H 5073 General Bill, By Allen
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 8
 TO CHAPTER 7, TITLE 1 SO AS TO AUTHORIZE THE ATTORNEY GENERAL TO CREATE AND
 ADMINISTER A STATE CRIMINAL DOMESTIC VIOLENCE REGISTRY IN ORDER TO MAINTAIN A
 LIST OF PERSONS CONVICTED OF CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND
 AGGRAVATED NATURE AND CRIMINAL DOMESTIC VIOLENCE THIRD OR SUBSEQUENT OFFENSE,
 TO PROVIDE PROCEDURES THAT MUST BE FOLLOWED IN THE MAINTENANCE OF THE
 REGISTRY, AND TO PROVIDE FOR CONFIDENTIALITY OF THE IDENTITY OF VICTIMS OF
 DOMESTIC VIOLENCE.

   03/22/12  House  Introduced and read first time (House Journal-page 10)
   03/22/12  House  Referred to Committee on Judiciary
                     (House Journal-page 10)

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 8 TO CHAPTER 7, TITLE 1 SO AS TO AUTHORIZE THE ATTORNEY GENERAL TO CREATE AND ADMINISTER A STATE CRIMINAL DOMESTIC VIOLENCE REGISTRY IN ORDER TO MAINTAIN A LIST OF PERSONS CONVICTED OF CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AND CRIMINAL DOMESTIC VIOLENCE THIRD OR SUBSEQUENT OFFENSE, TO PROVIDE PROCEDURES THAT MUST BE FOLLOWED IN THE MAINTENANCE OF THE REGISTRY, AND TO PROVIDE FOR CONFIDENTIALITY OF THE IDENTITY OF VICTIMS OF DOMESTIC VIOLENCE.

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

SECTION    1.    Chapter 7, Title 1 of the 1976 Code is amended by adding:

Section 1-7-1100.    (A)    In order to provide a statewide registry of offenders who have committed a criminal domestic violence offense pursuant to Article 1, Chapter 25, Title 16, the Attorney General is directed to create and administer the State Criminal Domestic Violence Registry. The Office of the Attorney General shall collect data transmitted to it from the courts for persons convicted of a criminal domestic violence offense and enter the data into the State Criminal Domestic Violence Registry.     Except as provided in subsection (D), the registry must be maintained by the Office of the Attorney General as a searchable database online.

(B)    Upon conviction of a person for a criminal domestic violence of a high and aggravated nature or criminal domestic violence third or subsequent offense, the clerk of court shall submit a copy of the conviction as expeditiously as possible to the Office of the Attorney General for inclusion of the person on the registry.

(C)    The Office of the Attorney General is directed to implement policies and procedures for submissions to the registry and shall implement a timely process for the entry of newly issued convictions for criminal domestic violence offenses and removal of records and names of the offenders in cases in which a conviction is overturned on appeal, an error in the submission occurred, or other appropriate circumstances defined by the Attorney General.

(D)    Information regarding the victim of a criminal domestic violence offense which is maintained in the registry which tends to reveal the identity or location of a victim does not constitute a public record and is not subject to disclosure pursuant to the provisions of Chapter 4, Title 30, the Freedom of Information Act; however, this information may be disclosed as necessary to the appropriate law enforcement agency for enforcement purposes of an order of protection from domestic violence or other law enforcement purpose."

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