S*1286 Session 111 (1995-1996)
S*1286(Rat #0503, Act #0444 of 1996) General Bill, By Senate Judiciary
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
20-7-2725 so as to prohibit day care centers or homes from employing persons
convicted of certain crimes or persons who are required to register under the
Sex Offender Registry Act; to provide that a person who has been convicted of
these disqualifying crimes who applies for employment with or is employed by
such a day care center is guilty of a misdemeanor and provide penalties for
violation, to require employment applications at these day care centers to
include a statement notifying an applicant of this criminal offense, to
require fingerprint reviews for employees and caregivers at these day care
centers, to allow temporary or provisional employment pending the completion
of the fingerprint review in certain circumstances, to waive fingerprint
reviews for certain persons, and to provide for the applicability of this
Section in regard to employees at these day care centers; to add Section
20-7-3092 so as to provide that fingerprint reviews are not required of
certain education personnel and licensed foster parents; to amend Section
17-22-90, relating to agreements required of offenders in pretrial
intervention programs, so as to provide that if the offense is committing or
attempting to commit a lewd act upon a child under sixteen years of age, the
offender in his agreement with the solicitor's office shall agree to allow
information about the offense to be made available to day care centers and
other facilities providing care to children; to amend Section 20-7-2700, as
amended, relating to definitions in regard to child day care facilities, so as
to revise certain exceptions as to what is not considered a child day care
facility; to amend Sections 20-7-2730, 20-7-2740, 20-7-2800, 20-7-2810,
20-7-2850, 20-7-2860, and 20-7-2900, all as amended, relating to day care
licensing, approval, registrations and renewals, so as to revise the criminal
offenses which preclude a person from obtaining a license, approval, or
registration, or renewal; to further provide for when fingerprint reviews are
required, to further provide for certain employment conditions at these
facilities, and to further provide for the licensing and approval process
regarding these faciliti
03/21/96 Senate Introduced, read first time, placed on calendar
without reference SJ-7
03/26/96 Senate Amended SJ-54
03/26/96 Senate Read second time SJ-54
03/27/96 Senate Read third time and sent to House SJ-20
03/28/96 House Introduced and read first time HJ-11
03/28/96 House Referred to Committee on Judiciary HJ-12
05/15/96 House Committee report: Favorable with amendment
Judiciary HJ-17
05/21/96 House Debate adjourned until Wednesday, May 22, 1996 HJ-117
05/22/96 House Debate interrupted HJ-44
05/22/96 House Amended HJ-69
05/22/96 House Read second time HJ-69
05/23/96 House Read third time and returned to Senate with
amendments HJ-22
05/28/96 Senate House amendment amended SJ-28
05/28/96 Senate Returned to House with amendments SJ-28
05/30/96 House Senate amendment amended HJ-72
05/30/96 House Returned to Senate with amendments HJ-72
05/30/96 Senate Concurred in House amendment and enrolled SJ-68
06/13/96 Ratified R 503
06/18/96 Signed By Governor
06/18/96 Effective date 06/18/96
07/09/96 Copies available
07/09/96 Act No. 444
(A444, R503, S1286)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING SECTION 20-7-2725 SO AS TO
