1)(h) of the 1976 Code, as last amended by Act 289 of 2010, is further amended to read:

"(h)    trafficking in persons (Section 16-3-2020) except when the court makes a finding on the record that the offense did not include a criminal sexual offense or an attempted criminal sexual offense."

F.        Section 23-3-540(G)(1)(i) of the 1976 Code, as last amended by Act 255 of 2012, is further amended to read:

"(i)    trafficking in persons (Section 16-3-2020) of a person under eighteen years of age except when the court makes a finding on the record that the offense did not include a criminal sexual offense or an attempted criminal sexual offense; or"

G.        Section 44-53-370(f)(2) of the 1976 Code, as last amended by Act 289 of 2010, is further amended to read:

"(2)    trafficking in persons, Section 16-3-2020;"

Savings clause

SECTION    7.    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.

Time effective

SECTION    8.    This act takes effect upon approval by the Governor.

Ratified the 1st day of April, 2015.

Approved the 2nd day of April, 2015.

__________




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