H 3688 General Bill, By S.E. Gonzales, Allison, Bailey, Breeland, H. Brown, 
R.C. Fulmer, Gamble, H.M. Hallman, Harrell, Harrison, D.N. Holt, Inabinett, 
M.F. Jaskwhich, Littlejohn, Neilson, Richardson, Sharpe, Stuart, Walker, 
J.B. Wilder, Wilkins, Witherspoon, S.S. Wofford, D.A. Wright and R.M. Young
 A Bill to amend Section 20-7-780, as amended, Code of Laws of South Carolina,
 1976, relating to records of juveniles, so as to provide that the records are
 open in the same manner as criminal records for adults.

   03/11/93  House  Introduced and read first time HJ-9
   03/11/93  House  Referred to Committee on Judiciary HJ-9

A BILL

TO AMEND SECTION 20-7-780, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECORDS OF JUVENILES, SO AS TO PROVIDE THAT THE RECORDS ARE OPEN IN THE SAME MANNER AS CRIMINAL RECORDS FOR ADULTS.

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

SECTION 1. Section 20-7-780(A), as last amended by Act 418 of 1990, is further 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. Notwithstanding other provisions of law, the official juvenile records of the court and the Department of Youth Services concerning the disposition of an offense that would have been a crime if committed by an adult are open and available for inspection under the same circumstances as adult criminal records. The records remain open for a period of four years from the last date the juvenile is adjudicated delinquent provided he does not commit another offense for which he is adjudicated delinquent or convicted within the four year period. The Thereafter, the official juvenile records of the courts and the Department of Youth Services 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. All information obtained and social records prepared in the discharge of official duty by an employee of the court or Department of Youth Services is confidential and must not be disclosed directly or indirectly to anyone, other than the judge or others entitled under this chapter to receive this information unless otherwise ordered by the judge. However, these records are open to inspection without the consent of the judge where the records are necessary to defend against an action initiated by a juvenile."

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