PROHIBIT DAY CARE CENTERS OR HOMES FROM EMPLOYING
PERSONS CONVICTED OF CERTAIN CRIMES OR PERSONS WHO
ARE REQUIRED TO REGISTER UNDER THE SEX OFFENDER
REGISTRY ACT, TO PROVIDE THAT A PERSON WHO HAS BEEN
CONVICTED OF THESE DISQUALIFYING CRIMES WHO APPLIES
FOR EMPLOYMENT WITH OR IS EMPLOYED BY SUCH A DAY
CARE CENTER IS GUILTY OF A MISDEMEANOR AND PROVIDE
PENALTIES FOR VIOLATION, TO REQUIRE EMPLOYMENT
APPLICATIONS AT THESE DAY CARE CENTERS TO INCLUDE A
STATEMENT NOTIFYING AN APPLICANT OF THIS CRIMINAL
OFFENSE, TO REQUIRE FINGERPRINT REVIEWS FOR
EMPLOYEES AND CAREGIVERS AT THESE DAY CARE
CENTERS, TO ALLOW TEMPORARY OR PROVISIONAL
EMPLOYMENT PENDING THE COMPLETION OF THE
FINGERPRINT REVIEW IN CERTAIN CIRCUMSTANCES, TO
WAIVE FINGERPRINT REVIEWS FOR CERTAIN PERSONS, AND
TO PROVIDE FOR THE APPLICABILITY OF THIS SECTION IN
REGARD TO EMPLOYEES AT THESE DAY CARE CENTERS; TO
ADD SECTION 20-7-3092 SO AS TO PROVIDE THAT
FINGERPRINT REVIEWS ARE NOT REQUIRED OF CERTAIN
CERTIFIED EDUCATION PERSONNEL AND LICENSED FOSTER
PARENTS; TO AMEND SECTION 17-22-90, RELATING TO
AGREEMENTS REQUIRED OF OFFENDERS IN PRETRIAL
INTERVENTION PROGRAMS, SO AS TO PROVIDE THAT IF THE
OFFENSE IS COMMITTING OR ATTEMPTING TO COMMIT A
LEWD ACT UPON A CHILD UNDER SIXTEEN YEARS OF AGE,
THE OFFENDER IN HIS AGREEMENT WITH THE SOLICITOR'S
OFFICE SHALL AGREE TO ALLOW INFORMATION ABOUT THE
OFFENSE TO BE MADE AVAILABLE TO DAY CARE CENTERS
AND OTHER FACILITIES PROVIDING CARE TO CHILDREN; TO
AMEND SECTION 20-7-2700, AS AMENDED, RELATING TO
DEFINITIONS IN REGARD TO CHILD DAY CARE FACILITIES, SO
AS TO REVISE CERTAIN EXCEPTIONS AS TO WHAT IS NOT
CONSIDERED A CHILD DAY CARE FACILITY; TO AMEND
SECTIONS 20-7-2730, 20-7-2740, 20-7-2800, 20-7-2810, 20-7-2850,
20-7-2860, AND 20-7-2900, ALL AS AMENDED, RELATING TO
DAY CARE FACILITY LICENSING, APPROVAL, REGISTRATIONS,
AND RENEWALS, SO AS TO REVISE THE CRIMINAL OFFENSES
WHICH PRECLUDE A PERSON FROM OBTAINING A LICENSE,
APPROVAL, REGISTRATION, OR RENEWAL, TO FURTHER
PROVIDE FOR WHEN FINGERPRINT REVIEWS ARE REQUIRED,
TO FURTHER PROVIDE FOR CERTAIN EMPLOYMENT
CONDITIONS AT THESE FACILITIES, AND TO FURTHER
PROVIDE FOR THE LICENSING AND APPROVAL PROCESS
REGARDING THESE FACILITIES; TO AMEND SECTION 20-7-2905,
RELATING TO FEES FOR CRIMINAL HISTORY REVIEWS, SO AS
TO PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION
MAY NOT IMPOSE A FEE GREATER THAN THAT OF THE
FEDERAL BUREAU OF INVESTIGATION FOR CONDUCTING
SUCH REVIEWS; TO AMEND SECTION 20-7-3097, RELATING TO
FINGERPRINT REVIEWS OF EMPLOYEES OF THE DEPARTMENT
OF SOCIAL SERVICES IN ITS DAY CARE LICENSING OR CHILD
PROTECTIVE SERVICES DIVISION, SO AS TO REVISE THE LIST
OF CRIMES WHICH PRECLUDE THE EMPLOYMENT OF SUCH
PERSONS, PERMIT THE PROVISIONAL EMPLOYMENT OF THESE
EMPLOYEES UNDER CERTAIN CONDITIONS, AND TO MAKE IT
UNLAWFUL FOR A PERSON WHO HAS BEEN CONVICTED OF
ONE OF THE DISQUALIFYING CRIMES REFERENCED ABOVE TO
APPLY FOR SUCH EMPLOYMENT, TO PROVIDE FOR CERTAIN
PERSONS WHO ARE NOT REQUIRED TO UNDERGO A STATE
FINGERPRINT REVIEW, TO PROVIDE THAT PARTICIPATION IN
THE STATE EMPLOYEE ADOPTION ASSISTANCE PROGRAM IS
EXTENDED TO LOCAL LAW ENFORCEMENT OFFICERS; AND
TO AMEND ARTICLE 7, CHAPTER 3 OF TITLE 23, RELATING TO
THE SEX OFFENDER REGISTRY, SO AS TO FURTHER PROVIDE
FOR THE ADMINISTRATION OF THE REGISTRY BY THE STATE
LAW ENFORCEMENT DIVISION, FOR THE CRIMES AND OTHER
CIRCUMSTANCES FOR WHICH REGISTRATION IS REQUIRED,
AND FOR THE PERSONS TO WHOM THESE PROVISIONS APPLY,
TO FURTHER PROVIDE FOR THE CONDITIONS OF AND
