H 3905 Session 112 (1997-1998)
H 3905 General Bill, By Fleming, Battle, Davenport, Keegan, L.H. Limbaugh,
Limehouse, Meacham, Sandifer, Seithel, Simrill and Tripp
A BILL TO AMEND SECTION 23-3-490, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO OFFENDER REGISTRY INFORMATION NOT BEING AVAILABLE TO THE
PUBLIC EXCEPT UPON WRITTEN REQUEST TO THE COUNTY SHERIFF, SO AS TO PROVIDE
THAT INFORMATION COLLECTED FOR THE OFFENDER REGISTRY IS OPEN TO PUBLIC
INSPECTION, AND TO DELETE REQUIREMENTS THAT A PERSON REQUEST THE INFORMATION
FROM THE SHERIFF IN WRITING AND THAT THE INFORMATION MUST BE DISCLOSED ONLY TO
THE PERSON MAKING THE REQUEST.
04/10/97 House Introduced and read first time HJ-63
04/10/97 House Referred to Committee on Judiciary HJ-63
A BILL
TO AMEND SECTION 23-3-490, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO
OFFENDER REGISTRY INFORMATION NOT BEING
AVAILABLE TO THE PUBLIC EXCEPT UPON WRITTEN
REQUEST TO THE COUNTY SHERIFF, SO AS TO PROVIDE
THAT INFORMATION COLLECTED FOR THE OFFENDER
REGISTRY IS OPEN TO PUBLIC INSPECTION, AND TO
DELETE REQUIREMENTS THAT A PERSON REQUEST THE
INFORMATION FROM THE SHERIFF IN WRITING, AND THAT
THE INFORMATION MUST BE DISCLOSED ONLY TO THE
PERSON MAKING THE REQUEST.
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 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 Sheriffs 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 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) (B) 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.
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