S*0597(Rat #0123, Act #0074 of 1999)  General Bill, By Senate Judiciary
 A BILL TO AMEND SECTION 23-3-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO CERTAIN CONVICTIONS THAT RENDER A PERSON A SEX OFFENDER, SO
 AS TO PROVIDE THAT A PERSON CONVICTED OF CRIMINAL SEXUAL CONDUCT WHEN THE
 VICTIM IS A SPOUSE, SEXUAL BATTERY OF A SPOUSE, OR SEXUAL INTERCOURSE WITH A
 PATIENT OR TRAINEE IS RENDERED A SEX OFFENDER AND TO REVISE THE CIRCUMSTANCES
 IN WHICH A PERSON CONVICTED OF KIDNAPPING, CRIMINAL SEXUAL CONDUCT WITH A
 MINOR, OR EXPLOITATION OF A MINOR IS RENDERED A SEX OFFENDER.-AMENDED TITLE

   03/11/99  Senate Introduced, read first time, placed on calendar
                     without reference SJ-6
   04/15/99  Senate Amended SJ-33
   04/15/99  Senate Read second time SJ-33
   04/15/99  Senate Ordered to third reading with notice of
                     amendments SJ-33
   04/20/99  Senate Amended SJ-14
   04/20/99  Senate Read third time and sent to House SJ-14
   04/21/99  House  Introduced and read first time
   04/21/99  House  Referred to Committee on Judiciary
   05/27/99  House  Committee report: Favorable with amendment
                     Judiciary HJ-4
   06/02/99  House  Amended HJ-39
   06/02/99  House  Debate adjourned HJ-42
   06/02/99  House  Read second time HJ-74
   06/03/99  House  Read third time and returned to Senate with amendments
   06/03/99  Senate House amendment amended SJ-225
   06/03/99  Senate Returned to House with amendments SJ-225
   06/03/99  House  Concurred in Senate amendment and enrolled HJ-109
   06/09/99         Ratified R 123
   06/11/99         Signed By Governor
   06/11/99         Effective date 06/11/99
   06/29/99         Copies available
   07/06/99         Act No. 74

AN ACT TO AMEND SECTION 23-3-430, AS AMENDED, RELATING TO CERTAIN CONVICTIONS THAT RENDER A PERSON A SEX OFFENDER, SO AS TO PROVIDE THAT A PERSON CONVICTED OF CRIMINAL SEXUAL CONDUCT WHEN THE VICTIM IS A SPOUSE, SEXUAL BATTERY OF A SPOUSE, OR SEXUAL INTERCOURSE WITH A PATIENT OR TRAINEE IS RENDERED A SEX OFFENDER AND TO REVISE THE CIRCUMSTANCES IN WHICH A PERSON CONVICTED OF KIDNAPPING, CRIMINAL SEXUAL CONDUCT WITH A MINOR, OR EXPLOITATION OF A MINOR IS RENDERED A SEX OFFENDER.

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

Sex offender defined

SECTION 1. Section 23-3-430(C) of the 1976 Code, as last amended by Act 384 of 1998, is further amended to read:

"(C) For purposes of this article, a person who has been convicted of, pled guilty or nolo contendere to, or been adjudicated delinquent for any of the following 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, first degree (Section 16-3-655(1));

(5) criminal sexual conduct with minors, second degree. If evidence is presented at the criminal proceeding and the court makes a specific finding on the record that the conviction obtained for this offense resulted from consensual sexual conduct, as contained in Section 16-3-655(3), provided the offender is eighteen years of age or less, or consensual sexual conduct between persons under sixteen years of age, the convicted person is not an offender and is not required to register pursuant to the provisions of this article;

(6) engaging a child for sexual performance (Section 16-3-810);

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

(8) criminal sexual conduct: assaults with intent to commit (Section 16-3-656);

(9) incest (Section 16-15-20);

(10) buggery (Section 16-15-120);

(11) committing or attempting lewd act upon child under sixteen (Section 16-15-140);

(12) peeping (Section 16-17-470);

(13) violations of Article 3, Chapter 15 of Title 16 involving a minor;

(14) a person, regardless of age, who has been convicted, adjudicated delinquent, pled guilty or nolo contendere in this State, or who has been convicted, adjudicated delinquent, pled guilty or nolo contendere in a comparable court in the United States, or who has been convicted, adjudicated delinquent, pled guilty or nolo contendere in the United States federal courts of indecent exposure or of a similar offense in other jurisdictions is required to register pursuant to the provisions of this article if the court makes a specific finding on the record that based on the circumstances of the case the convicted person should register as a sex offender;

(15) kidnapping (Section 16-3-910) of a person eighteen years of age or older 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;

(16) kidnapping (Section 16-3-910) of a person under eighteen years of age except when the offense is committed by a parent;

(17) criminal sexual conduct when the victim is a spouse (Section 16-3-658);

(18) sexual battery of a spouse (Section 16-3-615);

(19) sexual intercourse with a patient or trainee (Section 44-23-1150)."

Time effective

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

Ratified the 9th day of June, 1999.

Approved the 11th day of June, 1999.