PROCEDURES FOR REGISTRATION, TO REVISE THE PENALTIES
FOR FAILURE TO REGISTER, TO MAKE IT UNLAWFUL TO
KNOWINGLY GIVE FALSE INFORMATION WHEN REGISTERING
AND PROVIDE PENALTIES FOR VIOLATION, TO PROVIDE FOR
EXCEPTIONS AND MODIFICATIONS TO THE REGISTRATION
REQUIREMENTS, AND TO PROVIDE FOR THE MANNER IN
WHICH INFORMATION IN THE REGISTRY IS OPEN TO THE
PUBLIC AND MAY BE DISCLOSED.
Be it enacted by the General Assembly of the State of South
Carolina:
Day care center employment
SECTION 1. The 1976 Code is amended by adding:
"Section 20-7-2725. (A) No day care center, group day care
home, family day care home, or church or religious day care center may
employ a person or engage the services of a caregiver who is required to
register under the sex offender registry act pursuant to Section 23-3-430
or who has been convicted of:
(1) a crime listed in Chapter 3 of Title 16, Offenses Against the
Person;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against
Morality and Decency;
(3) the crime of contributing to the delinquency of a minor,
contained in Section 16-17-490;
(4) the felonies classified in Section 16-1-10(A);
(5) the offenses enumerated in Section 16-1-10(D); or
(6) a criminal offense similar in nature to the crimes listed in this
subsection committed in other jurisdictions or under federal law.
(B) A person who has been convicted of a crime enumerated in
subsection (A) who applies for employment with, is employed by, or is a
caregiver at a day care center, group day care home, family day care
home, or church or religious day care center is guilty of a misdemeanor
and, upon conviction, must be fined not more than five thousand dollars
or imprisoned not more than one year, or both.
(C) Application forms for employment at child day care centers,
group day care homes, family day care homes, or church or religious day
care centers must include, at the top of the form in large bold type, a
statement indicating that a person who has been convicted of a crime
enumerated in subsection (A) who applies for employment with, is
employed by, or seeks to provide caregiver services or is a caregiver at a
facility is guilty of a misdemeanor and, upon conviction, must be fined
not more than five thousand dollars or imprisoned not more than one
year, or both.
(D) To be employed by or to provide caregiver services at a day care
facility licensed, registered, or approved under this subarticle, a person
first shall undergo a state fingerprint review to be conducted by the State
Law Enforcement Division to determine any state criminal history and a
fingerprint review to be conducted by the Federal Bureau of Investigation
to determine any other criminal history. A person may be provisionally
employed or may provisionally provide caregiver services after the
favorable completion of the State Law Enforcement Division fingerprint
review and until such time as the Federal Bureau of Investigation review
is completed if the person affirms in writing on a form provided by the
department that he or she has not been convicted of any crime
enumerated in this section. The results of the fingerprint reviews are
valid and reviews are not required to be repeated as long as the person
remains employed by or continues providing caregiver services in a day
care center, group day care home, family day care home, or church or
religious day care center; however, if a person is not employed or does
not provide caregiver services for one year or longer, the fingerprint
reviews must be repeated.
