S 249 Session 111 (1995-1996)
S 0249 General Bill, By T.W. Mitchell and Washington
A BILL TO AMEND SECTIONS 23-3-430 AND 23-3-440, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE SEX OFFENDER REGISTRY, SO AS TO PROVIDE THAT
ONLY THOSE PERSONS WHO WERE SEVENTEEN YEARS OF AGE OR MORE AT THE TIME OF
COMMISSION OF THE OFFENSE ARE REQUIRED TO REGISTER AS A SEX OFFENDER.
10/31/94 Senate Prefiled
10/31/94 Senate Referred to Committee on Judiciary
01/10/95 Senate Introduced and read first time SJ-86
01/10/95 Senate Referred to Committee on Judiciary SJ-86
A BILL
TO AMEND SECTIONS 23-3-430 AND 23-3-440, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SEX
OFFENDER REGISTRY, SO AS TO PROVIDE THAT ONLY
THOSE PERSONS WHO WERE SEVENTEEN YEARS OF AGE
OR MORE AT THE TIME OF COMMISSION OF THE
OFFENSE ARE REQUIRED TO REGISTER AS A SEX
OFFENDER.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Sections 23-3-430 and 23-3-440 of the 1976 Code,
as added by Act 497 of 1994, are further amended to read:
"Section 23-3-430. Any person, regardless of age
who was seventeen years of age or more at the time of
commission of the offense, residing in the State of South
Carolina who has been convicted in this State, or who has been
convicted in any comparable court in the United States, or who has
been convicted in the United States federal courts, of the offenses
described below or of similar offenses in other jurisdictions shall be
required to register pursuant to the provisions of this Article
article. For purposes of this article, a person convicted of
any of these 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 (Section
16-3-655);
(5) engaging a child for sexual performance (Section
16-3-810);
(6) producing, directing or promoting sexual performance by a
child (Section 16-3-820);
(7) criminal sexual conduct: assaults with intent to commit
(Section 16-3-656);
(8) kidnapping (Section 16-3-910);
(9) incest (Section 16-15-20);
(10) buggery (Section 16-15-120);
(11) indecent exposure (Section 16-15-130);
(12) committing or attempting lewd act upon child under
fourteen (Section 16-15-140);
(13) eavesdropping or peeping (Section 16-17-470);
(14) conspiracy to kidnap (Section 16-3-920);
(15) violations of Article 3, Chapter 15 of Title 16 involving a
minor which violations are felonies.
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 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 3) 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 2. This act takes effect upon approval by the
Governor.
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