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Current Status Bill Number:View additional legislative information at the LPITS web site.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
(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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