(E) Unless otherwise required by law, this section does not apply to
volunteers in a day care center, group day care home, family day care
home, or church or religious day care center. For purposes of this
section, `volunteer' means a person who:
(1) provides services without compensation relating to the operation
of a day care center, group day care home, family day care home, or
church or religious day care center; and
(2) is in the presence of an operator, employee, or caregiver when
providing direct care to children.
`Volunteer' includes, but is not limited to, parents, grandparents,
students, and student teachers.
(F) Unless otherwise required by law, this section applies to:
(1) an employee who provides care to the child or children without
the direct personal supervision of a person licensed, registered, or
approved under this subarticle; and
(2) any other employee at a facility licensed, registered, or approved
under this subarticle who has direct access to a child outside the
immediate presence of a person who has undergone the fingerprint
review required under this subarticle."
Fingerprint reviews not required
SECTION 2. The 1976 Code is amended by adding:
"Section 20-7-3092. The fingerprint reviews required by this
subarticle are not required of a certified education personnel who has
undergone a fingerprint review pursuant to Section 59-26-40 or of a
person licensed as a foster parent who has undergone a state and federal
fingerprint review pursuant to Section 20-7-1640, and the results of these
reviews have been submitted to the department and the person has
remained employed since the review in certified education or licensed as
a foster parent or the reviews have been conducted within the preceding
year."
Agreement to allow information to be made available
SECTION 3. Section 17-22-90 of the 1976 Code is amended to read:
"Section 17-22-90. An offender who enters an intervention
program shall:
(1) waive, in writing and contingent upon his successful completion
of the program, his or her right to a speedy trial;
(2) agree, in writing, to the tolling while in the program of all
periods of limitation established by statutes or rules of court;
(3) agree, in writing, to the conditions of the intervention program
established by the solicitor;
(4) in the event there is a victim of the crime, agree, in writing, to
make restitution to the victim within a specified period of time and in an
amount to be determined by the solicitor;
(5) agree, in writing, that any records relating to participation in
pretrial intervention or information obtained through pretrial intervention
is not admissible as evidence in subsequent proceedings, criminal or civil,
and communication between pretrial intervention counselors and
defendants shall remain as privileged communication unless a court of
competent jurisdiction determines that there is a compelling public
interest that such communication be revealed. In no case shall a written
admission of guilt be required of a defendant prior to acceptance nor
prior to completion of the pretrial intervention program; and
(6) if the offense is committing or attempting to commit a lewd act
upon a child under the age of sixteen years pursuant to Section
16-15-140, agree in the agreement between the solicitor's office and the
offender provided for in Section 17-22-120 to allow information about
the offense to be made available to day care centers, group day care
homes, family day care homes, church or religious day care centers, and
other facilities providing care to children and related agencies by the
State Law Enforcement Division pursuant to regulations which the State
Law Enforcement Division shall promulgate."
Exception revised
SECTION 4. Section 20-7-2700b.(6) of the 1976 Code is amended to
read:
"(6) school vacation or school holiday resident or day camps
for children;"
Crimes revised; fingerprint reviews; employment conditions
revised
SECTION 5. Section 20-7-2730(F) and (G) of the 1976 Code, as last
amended by Act 54 of 1995, is further amended to read:
"(F) Application forms for licenses issued under this section
must include, at the top of the form in large bold type, a statement
indicating that a person who has been convicted of a crime enumerated in
subsection (E) who applies for a license as an operator is guilty of a
misdemeanor and, upon conviction, must be fined not more than five
thousand dollars or imprisoned not more than one year, or both.
(G) A person applying for a license as an operator under this section
shall undergo a state fingerprint review to be conducted by the State Law
Enforcement Division to determine any state criminal history and a
fingerprint review to be conducted by the Federal Bureau of Investigation
to determine any other criminal history. The fingerprint reviews required
by this subsection are not required upon each renewal."
