S 619 Session 111 (1995-1996)
S 0619 General Bill, By L.E. Richter
A Bill to amend Sections 23-3-410 and 23-3-420, Code of Laws of South
Carolina, 1976, relating to the operation and regulation of the Sex Offender
Registry by the State Law Enforcement Division (SLED), so as to make technical
changes; to amend Section 23-3-430, relating to particular convictions which
render a person a "sex offender", so as to provide that a person who remains
in this State for thirty days is a resident; to amend Section 23-3-450,
relating to registration with the county sheriff, so as to authorize the
county sheriff to establish specific times of the day during which an offender
may register; to amend Section 23-3-460, relating to the lifetime annual
registration by an offender, so as to make technical changes; to amend Section
23-3-470, relating to the penalties for failure to register, so as to revise
the penalties; and to amend Section 23-3-480, relating to notice of the duty
to register, so as to provide that a person convicted of an offense provided
in Section 23-3-420 prior to July 1, 1994, does not have to register unless
the person has been served notice of the duty to register by the sheriff of
the county in which the person resides, in which case such person shall
register within ten days of such notification of the duty to register.
03/08/95 Senate Introduced and read first time SJ-10
03/08/95 Senate Referred to Committee on Judiciary SJ-10
A BILL
TO AMEND SECTIONS 23-3-410 AND 23-3-420, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE
OPERATION AND REGULATION OF THE SEX OFFENDER
REGISTRY BY THE STATE LAW ENFORCEMENT DIVISION
(SLED), SO AS TO MAKE TECHNICAL CHANGES; TO
AMEND SECTION 23-3-430, RELATING TO PARTICULAR
CONVICTIONS WHICH RENDER A PERSON A "SEX
OFFENDER", SO AS TO PROVIDE THAT A PERSON
WHO REMAINS IN THIS STATE FOR THIRTY DAYS IS A
RESIDENT; TO AMEND SECTION 23-3-450, RELATING TO
REGISTRATION WITH THE COUNTY SHERIFF, SO AS TO
AUTHORIZE THE COUNTY SHERIFF TO ESTABLISH
SPECIFIC TIMES OF THE DAY DURING WHICH AN
OFFENDER MAY REGISTER; TO AMEND SECTION 23-3-460,
RELATING TO THE LIFETIME ANNUAL REGISTRATION BY
AN OFFENDER, SO AS TO MAKE TECHNICAL CHANGES;
TO AMEND SECTION 23-3-470, RELATING TO THE
PENALTIES FOR FAILURE TO REGISTER, SO AS TO REVISE
THE PENALTIES; AND TO AMEND SECTION 23-3-480,
RELATING TO NOTICE OF THE DUTY TO REGISTER, SO AS
TO PROVIDE THAT A PERSON CONVICTED OF AN
OFFENSE PROVIDED IN SECTION 23-3-420 PRIOR TO JULY
1, 1994, AND WHO WAS RELEASED FROM CUSTODY PRIOR
TO JULY 1, 1994, DOES NOT HAVE TO REGISTER UNLESS
THE PERSON HAS BEEN SERVED NOTICE OF THE DUTY
TO REGISTER BY THE SHERIFF OF THE COUNTY IN
WHICH THE PERSON RESIDES, IN WHICH CASE SUCH
PERSON SHALL REGISTER WITHIN TEN DAYS OF SUCH
NOTIFICATION OF THE DUTY TO REGISTER.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Sections 23-3-410, 23-3-420, and 23-3-430 of the
1976 Code are amended to read:
"Section 23-3-410. The registry is under the direction of
the chief of the State Law Enforcement Division (SLED) and
may be organized and structured in a manner as shall
contain information the chief considers appropriate to
ensure the availability of information regarding necessary to
assist law enforcement in the location of persons convicted of
certain offenses. SLED shall develop and operate the registry to
collect, analyze, and maintain information, to make information
available to every enforcement agency in this State and in other
states, and to establish a security system to ensure that only
authorized personnel may gain access to information gathered under
this article.
Section 23-3-420. The State Law Enforcement Division shall
promulgate regulations prescribing:
(1) procedures for accepting and disseminating information
maintained;
(2) the confidentiality of the data and information maintained in
the registry;
(3) the proper disposition of all obsolete data;
(4) forms necessary for the efficient and proper operation of the
registry to implement the provisions of this article.
