H*4805 Session 112 (1997-1998)
H*4805(Rat #0517, Act #0384 of 1998) General Bill, By McGee, Barrett, J. Brown,
Campsen, Clyburn, Easterday, Fleming, Gourdine, Harrell, Harrison, Haskins,
B.L. Jordan, M.H. Kinon, Kirsh, Klauber, Knotts, Limehouse, Martin, McKay,
Meacham, Moody-Lawrence, Robinson, Simrill, Spearman, Stuart, Wilkins and
Woodrum
A BILL TO AMEND ARTICLE 7, CHAPTER 3, TITLE 23, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE SEX OFFENDER REGISTRY, SO AS TO FURTHER
PROVIDE FOR THE REGISTRATION OF JUVENILES, INCLUDING REQUIRING THE PARENTS OF
A JUVENILE TO ENSURE THAT THE JUVENILE REGISTERS; DELETING EAVESDROPPING FROM
AND ADDING KIDNAPPING, IF A SEXUAL OFFENSE IS INVOLVED, TO THE CRIMES
REQUIRING REGISTRATION; TO REVISE CERTAIN REGISTRATION PROCEDURES AND
PROCEDURES FOR OBTAINING INFORMATION, INCLUDING SPECIFICATIONS FOR OBTAINING
REGISTRY INFORMATION ON JUVENILES; TO REQUIRE THAT THE PSYCHIATRIC OR
PSYCHOLOGICAL TREATMENT BE PROVIDED TO JUVENILES WHO HAVE COMMITTED CRIMES
REQUIRING REGISTRATION; TO PROVIDE CRIMINAL PENALTIES FOR USING INFORMATION
FROM THE REGISTRY IN THE COMMISSION OF A CRIME, AND TO PROVIDE IMMUNITY FROM
LIABILITY; TO AMEND SECTION 20-7-7805 RELATING TO FAMILY COURT DISPOSITIONAL
AUTHORITY IN JUVENILE DELINQUENCY PROCEEDINGS, SO AS TO REQUIRE THE COURT TO
ORDER PSYCHIATRIC OR PSYCHOLOGICAL TREATMENT WHEN A JUVENILE HAS COMMITTED AN
OFFENSE REQUIRING REGISTRATION WITH THE SEX OFFENDER REGISTRY; AND TO AMEND
SECTION 20-7-8510 RELATING TO CONFIDENTIALITY AND DISCLOSURE OF JUVENILE
RECORDS, SO AS TO PROVIDE THAT SUCH RECORDS ARE SUBJECT TO DISCLOSURE PURSUANT
TO THE SEX OFFENDER REGISTRY.-AMENDED TITLE
03/12/98 House Introduced and read first time HJ-40
03/12/98 House Referred to Committee on Judiciary HJ-41
04/22/98 House Committee report: Favorable with amendment
Judiciary HJ-47
04/23/98 House Member(s) added as co-sponsor(s): Rep(s) Robinson HJ-12
04/23/98 House Debate adjourned until Tuesday, April 28, 1998 HJ-19
04/28/98 House Amended HJ-26
04/28/98 House Read second time HJ-35
04/29/98 House Read third time and sent to Senate HJ-16
04/30/98 Senate Introduced and read first time SJ-11
04/30/98 Senate Referred to Committee on Judiciary SJ-11
05/20/98 Senate Committee report: Favorable with amendment
Judiciary SJ-29
05/26/98 Senate Amended SJ-53
05/26/98 Senate Read second time SJ-53
05/26/98 Senate Ordered to third reading with notice of
amendments SJ-53
06/02/98 Senate Amended SJ-60
06/02/98 Senate Read third time and returned to House with
amendments SJ-60
06/04/98 House Concurred in Senate amendment and enrolled HJ-14
06/10/98 Ratified R 517
06/12/98 Signed By Governor
06/12/98 Effective date 06/12/98
06/19/98 Copies available
06/30/98 Act No. 384
(A384, R517, H4805)
AN ACT TO AMEND ARTICLE 7, CHAPTER 3, TITLE 23, CODE
OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SEX
OFFENDER REGISTRY, SO AS TO FURTHER PROVIDE FOR THE
REGISTRATION OF JUVENILES, INCLUDING REQUIRING THE
PARENTS OF A JUVENILE TO ENSURE THAT THE JUVENILE
REGISTERS; DELETING EAVESDROPPING FROM AND ADDING
KIDNAPPING, IF A SEXUAL OFFENSE IS INVOLVED, TO THE
CRIMES REQUIRING REGISTRATION; TO REVISE CERTAIN
REGISTRATION PROCEDURES AND PROCEDURES FOR
OBTAINING INFORMATION, INCLUDING SPECIFICATIONS FOR
OBTAINING REGISTRY INFORMATION ON JUVENILES; TO
REQUIRE THAT PSYCHIATRIC OR PSYCHOLOGICAL
TREATMENT BE PROVIDED TO JUVENILES WHO HAVE
COMMITTED CRIMES REQUIRING REGISTRATION; TO PROVIDE
CRIMINAL PENALTIES FOR USING INFORMATION FROM THE
REGISTRY IN THE COMMISSION OF A CRIME, AND TO PROVIDE
IMMUNITY FROM LIABILITY; TO AMEND SECTION 20-7-7805
RELATING TO FAMILY COURT DISPOSITIONAL AUTHORITY IN
JUVENILE DELINQUENCY PROCEEDINGS, SO AS TO REQUIRE
THE COURT TO ORDER PSYCHIATRIC OR PSYCHOLOGICAL
TREATMENT WHEN A JUVENILE HAS COMMITTED AN
OFFENSE REQUIRING REGISTRATION WITH THE SEX
OFFENDER REGISTRY; AND TO AMEND SECTION 20-7-8510
RELATING TO CONFIDENTIALITY AND DISCLOSURE OF
JUVENILE RECORDS, SO AS TO PROVIDE THAT SUCH RECORDS
ARE SUBJECT TO DISCLOSURE PURSUANT TO THE SEX
OFFENDER REGISTRY.