Crimes revised; fingerprint reviews; employment conditions
revised
SECTION 6. Section 20-7-2740(E) and (F) of the 1976 Code, as last
amended by Act 54 of 1995, is further amended to read:
"(E) Application forms for license renewals issued under this
section must include, at the top of the form in large bold type, a
statement indicating that a person who has been convicted of a crime
enumerated in subsection (D) who applies for a license renewal as
operator is guilty of a misdemeanor and, upon conviction, must be fined
not more than five thousand dollars or imprisoned not more than one
year, or both.
(F) A licensee seeking license renewal under this section, its
employees, and its caregivers, who have not done so previously, on the
first renewal after June 30, 1995, shall undergo a state fingerprint review
to be conducted by the State Law Enforcement Division to determine any
state criminal history and a fingerprint review to be conducted by the
Federal Bureau of Investigation to determine any other criminal
history."
Fingerprint reviews; employment conditions revised; crimes
revised
SECTION 7. Section 20-7-2800(C) and (E) of the 1976 Code, as added
by Act 54 of 1995, is amended to read:
"(C) A person applying for approval under this section shall
undergo a state fingerprint review to be conducted by the State Law
Enforcement Division to determine any state criminal history and a
fingerprint review to be conducted by the Federal Bureau of Investigation
to determine any other criminal history. The fingerprint reviews required
by this subsection are not required upon each renewal.
(E) Application forms for a statement of standard conformity or
approval issued under this section must include, at the top of the form in
large bold type, a statement indicating that a person who has been
convicted of a crime enumerated in subsection (D) who applies for
approval is guilty of a misdemeanor and, upon conviction, must be fined
not more than five thousand dollars or imprisoned not more than one
year, or both."
Fingerprint reviews; employment conditions revised; crimes
revised
SECTION 8. Section 20-7-2810(D) and (E) of the 1976 Code, as added
by Act 54 of 1995, is amended to read:
"(D) A person applying for approval renewal under this section,
a person who will operate the facility, and its employees and caregivers,
who have not done so previously, on the first approval renewal after June
30, 1995, shall undergo a state fingerprint review to be conducted by the
State Law Enforcement Division to determine any state criminal history
and a fingerprint review to be conducted by the Federal Bureau of
Investigation to determine any other criminal history.
No approval may be renewed under this section if the person
applying for renewal, the operator of the facility, or an employee or a
caregiver has been convicted of:
(1) a crime listed in Chapter 3 of Title 16, Offenses Against the
Person;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against
Morality and Decency;
(3) the crime of contributing to the delinquency of a minor,
contained in Section 16-17-490;
(4) the felonies classified in Section 16-1-10(A);
(5) the offenses enumerated in Section 16-1-10(D); or
(6) a criminal offense similar in nature to the crimes listed in this
subsection committed in other jurisdictions or under federal law.
(E) Application forms for renewal of a statement of standard
conformity or approval issued under this section must include, at the top
of the form in large bold type, a statement indicating that a person who
has been convicted of a crime enumerated in subsection (D) who applies
for approval renewal is guilty of a misdemeanor and, upon conviction,
must be fined not more than five thousand dollars or imprisoned not
more than one year, or both."
Fingerprint reviews, crimes revised; employment conditions
revised
SECTION 9. Section 20-7-2850(C), (D), and (E) of the 1976 Code, as
added by Act 54 of 1995, is amended to read:
"(C) A person applying to become a registered operator of a
family day care home under this section and a person fifteen years of age
or older living in the family day care home shall undergo a state
fingerprint review to be conducted by the State Law Enforcement
Division to determine any state criminal history and a fingerprint review
to be conducted by the Federal Bureau of Investigation to determine any
other criminal history. The fingerprint reviews required by this
subsection are not required upon each renewal.
(D) No applicant may be registered as an operator if the person, an
employee, a caregiver, or a person fifteen years of age or older living in
the family day care home has been convicted of:
(1) a crime listed in Chapter 3 of Title 16, Offenses Against the
Person;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against
Morality and Decency;
(3) the crime of contributing to the delinquency of a minor,
contained in Section 16-17-490;
(4) the felonies classified in Section 16-1-10(A);
(5) the offenses enumerated in Section 16-1-10(D); or
(6) a criminal offense similar in nature to the crimes listed in this
subsection committed in other jurisdictions or under federal law.
