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COMMITTEE REPORT
April 19, 2000
H. 4003
Introduced by Reps. Allen, Martin, Knotts, Rhoad, Simrill, J. Smith, Allison, Altman, Bailey, Bales, Barrett, Battle, Carnell, Clyburn, Cooper, Davenport, Emory, Gamble, Gilham, Gourdine, Harrison, Hayes, M. Hines, Hinson, Inabinett, Keegan, Kelley, Kirsh, Law, Lee, Lloyd, Littlejohn, Lourie, Maddox, Mason, McCraw, McGee, McKay, W. McLeod, Meacham-Richardson, Miller, Ott, Phillips, Pinckney, Rodgers, Rutherford, Sandifer, R. Smith, Stille, Stuart, Taylor, Townsend, Walker, Webb, Whatley, Whipper, Wilder, Witherspoon, Young-Brickell and Robinson
S. Printed 4/19/00--H. [SEC 4/26/00 7:39 PM]
Read the first time April 27, 1999.
To whom was referred a Bill (H. 4003), to amend Section 20-7-8510, as amended, Code of Laws of South Carolina, 1976, relating to the maintenance, release, and confidentiality of juvenile records pursuant to the Juvenile Justice Code, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 20-7-6605 of the 1976 Code, as added by Act 383 of 1996, is amended by adding at the end:
"(9) 'Criminal justice purposes' means the performance of any activity directly involving the detection, apprehension, recapture from escape or elopement, detention, pretrial release, post-trial release, prosecution, adjudication, supervision, or rehabilitation of accused or adjudicated persons or criminal offenders or involving the collection, storage, and dissemination of juvenile offense history records."
SECTION 2. Section 20-7-7205 (C) of the 1976 Code, as added byAct 383 of 1996, is amended to read:
"(C) When a child is taken into custody by a law enforcement officer for an offense which would be a misdemeanor or felony if committed by an adult, not including a traffic or wildlife violation over which courts other than the family court have concurrent jurisdiction as provided in Section 20-7-410 any offense, the law enforcement officer also shall notify the principal of the school in which the child is enrolled, if any, of the nature of the offense. This information may be used by the principal for monitoring and supervisory purposes but otherwise must be kept confidential by the principal in the same manner required by Section 20-7-8510 (E)."
SECTION 3. Section 20-7-8505 of the 1976 Code, as amended by Act 435 of 1998, is further amended to read:
"Section 20-7-8505. Records and information of the department pertaining to juveniles shall be confidential as provided in Section 20-7-8510; provided, however, that where necessary and appropriate to ensure the provision and coordination of services and assistance to a juvenile under the custody or supervision of the department, the director must establish policies by which the department may transmit such information and records to another department or agency of state or local government, a school district, or a private institution or facility licensed by the State as a child-serving organization, where such is required for admission or enrollment of the juvenile into a program of services, treatment, training, or education. Records and information provided to a public or private school by the Department of Juvenile Justice, the Department of Corrections, or the Department of Probation, Parole, and Pardon Services must include in the case of an individual who has been adjudicated for having committed a violent crime as defined in Section 16-1-60, for a crime in which a weapon as defined in Section 59-63-370 was used, for assault and battery against school personnel, as defined in Section 16-3-612, assault and battery of a high and aggravated nature committed on school grounds or at a school-sponsored event against any person affiliated with the school in an official capacity, or for distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53 of Title 44, notice as set forth in Section 59-63-370. The person's juvenile criminal record must be provided by the Department of Juvenile Justice, the Department of Corrections, or the Department of Probation, Parole, and Pardon Services to the principal of any school to which the person is seeking enrollment, upon the principal's request. Each school district is responsible for developing a policy for schools to follow within the district which ensures that the confidential nature of these records and of the other information received is maintained. This policy must include at a minimum the retention of the juvenile's criminal record, and other information relating to his criminal record, in the juvenile's school disciplinary file, or in some other confidential location, restricting access to the file and to its contents to school personnel as deemed necessary and appropriate to meet and adequately address the educational needs of the juvenile and for the destruction of these records upon the juvenile's completion of secondary school, or upon reaching twenty-one years of age. The court shall make and keep records of all cases brought before it and shall devise and cause to be printed forms for social and legal records and other documents as may be required."