Be it enacted by the General Assembly of the State of South Carolina:
Article revised
SECTION 1. Article 7, Chapter 3 of Title 23 of the 1976 Code, as last
amended by Act 444 of 1996, is further 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 the 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 in this State has been convicted of,
adjudicated delinquent for, pled guilty or nolo contendere to 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 for, 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 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 (Section
16-3-655(2) and (3). 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 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
which violations are felonies;
(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) except when the court makes a
finding on the record that the offense did not include a criminal sexual
offense.
(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.
(E) SLED shall remove a person's name and any other information
concerning that person from the sex offender registry immediately upon
notification by the Attorney General that the person's adjudication,
conviction, guilty plea, or plea of nolo contendere for an offense listed in
Section 23-3-430(C) was reversed, overturned, or vacated on appeal and
a final judgment has been rendered.
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. The parents or legal guardian of
a person under seventeen years of age who is required to register under
this chapter must ensure that the person has registered.
(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 sheriff in the county in which
the offender resides shall forward all required registration information to
SLED within five business days. 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 provided to the sheriff.
Section 23-3-460. Any person required to register under this article
shall be required to register annually for life. The offender shall register
at the sheriff's department in the county where he resides. A person
determined by a court to be a sexually violent predator pursuant to state
law is required to verify registration and be photographed every ninety
days by the sheriff's department in the county in which he resides unless
the person is committed to the custody of the State, whereby verification
shall be held in abeyance until his release.
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 ten days of establishing
residence in this State.
The sheriff of the county in which the person resides must forward all
changes to any information provided by a person required to register
under this article to SLED within five business days.
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, chauffeur's license, vehicle tag, or state identification card
of the obligation of sex offenders to register. The department also shall
inform, in writing, a person renewing a driver's license, chauffeur's
license, vehicle tag, or state identification card of the requirement for sex
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 23-3-430 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 or persons required
to register under this article to a member of the public if the request is
made in writing, on a form prescribed by SLED, stating the name of the
person requesting the information, and the name or address of the person
or persons 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 names of the
requested registered sex offenders, any aliases, any other identifying
physical characteristics, each offender's date of birth, the home address on
file, 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.
(B) A person may request on a form prescribed by SLED a list of
registered sex offenders residing in a city, county, or zip code zone or a
list of all registered sex offenders within the State from SLED. A person
may request information regarding a specific person who is required to
register under this article from SLED if the person requesting the
information provides the name or address of the person about whom the
information is sought. SLED shall provide the person making the request
with the full names of the requested registered sex offenders, any aliases,
any other identifying physical characteristics, each offender's date of
birth, the home address on file, the offense for which the offender was
required to register pursuant to Section 23-3-430, and the date, city, and
state of conviction. The State Law Enforcement Division may charge a
reasonable fee to cover the cost of copying and distributing sex offender
registry lists as provided for in this section. These funds must be used for
the sole purpose of offsetting the cost of providing sex offender registry
lists.
(C) 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 has reason to believe the release of this information
will deter criminal activity.
(D) For purposes of this article, information on a person adjudicated
delinquent in family court for an offense listed in Section 23-3-430 must
be made available to the public in accordance with the following
provisions:
(1) If a person has been adjudicated delinquent for committing any
of the following offenses, information must be made available to the
public pursuant to subsections (A) and (B):
(a) criminal sexual conduct in the first degree (Section 16-3-652);
(b) criminal sexual conduct in the second degree (Section
16-3-653);
(c) criminal sexual conduct with minors, first degree (Section
16-3-655(1));
(d) criminal sexual conduct with minors, second degree (Section
16-3-655(2) and (3));
(e) engaging a child for sexual performance (Section 16-3-810);
(f) producing, directing, or promoting sexual performance by a
child (Section 16-3-820); or
(g) kidnapping (Section 16-3-910).