(E) Application forms for registration issued under this section must
include, at the top of the form in large bold type, a statement indicating
that a person who has been convicted of a crime enumerated in
subsection (D) who applies for registration as operator or a person who
applies for registration as an operator who has a person fifteen years of
age or older living in the family day care home who has been convicted
of a crime enumerated in subsection (D) is guilty of a misdemeanor and,
upon conviction, must be fined not more than five thousand dollars or
imprisoned not more than one year, or both."
Fingerprint reviews; crimes revised
SECTION 10. Section 20-7-2860(C) of the 1976 Code, as added by Act
54 of 1995, is amended to read:
"(C) A person applying for renewal of registration as an
operator of a family day care home registered under this chapter and a
person employed or providing caregiver services at a family day care
home registered under this chapter, who has not done so previously, on
the first renewal after June 30, 1996, shall undergo a state fingerprint
review to be conducted by the State Law Enforcement Division to
determine any state criminal history and a fingerprint review to be
conducted by the Federal Bureau of Investigation to determine any other
criminal history.
Application forms for registration renewal issued under this section
must include, at the top of the form in large bold type, a statement
indicating that a person who has been convicted of a crime enumerated in
Section 20-7-2850(D) who applies for registration as an operator or a
person who applies for registration as an operator who has a person
fifteen years of age or older living in the home who has been convicted
of a crime enumerated in Section 20-7-2850(D) is guilty of a
misdemeanor and, upon conviction, must be fined not more than five
thousand dollars or imprisoned not more than one year, or
both."
Crimes revised; employment conditions revised; fingerprint
reviews
SECTION 11. Section 20-7-2900(C), (D), and (G) of the 1976 Code, as
added by Act 54 of 1995, is amended to read:
"(C) Application forms for licensure or registration issued under
this subarticle must include, at the top of the form in large bold type, a
statement indicating that a person who has been convicted of a crime
enumerated in this section who applies for a license or registration as
operator is guilty of a misdemeanor and, upon conviction, must be fined
not more than five thousand dollars or imprisoned not more than one
year, or both.
(D) A person applying for a license or registration as an operator of a
church or religious day care center shall undergo a state fingerprint
review to be conducted by the State Law Enforcement Division to
determine any state criminal history and a fingerprint review to be
conducted by the Federal Bureau of Investigation to determine any other
criminal history. The fingerprint reviews required by this subsection are
not required upon each renewal.
(G) A person applying for renewal of a license or registration as an
operator of a church or religious day care center licensed or registered
under this chapter and a person employed or registered under this
chapter, who has not done so previously, on the first renewal after June
30, 1996, shall undergo a state fingerprint review to be conducted by the
State Law Enforcement Division to determine any state criminal history
and a fingerprint review to be conducted by the Federal Bureau of
Investigation to determine any other criminal history."
Fee allowed
SECTION 12. Section 20-7-2905 of the 1976 Code, as added by Act 54
of 1995, is amended to read:
"Section 20-7-2905. For conducting a state criminal history
review as required by this subarticle, the State Law Enforcement Division
may not impose a fee greater than the fee imposed by the Federal Bureau
of Investigation for conducting such a review."
Fingerprint review of Department of Social Services personnel;
provisional employment
SECTION 13. Section 20-7-3097 of the 1976 Code, as added by Act 54
of 1995, is amended to read:
"Section 20-7-3097. (A) Before the Department of Social
Services employs a person in its day care licensing or child protective
services divisions, the person shall undergo a state fingerprint review to
be conducted by the State Law Enforcement Division to determine any
state criminal history and a fingerprint review to be conducted by the
Federal Bureau of Investigation to determine any other criminal history.
No person may be employed in these divisions if the person has been
convicted of or pled guilty or nolo contendere to any crime listed in
Section 20-7-2725(A).
