South Carolina General Assembly
111th Session, 1995-1996

Bill 1286


                    Current Status

Bill Number:                    1286
Ratification Number:            503
Act Number:                     444
Type of Legislation:            General Bill GB
Introducing Body:               Senate
Introduced Date:                19960321
Primary Sponsor:                Judiciary Committee SJ 11
All Sponsors:                   Judiciary Committee
Drafted Document Number:        jud6075.11
Date Bill Passed both Bodies:   19960530
Date of Last Amendment:         19960530
Governor's Action:              S
Date of Governor's Action:      19960618
Subject:                        Day care center employees, criminal
                                background check

History



Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19960709  Act No. A444
------  19960618  Signed by Governor
------  19960613  Ratified R503
Senate  19960530  Concurred in House amendment, 
                  enrolled for ratification
House   19960530  Senate amendments amended,
                  returned to Senate with amendment
Senate  19960528  House amendments amended,
                  returned to House with amendment
House   19960523  Read third time, returned to Senate
                  with amendment
House   19960522  Amended, read second time
House   19960521  Debate adjourned until
                  Wednesday, 19960522
House   19960515  Committee report: Favorable with         25 HJ
                  amendment
House   19960328  Introduced, read first time,             25 HJ
                  referred to Committee
Senate  19960327  Read third time, sent to House
Senate  19960326  Amended, read second time
Senate  19960321  Introduced, read first time,
                  placed on Calendar without reference

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(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.