Section 23-3-430. (A) Any person, regardless of age,
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.
(B) For purposes of this article, a person who remains in
this State for a total of thirty days during a twelve-month period is
a resident of this State.
(C) For purposes of this article, a person convicted of
any of these 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 (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.
(D) Upon conviction of a person of an offense not listed in
this article, the presiding judge may order as a condition of
sentencing that the person be included in the sex offender registry,
if good cause is shown by the solicitor."
SECTION 2. Sections 23-3-450, 23-3-460, 23-3-470, and
23-3-480 of the 1976 Code are amended to read:
"Section 23-3-450. The offender shall register with the
sheriff of the county in which he resides. To register, the offender
must provide information as prescribed by the SLED. The
county sheriff shall then forward to SLED the registry information
and any updated information regarding the offender. A copy of this
information must be kept by the sheriff's department. The
county sheriff shall ensure that all information required by SLED is
secured, including the establishment of specific times of the day
during an offender may register. An offender shall not be
considered to have registered until all information prescribed by
SLED has been obtained.
Section 23-3-460. Any person required to register under this
article shall be required to register annually for a period of life. The
offender shall register at the sheriff's department in the county
where he resides.
If any person required to register under this article changes his
address within the same county, that person must send written
notice of the change of address to the county sheriff within ten days
of establishing the new residence.
If any person required to register under this section changes his
address into another county in South Carolina, the person must
register with the county sheriff in the new county within ten days of
establishing the new residence. The person must also provide
written notice within ten days of the change of address in the
previous county to the county sheriff with whom the person last
registered.
If any person required to register under this article moves outside
of South Carolina, the person must provide written notice within ten
days of the change of address to a new state to the county sheriff
with whom the person last registered.
If any Any person required to register under this
article who moves to South Carolina from another state and
is not under the jurisdiction of the State Department of
Corrections, the State Department of
Probation, and Parole, and Pardon Services,
or the Department of Juvenile Justice at the time of moving to
South Carolina, must register within sixty days of establishing
residence, or re-establishing residence, if the person is a former
South Carolina resident in this State.
The South Carolina Department of Motor Vehicles shall
inform, in writing to, any new resident who
applies for a drivers driver's license, a chauffeur's
license, vehicle tag, or a state identification card of
the obligation of those offenders to register.
Section 23-3-470. (A) It is the duty of the offender to
contact the sheriff in order to register. The failure of an offender to
register as required by this article is a felony and, upon
conviction, the offender must be: shall be punished as
provided in subsection (B).
(1) fined one thousand dollars and sentenced to a
mandatory ninety days in jail for a first or second offense. In no
event does the court have the power to absolve a person who
willfully violates this section; and
(2) sentenced to a mandatory one year not to exceed five
years imprisonment and may be fined one thousand dollars for a
third or subsequent offense. In no event does the court have the
power to absolve a person who willfully violates this section from
the obligation of serving at least one year of imprisonment
(B)(1) A person convicted for a first offense is guilty of a
misdemeanor and shall be sentenced to imprisonment for a
mandatory period of ninety days, no part of which shall be
suspended or probation granted.
(2) A person convicted for a second offense is guilty of a
misdemeanor and shall be sentenced to imprisonment for a
mandatory period of one year, no part of which shall be suspended
or probation granted.
(3) A person convicted for a third or subsequent offense is
guilty of a felony and shall be sentenced to imprisonment for a
mandatory period of five years, three years of which shall not be
suspended or probation granted.
Section 23-3-480. (A) An arrest on charges of failure to
register, service of an information, or a complaint for
failure to register, or arraignment on charges of failure to register,
constitutes actual notice of the duty to register. A person charged
with the crime of failure to register who asserts as a defense the
lack of notice of the duty to register shall register immediately
following actual notice through arrest, service, or arraignment.
Failure to register after notice as required by this article constitutes
grounds for filing another charge of failure to register. Registering
following arrest, service, or arraignment on charges does not relieve
the offender from the criminal penalty for failure to register before
the filing of the original charge.
(B) Section 23-3-470 shall not apply to a person convicted
of an offense provided in Section 23-3-420 prior to July 1, 1994,
and who was released from custody prior to July 1, 1994, unless the
person has been served notice of the duty to register by the sheriff
of the county in which the person resides. Such person shall
register within ten days of such notification of the duty to
register."
SECTION 3. This act takes effect upon approval by the
Governor.
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