(B) Notwithstanding subsection (A) or any other provision of law, a
person may be provisionally employed in the day care licensing or child
protective services divisions upon receipt and review of the results of the
State Law Enforcement Division fingerprint review if the results show no
convictions of the crimes referenced in subsection (A). Pending receipt
of the results of the Federal Bureau of Investigation fingerprint review,
the department must obtain from the prospective employee a written
affirmation on a form provided by the department that the employee has
not been convicted of any crime referenced in subsection (A).
(C) A person who has been convicted of a crime referenced in
subsection (A) who applies for employment with the day care licensing
or child protective services divisions is guilty of a misdemeanor and,
upon conviction, must be fined not more than five thousand dollars or
imprisoned not more than one year, or both."
Fingerprint review exception
SECTION 14. Notwithstanding any provision of this act, no operator or
employee of or person providing caregiver services at a child day care
center, group day care home, family day care home, or church or
religious day care center is required to undergo a state fingerprint review
conducted by the State Law Enforcement Division or the Federal Bureau
of Investigation if the person continuously has operated or has been
employed by or has provided caregiver services in a child day care
center, group day care home, family day care home, or church or
religious day care center in this State since July 1, 1991, and, as of this
act's effective date, the person has undergone a criminal record check
from the State Law Enforcement Division. Following this act's effective
date, if the person no longer operates or is not employed by or does not
provide caregiver services in a child day care center, group day care
home, family day care home, or church or religious day care center for
one year or longer, the person must comply with the fingerprint
requirements of this act. Additionally, no person fifteen years of age or
older who, on this act's effective date, lives in the home of a person who
is a registered operator of a family day care home is required to undergo
the state fingerprint review as required by Section 20-7-2850(C) of the
1976 Code, as amended in Section 9 of this act.
Local law enforcement offices may participate
SECTION 15. Eligibility for participation in the State Employee
Adoption Assistance Program established pursuant to Section 2(15) of
Joint Resolution 528 of 1994 is extended to local law enforcement
officers. All provisions applicable to that program apply with respect to
this newly eligible class, mutatis mutandis.
Sex Offender Registry provisions revised
SECTION 16. Article 7, Chapter 3, Title 23 of the 1976 Code, as added
by Act 497 of 1994, is amended to read:
"Article 7
Sex Offender Registry
Section 23-3-400. The intent of this article is to promote the state's
fundamental right to provide for public health, welfare, and safety of its
citizens. Notwithstanding this legitimate state purpose, these provisions
are not intended to violate the guaranteed constitutional rights of those
who have violated our nation's laws.
The sex offender registry will provide law enforcement with the tools
needed in investigating criminal offenses. Statistics show that sex
offenders often pose a high risk of re-offending. Additionally, law
enforcement's efforts to protect communities, conduct investigations, and
apprehend offenders who commit sex offenses, are impaired by the lack
of information about these convicted offenders who live within the law
enforcement agency's jurisdiction.
Section 23-3-410. The registry is under the direction of the chief of
the State Law Enforcement Division (SLED) and shall contain
information the chief considers 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 persons may gain access to information gathered under this
article.
Section 23-3-420. The State Law Enforcement Division shall
promulgate regulations 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, adjudicated delinquent,
pled guilty or nolo contendere in this State of an offense described
below, or who has been convicted, adjudicated delinquent, pled guilty or
nolo contendere in any 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 a similar offense, or who has been
convicted of, adjudicated delinquent of, pled guilty or nolo contendere to
an offense for which the person was required to register in the state
where the conviction or plea occurred shall be required to register
pursuant to the provisions of this 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 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), or consensual sexual conduct between persons under the age
of sixteen, 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 fourteen
(Section 16-15-140);
(12) eavesdropping or peeping (Section 16-17-470);
(13) violations of Article 3, Chapter 15 of Title 16 involving a
minor which violations are felonies;
(14) A person, regardless of age, who has been convicted, pled
guilty or nolo contendere in this State, or who has been convicted, pled
guilty or nolo contendere in a comparable court in the United States, or
who has been convicted, 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.