SECTION 4. Section 20-7-8510 of the 1976 Code, as amended by Act 384 of 1998, is further amended to read:
"Section 20-7-8510. (A) The court shall make and keep records of all cases brought before it and shall devise and cause to be printed forms for social and legal records and other papers as may be required. The official juvenile records of the courts and the Department of Juvenile Justice are open to inspection only by consent of the judge to persons having a legitimate interest but always must be available to the legal counsel of the juvenile. Except as provided in subsection (B) herein, all information obtained and social records prepared in the discharge of official duty by an employee of the court or Department of Juvenile Justice are confidential and must not be disclosed directly or indirectly to anyone, other than the judge, the child's attorney, or others entitled under this article, or any other article, to receive this information, unless otherwise ordered by the judge. However, These records are open to inspection without the consent of the judge a court order where the records are necessary to defend against an action initiated by a juvenile child.
(B) The Department of Juvenile Justice, if requested, shall provide the victim of a crime with the name and other basic descriptive information about the juvenile charged with the crime and with information about the juvenile justice system, the status and disposition of the delinquency action including hearing dates, times, and locations, and services available to victims of juvenile crime. The name, identity, or picture of a child under the jurisdiction of the court, pursuant to this chapter, must not be provided to or made public by a newspaper or radio or television station except as authorized by order of the court or unless the juvenile has been bound over to a court which would have trial jurisdiction of the offense if committed by an adult or the juvenile has been adjudicated delinquent in family court for:
(1) a violent crime as defined in Section 16-1-60;
(2) grand larceny of a motor vehicle;
(3) a crime in which a deadly weapon was used; or
(4) distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53 of Title 44.
The Director of the Department of Juvenile Justice shall develop policies allowing for the transmission of information that is necessary and appropriate to ensure the provision and coordination of services or assistance to a child under the custody or supervision of the department. This information shall include information required for the admission or enrollment of a child into a program of services, treatment, training, or education. The information may be provided to another department or agency of state or local government, a school district, or a private institution or facility licensed by the state as a child-serving organization. This information may be summarized in accordance with agency policy.
(C) A juvenile charged with committing an offense must be fingerprinted by the law enforcement agency who takes the juvenile into custody if the juvenile is charged with:
(1) a violent crime as defined in Section 16-1-60;
(2) grand larceny of a motor vehicle;
(3) a crime in which a weapon was used; or
(4) distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53 of Title 44.
In addition, a juvenile under criminal investigation may be fingerprinted by a law enforcement agency upon an order from a family court judge for the offenses enumerated above.
A juvenile under criminal investigation or charged with committing an offense other than those enumerated above in this subsection or a status offense may not be fingerprinted by law enforcement except upon order of a family court judge. The fingerprint records of a juvenile must be kept separate from the fingerprint records of adults. The fingerprint records of a juvenile must be transmitted to the files of the State Law Enforcement Division. The fingerprint records of a juvenile must not be transmitted to the files of the Federal Bureau of Investigation or otherwise distributed or provided to another law enforcement agency unless the juvenile is adjudicated delinquent for having committed a violent offense, as defined in Section 16-1-60, for grand larceny of a motor vehicle, for a crime in which a weapon was used, or for distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53 of Title 44. The fingerprint records of a juvenile who is not adjudicated delinquent for having committed a violent offense, as defined in Section 16-1-60 for grand larceny of a motor vehicle, for a crime in which a weapon was used, or for distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53 of Title 44, upon notification to law enforcement, must be destroyed or otherwise expunged by the South Carolina Law Enforcement Division and the law enforcement agency who took the juvenile into custody.
The fingerprints and any record created by the South Carolina Law Enforcement Division as a result of the receipt of fingerprints of a juvenile pursuant to this subsection must not be disclosed for any purpose not specifically authorized by law or by a court order. The fingerprints of a juvenile adjudicated as delinquent for the commission of any of these crimes and any record created as a result of such information must be made available for criminal justice purposes. For the purposes of this section, "criminal justice purposes" means the performance of any activity directly involving the detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused or convicted persons or criminal offenders, or the collection, storage, and dissemination of criminal history record information.
The Department of Juvenile Justice may fingerprint and photograph a juvenile upon the filing of a petition, release from detention, release on house arrest, or commitment to a juvenile correctional institution. Fingerprints and photographs taken by the department remain confidential and must not be transmitted to the State Law Enforcement Division, the Federal Bureau of Investigation, or another agency or person, except for the purpose of aiding the department in apprehending an escapee from the department, assisting the Missing Persons Information Center in the location or identification of a missing or runaway child, in locating and identifying a child who fails to appear in court as summoned or who is the subject of a house arrest order, or except as otherwise provided in this section.
The director is authorized to enter into interagency agreements for the purpose of sharing information about children under the supervision or custody of the department. The agencies entering into these agreements must maintain the confidentiality of the information.
(D) Law enforcement agencies shall maintain admission and release records on juveniles held in either secure or nonsecure custody, or both, which must include the times and dates of admission and release from secure and nonsecure custody and, if appropriate, the times and dates of transfer from one custody status to another.
