Current Status Bill Number:
249Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 19950110Primary Sponsor: MitchellAll Sponsors: Mitchell, WashingtonDrafted Document Number: RES9514.TWMResiding Body: SenateCurrent Committee: Judiciary Committee 11 SJSubject: Sex offender registry
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ Senate 19950110 Introduced, read first time, 11 SJ referred to Committee Senate 19941031 Prefiled, referred to Committee 11 SJView additional legislative information at the LPITS web site.
TO AMEND SECTIONS 23-3-430 AND 23-3-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SEX OFFENDER REGISTRY, SO AS TO PROVIDE THAT ONLY THOSE PERSONS WHO WERE SEVENTEEN YEARS OF AGE OR MORE AT THE TIME OF COMMISSION OF THE OFFENSE ARE REQUIRED TO REGISTER AS A SEX OFFENDER.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Sections 23-3-430 and 23-3-440 of the 1976 Code, as added by Act 497 of 1994, are further amended to read:
"Section 23-3-430. Any person, regardless of age who was seventeen years of age or more at the time of commission of the offense, residing in the State of South Carolina who has been convicted in this State, or who has been convicted in any comparable court in the United States, or who has been convicted in the United States federal courts, of the offenses described below or of similar offenses in other jurisdictions shall be required to register pursuant to the provisions of this Article article. For purposes of this article, a person convicted of any of these 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 (Section 16-3-655);
(5) engaging a child for sexual performance (Section 16-3-810);
(6) producing, directing or promoting sexual performance by a child (Section 16-3-820);
(7) criminal sexual conduct: assaults with intent to commit (Section 16-3-656);
(8) kidnapping (Section 16-3-910);
(9) incest (Section 16-15-20);
(10) buggery (Section 16-15-120);
(11) indecent exposure (Section 16-15-130);
(12) committing or attempting lewd act upon child under fourteen (Section 16-15-140);
(13) eavesdropping or peeping (Section 16-17-470);
(14) conspiracy to kidnap (Section 16-3-920);
(15) violations of Article 3, Chapter 15 of Title 16 involving a minor which violations are felonies.
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 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 3) 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 2. This act takes effect upon approval by the Governor.