S*0926(Rat #0406, Act #0366 of 1996)  General Bill, By Patterson, Giese, 
Gregory and Mescher
 A Bill to amend Section 20-7-780, as amended, Code of Laws of South Carolina,
 1976, relating to confidentiality of records, names, pictures, and
 fingerprints of juveniles charged with committing a crime, so as to provide
 that the name, identity, or picture of a child may be made public by a
 newspaper or radio or television station if the child is convicted of or
 adjudicated delinquent for a violent crime, grand larceny of a motor vehicle,
 a crime in which a weapon was used, or distribution or trafficking in unlawful
 drugs.-amended title

   10/10/95  Senate Prefiled
   10/10/95  Senate Referred to Committee on Judiciary
   01/09/96  Senate Introduced and read first time SJ-63
   01/09/96  Senate Referred to Committee on Judiciary SJ-63
   03/06/96  Senate Committee report: Favorable with amendment
                     Judiciary SJ-16
   03/07/96  Senate Amended SJ-20
   03/07/96  Senate Read second time SJ-20
   03/12/96  Senate Read third time and sent to House SJ-15
   03/13/96  House  Introduced and read first time HJ-9
   03/13/96  House  Referred to Committee on Judiciary HJ-9
   05/15/96  House  Committee report: Favorable with amendment
                     Judiciary HJ-15
   05/21/96  House   Committee amendment ruled out of order HJ-110
   05/21/96  House  Read second time HJ-115
   05/22/96  House  Read third time and enrolled HJ-18
   05/23/96         Ratified R 406
   05/29/96         Signed By Governor
   05/29/96         Effective date 05/29/96
   06/17/96         Copies available
   06/17/96         Act No. 366

AN ACT TO AMEND SECTION 20-7-780, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA 1976, RELATING TO CONFIDENTIALITY OF RECORDS, NAMES, PICTURES, AND FINGERPRINTS OF JUVENILES CHARGED WITH COMMITTING A CRIME, SO AS TO PROVIDE THAT THE NAME, IDENTITY, OR PICTURE OF A CHILD MAY BE MADE PUBLIC BY A NEWSPAPER OR RADIO OR TELEVISION STATION IF THE CHILD IS CONVICTED OF OR ADJUDICATED DELINQUENT FOR A VIOLENT CRIME, GRAND LARCENY OF A MOTOR VEHICLE, A CRIME IN WHICH A WEAPON WAS USED, OR DISTRIBUTION OR TRAFFICKING IN UNLAWFUL DRUGS.

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

Conditions for release of name, identity, or picture of a juvenile to the media

SECTION 1. Section 20-7-780(A) and (B) of the 1976 Code, as last amended by Act 181 of 1993, are further amended to read:

"(A) The court shall make and keep records of all cases brought before it and shall devise and cause to be printed forms for social and legal records and other papers as may be required. The official juvenile records of the courts and the Department of Juvenile Justice are open to inspection only by consent of the judge to persons having a legitimate interest but always must be available to the legal counsel of the juvenile. Except as provided in subsection (B), all information obtained and social records prepared in the discharge of official duty by an employee of the court or Department of Juvenile Justice is confidential and must not be disclosed directly or indirectly to anyone, other than the judge or others entitled under this chapter to receive this information unless otherwise ordered by the judge. However, these records are open to inspection without the consent of the judge where the records are necessary to defend against an action initiated by a juvenile.

(B) The Department of Juvenile Justice, if requested, shall provide the victim of a crime with the name and other basic descriptive information about the juvenile charged with the crime and with information about the juvenile justice system, the status and disposition of the delinquency action, including hearing dates, times, and locations, and concerning services available to victims of juvenile crime. The name, identity, or picture of a juvenile under the jurisdiction of the court, pursuant to this chapter, must not be provided to or made public by a newspaper or radio or television station except as authorized by order of the court or unless the juvenile has been bound over to a court which would have trial jurisdiction of the offense if committed by an adult or the juvenile has been adjudicated delinquent in family court for:

(1) a violent crime as defined in Section 16-1-60;

(2) grand larceny of a motor vehicle;

(3) a crime in which a deadly weapon was used; or

(4) distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53 of Title 44."

Time effective

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

Approved the 29th day of May, 1996.