H 3562 General Bill, By Fleming, Barrett, Battle, J.M. Baxley, Gamble, Hamilton, 
Knotts, Leach, Limehouse, McKay, J.D. McMaster, Neilson, Riser, Sandifer, 
Seithel, Simrill, F. Smith, Trotter, Vaughn, Walker, Whatley and W.J. Young
 A BILL TO AMEND SECTION 23-3-490, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE SEX OFFENDER REGISTRY AND PROCEDURES FOR RELEASING
 INFORMATION, SO AS TO REQUIRE THAT INFORMATION BE MADE PUBLIC ON INDIVIDUALS
 REQUIRED TO REGISTER THAN TO REQUIRE THE RELEASE OF INFORMATION UPON REQUEST
 REGARDING A SPECIFIC PERSON AND TO DELETE THE PROVISION AUTHORIZING A SHERIFF
 TO DISSEMINATE INFORMATION ON A PERSON IF IT IS BELIEVED THE RELEASE WILL
 DETER THE CRIMINAL ACTIVITY.

   02/27/97  House  Introduced and read first time HJ-84
   02/27/97  House  Referred to Committee on Judiciary HJ-84

TO AMEND SECTION 23-3-490, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SEX OFFENDER REGISTRY AND PROCEDURES FOR RELEASING INFORMATION, SO AS TO REQUIRE THAT INFORMATION BE MADE PUBLIC ON INDIVIDUALS REQUIRED TO REGISTER RATHER THAN TO REQUIRE THE RELEASE OF INFORMATION UPON REQUEST REGARDING A SPECIFIC PERSON AND TO DELETE THE PROVISION AUTHORIZING A SHERIFF TO DISSEMINATE INFORMATION ON A PERSON IF IT IS BELIEVED THE RELEASE WILL DETER THE CRIMINAL ACTIVITY.

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

Section 1. Section 23-3-490, of the 1976 Code, as last amended by Act 444 of 1996, is further amended to read:

"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 shall make public information regarding a specific person who is individuals 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 also 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."

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