Current Status Introducing Body:House Bill Number:4002 Primary Sponsor:Rogers Committee Number:25 Type of Legislation:GB Subject:Central Registry Residing Body:House Current Committee:Judiciary Computer Document Number:DKA/4547AL.93 Introduced Date:19930414 Last History Body:House Last History Date:19930414 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Rogers Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
4002 House 19930414 Introduced, read first time, 25
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND TITLE 23, CHAPTER 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 SO AS TO CREATE A CENTRAL REGISTRY FOR PERSONS CONVICTED OF SEX RELATED CRIMES AND KIDNAPPING, AND TO PROVIDE FOR INFORMATION IN THE REGISTRY, LAW ENFORCEMENT RESPONSIBILITY, AND PERSONS WHO MUST BE REGISTERED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 3 of Title 23 of the 1976 Code is amended by adding:
Section 23-3-400. There is created a central registry of information on persons convicted of sex related offenses and kidnapping. The purpose of the registry is to assist in investigating sex related crimes and in apprehending offenders.
Section 23-3-410. The registry is under the direction of the Chief of the State Law Enforcement Division and may be organized and structured in a manner as the chief considers appropriate to ensure the availability of information regarding 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 law enforcement agencies 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 chief 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.
Section 23-3-430. The following persons are required to be registered:
(1) an adult or juvenile residing in the State who has been convicted or adjudicated of a sex offense or any lesser included offense. Sex offenses include:
(a) criminal sexual conduct, any degree;
(b) lewd act upon a minor;
(c) indecent exposure;
(d) peeping tom;
(e) sodomy;
(f) obscenity;
(g) all offenses relating to child pornography;
(h) use of children for prostitution;
(i) criminal child enticement;
(j) child exploitation;
(k) aggravated assault and battery; and
(l) any attempt of these offenses;
(2) a person residing in the State who has been convicted of a crime upon a child sixteen years of age or under. Crimes upon a child sixteen years of age or under include:
(a) those defined under the South Carolina Children's Code of Laws, with the exception of Sections 20-7-40 and 20-7-90;
(b) all violent crimes named under the Omnibus Crime Bill;
(c) aggravated assault and battery; and
(d) homicide by child abuse;
(3) an adult or juvenile who has been convicted or adjudicated of kidnapping.
Section 23-3-440. (A) Before an offender is released from the Department of Corrections for completion of the term of imprisonment or 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 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 within twenty-four hours of his release.
(B) 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 on probation must register within ten days. An offender who moves to or returns to the State must register within twenty-four hours of moving into the State.
(C) The Department of Youth Services must notify SLED and the sheriff of the county where an offender is residing when the offender is released from a Department of Youth Services' facility or when the Department of Youth Services is required to supervise the actions of the juvenile. The Department of Youth Services 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 Youth Services' facility.
Section 23-3-450. The offender shall register with the sheriff of the county in which he resides. To register, the offender must complete the form required by SLED, be photographed and fingerprinted, and provide other information required by SLED for the registry. At a minimum the form must contain the name, address, physical description, social security number, aliases, date and place of birth, and employment. Upon completion of the form, the sheriff shall send the original and the fingerprints to SLED. A copy of the form, the photograph, and the fingerprints must be kept by the sheriff's department.
Section 23-3-460. An offender must reregister annually and by completing the form required by SLED, but does not have to be photographed or fingerprinted. The offender shall register at the sheriff's department in the county where he resides. If the offender changes his residence within the county, he shall notify the sheriff's department of the change in address within ten days. If the offender moves outside of the county in which he originally registered, he must register at the sheriff's department of the county of his new residence and notify the sheriff's department of the county of his old residence, both within ten days of changing residence.
Section 23-3-470. 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 misdemeanor and, upon conviction, the person must be:
(1) fined not more than one thousand dollars or imprisoned not more than ninety days for a first and second offense;
(2) fined not more than one thousand dollars or imprisoned for a mandatory minimum term of one year, but not more than three years for a third or subsequent offense. No part of the mandatory minimum term of one year imprisonment may be suspended.
Section 23-3-480. An arrest or 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 section constitutes grounds for filing another charge of failure to register. Registering following arrest, service, or arraignment on charges does not relieve the offender from criminal disability for failure to register before the filing of the original charge.
Section 23-3-490. The following may make inquiries of, and receive date or information from the registry:
(1) a police, law enforcement, or criminal justice agency investigating a report of a criminal activity;
(2) a court, upon a finding by the court that access to the date, information, or records of the registry may be necessary for the determination of an issue before the court;
(3) a solicitor or a judicial circuit in this State or the solicitor's designee or representative.
Public inspection of registration data is prohibited. The registry is not open to inspection by the public."
SECTION 2. This act takes effect upon approval by the Governor.