Reports and recommendations produced by the department for the family court for the purpose of a waiver or dispositional hearing must be disseminated by the agency to the court, the solicitor, the child's attorney, and to the victim.
(E) Peace officers' records of children must be kept separate from records of adults, must not be open to public inspection, and may be open to inspection only by governmental agencies authorized by the judge.
(1) The Department of Juvenile Justice must notify the senior administrator of a public or private school in which a child is enrolled, intends to be enrolled, or was last enrolled when the child is adjudicated delinquent for having committed one of the following offenses:
(a) a violent crime as defined in Section 16-1-60;
(b) a crime in which a weapon as defined in Section 59-63-370 was used;
(c) for assault and battery against school personnel, as defined in Section 16-3-612;
(d) assault and battery of a high and aggravated nature committed on school grounds or at a school-sponsored event against any person affiliated with the school in an official capacity; or
(e) for distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53 of Title 44.
(2) School principals of a public or private school may request from the Department of Juvenile Justice the juvenile offense history of any child. Upon such request, the Department must provide the child's juvenile offense history to the principal of any school in which the child is enrolled, intends to be enrolled, or was last enrolled.
(3) Each school district is responsible for developing a policy for schools within the district to follow within the district that ensures that the confidential nature of these records and other information received is maintained. This policy must provide for, but is not limited to:
(a) the retention of the child's juvenile offense history, and other information relating to his offense history, in the child's school disciplinary file or in some other confidential location;
(b) access to the child's school disciplinary file and its contents limited to school personnel, as considered necessary and appropriate to meet and adequately address the educational needs of the child; and
(c) the destruction of the child's juvenile offense history upon the child's completion of secondary school, or upon reaching twenty-one years of age.
(F) The provisions of this section do not prohibit the distribution of information pursuant to the provisions of Article 7, Chapter 3 of Title 23.
When requested, the Department of Juvenile Justice shall provide the victim of a crime with the name and other basic descriptive information about the child charged with the crime including, but not limited to, a photograph; information about the juvenile justice system; the status and disposition of the delinquency action including hearing dates, times, and locations; and services available to victims of juvenile crime.
(G) The Department of Juvenile Justice or the South Carolina Law Enforcement Division, or both, shall provide the Attorney General, a circuit solicitor, or a law enforcement agency a copy of a child's juvenile offense history upon request for criminal justice purposes. This information must not be disseminated except as authorized in Section 20-7-8515. The South Carolina Law Enforcement Division and the Department of Juvenile Justice must maintain the juvenile offense history of a person for the same period as for offenses committed by an adult.
(H) Other information retained by the department may be provided to law enforcement, the Solicitor, the Attorney General, and federal authorities pursuant to an ongoing criminal investigation or prosecution.
(I) The Department of Juvenile Justice may fingerprint and photograph a child upon the filing of a petition, release from detention, release on house arrest, or commitment to a juvenile correctional institution. Fingerprints and photographs taken by the department remain confidential and must not be transmitted to the State Law Enforcement Division, the Federal Bureau of Investigation, or another agency or person, except for the purpose of aiding the department in apprehending an escapee from the department; assisting the Missing Persons Information Center in the location or identification of a missing or runaway child; locating and identifying a child who fails to appear in court as summoned; or who is the subject of a house arrest order, or except as otherwise provided in this section.
(J) Nothing in this section may be construed to waive any statutory or common law privileges attaching to the department's internal reports or to information contained in the file of a child under the supervision or custody of the department."
SECTION 5. Section 20-7-8515 of the 1976 Code, as added by Act 383 of 1996, is amended to read:
"Section 20-7-8515. Notwithstanding the right of a person to petition the family court pursuant to Section 20-7-8510 for the release of a person's record of juvenile adjudications, upon the request of the Attorney General, a circuit solicitor, or a law enforcement officer which is made pursuant to a current criminal investigation or prosecution, the South Carolina Law Enforcement Division or the Department of Juvenile Justice, or both if requested, shall provide the requesting party with a copy of the juvenile criminal record of a person adjudicated as a juvenile for the commission of a crime. This information shall not be disseminated except as authorized in Section 20-7-8510. The juvenile record of a person must be maintained by the South Carolina Law Enforcement Division and the Department of Juvenile Justice for the same period as for offenses committed by an adult.
(A) Except as provided herein, law enforcement records and information identifying children pursuant to this article are confidential and may not be disclosed directly or indirectly to anyone, other than those entitled under this section to receive this information.
