South Carolina General Assembly
113th Session, 1999-2000

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Bill 597


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      597
Ratification Number:              123
Act Number:                       74
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  19990311
Primary Sponsor:                  Judiciary Committee SJ 11
All Sponsors:                     Judiciary Committee
Drafted Document Number:          L:\S-JUD\BILLS\\JUD0039.11.DOC
Date Bill Passed both Bodies:     19990603
Date of Last Amendment:           19990603
Governor's Action:                S
Date of Governor's Action:        19990611
Subject:                          Sex offenses, criminal sexual conduct 
                                  offender when victim is spouse or sexual 
                                  battery of; Crimes, Domestic Relations


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
------  19990702  Act No. A74
------  19990611  Signed by Governor
------  19990609  Ratified R123
House   19990603  Concurred in Senate amendment, 
                  enrolled for ratification
Senate  19990603  House amendments amended,
                  returned to House with amendment
House   19990603  Read third time, returned to Senate
                  with amendment
House   19990602  Read second time
House   19990602  Debate adjourned
House   19990602  Amended
House   19990527  Committee report: Favorable with       25 HJ
                  amendment
House   19990421  Introduced, read first time,           25 HJ
                  referred to Committee
Senate  19990420  Amended, read third time, 
                  sent to House
Senate  19990415  Amended, read second time, 
                  ordered to third reading 
                  with notice of general amendments
Senate  19990311  Introduced, read first time,
                  placed on Calendar without reference


                             Versions of This Bill
Revised on March 11, 1999 - Word format
Revised on April 15, 1999 - Word format
Revised on April 20, 1999 - Word format
Revised on May 27, 1999 - Word format
Revised on June 2, 1999 - Word format
Revised on June 3, 1999 - Word format

View additional legislative information at the LPITS web site.


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

(A74, R123, S597)

AN ACT TO AMEND SECTION 23-3-430, AS AMENDED, RELATING TO CERTAIN CONVICTIONS THAT RENDER A PERSON A SEX OFFENDER, SO AS TO PROVIDE THAT A PERSON CONVICTED OF CRIMINAL SEXUAL CONDUCT WHEN THE VICTIM IS A SPOUSE, SEXUAL BATTERY OF A SPOUSE, OR SEXUAL INTERCOURSE WITH A PATIENT OR TRAINEE IS RENDERED A SEX OFFENDER AND TO REVISE THE CIRCUMSTANCES IN WHICH A PERSON CONVICTED OF KIDNAPPING, CRIMINAL SEXUAL CONDUCT WITH A MINOR, OR EXPLOITATION OF A MINOR IS RENDERED A SEX OFFENDER.

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

Sex offender defined

SECTION 1. Section 23-3-430(C) of the 1976 Code, as last amended by Act 384 of 1998, is further amended to read:

"(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. 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), provided the offender is eighteen years of age or less, 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;

(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) of a person eighteen years of age or older except when the court makes a finding on the record that the offense did not include a criminal sexual offense or an attempted criminal sexual offense;

(16) kidnapping (Section 16-3-910) of a person under eighteen years of age except when the offense is committed by a parent;

(17) criminal sexual conduct when the victim is a spouse (Section 16-3-658);

(18) sexual battery of a spouse (Section 16-3-615);

(19) sexual intercourse with a patient or trainee (Section 44-23-1150)."

Time effective

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

Ratified the 9th day of June, 1999.

Approved the 11th day of June, 1999.

__________


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