(D) Upon conviction, adjudication of delinquency, guilty plea or plea
of nolo contendere 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 23-3-440. (1) Prior to an offender's release from the
Department of Corrections after completion of the term of imprisonment,
or being placed on parole, the Department of Corrections or the
Department of Probation, Parole, and Pardon Services, as applicable,
shall notify the sheriff of the county where the offender intends to reside
and SLED that the offender is being released and has provided an
address within the jurisdiction of the sheriff for that county. The
Department of Corrections shall provide verbal and written notification to
the offender that he must register with the sheriff of the county in which
he intends to reside within twenty-four hours of his release. Further, the
Department of Corrections shall obtain descriptive information of the
offender, including a current photograph prior to release.
(2) The Department of Probation, Parole, and Pardon Services shall
notify SLED and the sheriff of the county where an offender is residing
when the offender is sentenced to probation or is a new resident of the
State who must be supervised by the department. The Department of
Probation, Parole, and Pardon Services also shall provide verbal and
written notification to the offender that he must register with the sheriff
of the county in which he intends to reside. An offender who is
sentenced to probation must register within ten days of sentencing.
Further, the Department of Probation, Parole, and Pardon Services shall
obtain descriptive information of the offender, including a current
photograph that is to be updated annually prior to expiration of the
probation sentence.
(3) The Department of Juvenile Justice shall notify SLED and the
sheriff of the county where an offender is residing when the offender is
released from a Department of Juvenile Justice facility or when the
Department of Juvenile Justice is required to supervise the actions of the
juvenile. The Department of Juvenile Justice must provide verbal and
written notification to the juvenile and his parent, legal guardian, or
custodian that the juvenile must register with the sheriff of the county in
which the juvenile resides. The juvenile must register within twenty-four
hours of his release or within ten days if he was not confined to a
Department of Juvenile Justice's facility.
(4) The Department of Corrections, the Department of Probation,
Parole, and Pardon Services, and the Department of Juvenile Justice shall
provide to SLED the initial registry information regarding the offender
prior to his release from imprisonment or relief of supervision. This
information shall be collected in the event the offender fails to register
with his county sheriff.
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 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 and shall establish specific times of the day
during which 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 article 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.
Any person required to register under this article who moves to South
Carolina from another state and is not under the jurisdiction of the
Department of Corrections, the Department of Probation, 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 in this State.
The South Carolina Department of Public Safety, Division of Motor
Vehicles, shall inform, in writing, any new resident who applies for a
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. If an offender fails to register as required by
this article, he must be punished as provided in subsection (B).
(B)(1) A person convicted for a first offense is guilty of a
misdemeanor and must be imprisoned for a mandatory period of ninety
days, no part of which shall be suspended nor probation granted.
(2) A person convicted for a second offense is guilty of a
misdemeanor and must be imprisoned for a mandatory period of one
year, no part of which shall be suspended nor probation granted.
(3) A person convicted for a third or subsequent offense is guilty of
a felony and must be imprisoned for a mandatory period of five years,
three years of which shall not be suspended nor probation granted.
Section 23-3-475. (A) Anyone who knowingly and wilfully gives false
information when registering as an offender pursuant to this article must
be punished as provided in subsection (B).
(B)(1) A person convicted for a first offense is guilty of a
misdemeanor and must be imprisoned for a mandatory period of ninety
days, no part of which shall be suspended nor probation granted.
(2) A person convicted for a second offense is guilty of a
misdemeanor and must be imprisoned for a mandatory period of one
year, no part of which shall be suspended nor probation granted.
(3) A person convicted for a third or subsequent offense is guilty of
a felony and must be imprisoned for a mandatory period of five years,
three years of which shall not be suspended nor probation granted.
Section 23-3-480. (A) An arrest on charges of failure to register,
service of an information or 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. This person shall register within ten days of the
notification of the duty to register.
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 information regarding a specific person who is 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) 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."
Severability
SECTION 17. If any provision of this act or the application thereof to
any person is held invalid, the invalidity shall not affect other provisions
or applications of the act which can be given effect without the invalid
provision or application and to this end the provisions of this act are
severable.
Time effective
SECTION 18. This act takes effect upon approval by the Governor.
Approved the 18th day of June, 1996. |