(2) Information shall only be made available, upon request, to
victims of or witnesses to the offense, public or private schools, child day
care centers, family day care centers, businesses or organizations that
primarily serve children, women, or vulnerable adults, as defined in
Section 43-35-10(11), for persons adjudicated delinquent for committing
any of the following offenses:
(a) criminal sexual conduct in the third degree (Section
16-3-654);
(b) criminal sexual conduct: assaults with intent to commit
(Section 16-3-656);
(c) criminal sexual conduct with a minor: assaults with intent to
commit (Section 16-3-656);
(d) committing or attempting lewd act upon child under sixteen
(Section 16-15-140);
(e) peeping (Section 16-17-470);
(f) incest (Section 16-15-20);
(g) buggery (Section 16-15-120);
(h) violations of Article 3, Chapter 15 of Title 16 involving a
minor, which violations are felonies; or
(i) indecent exposure.
(3) A person who is under twelve years of age at the time of his
adjudication, conviction, guilty plea, or plea of nolo contendere for a first
offense of any offense listed in Section 23-3-430(C) shall be required to
register pursuant to the provisions of this chapter; however, the person's
name or any other information collected for the offender registry shall not
be made available to the public.
(4) A person who is under twelve years of age at the time of his
adjudication, conviction, guilty plea, or plea of nolo contendere for any
offense listed in Section 23-3-430(C) and who has a prior adjudication,
conviction, guilty plea, or plea of nolo contendere for any offense listed
in Section 23-3-430(C) shall be required to register pursuant to the
provisions of this chapter, and all registry information concerning that
person shall be made available to the public pursuant to items (1) and (2).
(5) Nothing in this section shall prohibit the dissemination of all
registry information to law enforcement.
(E) For purposes of this section, use of computerized or electronic
transmission of data or other electronic or similar means is permitted.
Section 23-3-500. A court must order that a child under twelve years
of age who is convicted of, pleads guilty or nolo contendere to, or is
adjudicated for an offense listed in Section 23-3-430(C) be given
appropriate psychiatric or psychological treatment to address the
circumstances of the offense for which the child was convicted, pled
guilty or nolo contendere, or adjudicated.
Section 23-3-510. A person who commits a criminal offense using
information from the sex offender registry disclosed to him pursuant to
Section 23-3-490, upon conviction, must be punished as follows:
(1) For a misdemeanor offense, the maximum fine prescribed by law
for the offense may be increased by not more than one thousand dollars,
and the maximum term of imprisonment prescribed by law for the offense
may be increased by not more than six months.
(2) For a felony offense, the maximum term of imprisonment
prescribed by law for the offense may be increased by not more than five
years.
Section 23-3-520. (A) An appointed or elected public official, public
employee, or public agency is immune from civil liability for damages for
any act or omission under this article unless the official's, employee's, or
agency's conduct constitutes gross negligence.
(B) Nothing in this chapter imposes an affirmative duty on a person to
disclose to a member of the public information from the sex offender
registry other than on those persons responsible for providing registry
information pursuant to their official duties as provided for in this chapter.
(C) Nothing in this section may be construed to mean that information
regarding persons on the sex offender registry is confidential except as
otherwise provided by law.
Conditions requiring psychiatric or psychological treatment
SECTION 2. Section 20-7-7805(A)(6) of the 1976 Code, as added by
Act 383 of 1996, is amended to read:
"(6) require that a child under twelve years of age who is adjudicated
delinquent for an offense listed in Section 23-3-430(C) be given
appropriate psychiatric or psychological treatment to address the
circumstances of the offense for which the child was adjudicated; and
(7) dismiss the petition or otherwise terminate its jurisdiction at any
time on the motion of either party or on its own motion."
Confidentiality and release of records
SECTION 3. Section 20-7-8510 of the 1976 Code, as added by Act
383 of 1996, is amended by adding an appropriately numbered subsection
to read:
"( ) The provisions of this section do not prohibit the distribution of
information pursuant to the provisions of Article 7, Chapter 3 of Title 23."
Severability
SECTION 4. If any section, paragraph, provision, or portion of this act
is held to be unconstitutional or invalid by a court of competent
jurisdiction, this holding shall not affect the constitutionality or validity
of the remaining portions of this act. The General Assembly hereby
declares that the provisions of this act are severable from each other.
Time effective
SECTION 5. This act takes effect upon approval by the Governor.
Approved the 12th day of June, 1998. |