(B) Law enforcement records of children must be kept separate from records of adults. Information identifying a child must not be open to public inspection, but the remainder of such records are public records.
(C) Law enforcement agencies shall maintain admission and release records on children held in either secure or nonsecure custody, or both. The records must include the times and dates of admission and release from secure and nonsecure custody and, if appropriate, the times and dates of transfer from one custody status to another.
(D) Law enforcement information or records of children created pursuant to the provisions of this article may be shared among law enforcement agencies, solicitors' offices, the Attorney General, the Department of Juvenile Justice, the Department of Mental Health, the Department of Corrections, and the Department of Probation Parole and Pardon Services, and federal authorities for criminal justice purposes without a court order.
(E) Incident reports involving children are to be provided to the victim of a crime pursuant to Section 16-3-1520. Incident reports, including information identifying a child, must be provided by law enforcement to the principal of the child's school when the child has been charged with assault and battery of a high and aggravated nature or a criminal offense that would carry a maximum term of imprisonment of fifteen years or more if committed by an adult or assault and battery against school personnel, as defined in Section 16-3-612. Incident reports involving other offenses must be provided upon request of the principal. This information must be maintained by the principal in the manner set forth in section 20-7-8510(E) and must be forwarded with the child's permanent school records if the child transfers to another school or school district.
(F) A child charged with an offense may be photographed by the law enforcement agency that takes the child into custody. If the child is taken into secure custody and detained, the detention facility must photograph the child upon admission. These photographs may be disseminated for criminal justice purposes or to assist the Missing Persons Information Center in the location or identification of a missing or runaway child.
(G) A child charged with committing a crime that would carry a maximum term of imprisonment of five years or more if committed by an adult must be fingerprinted by the law enforcement agency that takes the child into custody. If the child is taken into secure custody and detained, the detention facility must fingerprint the child upon admission. In addition, a law enforcement agency may petition the family court for an order to fingerprint a child charged with any other criminal offense or suspected of committing any offense.
(H) The fingerprint records of a child must be kept separate from the fingerprint records of adults. The fingerprint records of a child must be transmitted to the files of the State Law Enforcement Division.
(I) The fingerprint records of a child may be transmitted by the State Law Enforcement Division to the files of the Federal Bureau of Investigation only when the child has been adjudicated delinquent for having committed a crime that would carry a maximum term of imprisonment of five years or more if committed by an adult.
(J) The fingerprint records of a child adjudicated delinquent for a crime that would carry a maximum term of imprisonment of five years or more if committed by an adult must be distributed or provided to another law enforcement agency by the State Law Enforcement Division or the law enforcement agency who took the child into custody for criminal justice purposes or to assist the Missing Person Information Center in the location of identification of a missing or runaway child.
(K) The fingerprints and any record created by the South Carolina Law Enforcement Division as a result of the receipt of fingerprints of a child pursuant to this section must not be disclosed for any purpose not specifically authorized by law or by a court order.
(L) Upon notification that a child has not been adjudicated delinquent for an offense that would carry a maximum term of imprisonment of five years or more if committed by an adult, the South Carolina Law Enforcement Division and the law enforcement agency who took the child into custody must destroy the fingerprints and all records created as a result of such information.
SECTION 6. Section 20-7-8520 of the 1976 Code, as added by Act 383, is amended to read:
"Section 20-7-8520. (A) A juvenile not previously adjudicated delinquent for committing an offense which would have been a crime if committed by an adult, who has been taken into custody, charged with or adjudicated delinquent for having committed a status offense or a nonviolent criminal offense may petition the family court for an order destroying all official records relating to being taken into custody, the charges filed against the juvenile, the adjudication, and disposition. The granting of the order is discretionary with the court. However, the court may not grant the order unless it finds that the person who is seeking to have the records destroyed is at least eighteen years of age, has fully and successfully completed any dispositional sentence imposed, and has neither been charged nor is currently charged with committing any additional criminal offenses.
The name, identity, or picture of a child under the jurisdiction of the court, pursuant to this chapter, must not be provided to a newspaper or radio or television station unless authorized by order of the court or unless the child has been charged with a crime which would have been within the trial jurisdiction of a court other than the family court had the offense been committed by an adult or the child has been adjudicated delinquent in family court for:
(1) a violent crime as defined in Section 16-1-60;
(2) grand larceny of a motor vehicle;
(3) a crime in which a deadly weapon was used; or
(4) distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53, Title 44.
(B) Under no circumstances is a person allowed to expunge from the record an adjudication for having committed a violent crime, as that term is defined in Section 16-1-60. When a child is bound over to the jurisdiction of circuit court, the provisions of this section addressing the confidentiality of fingerprints and identity do not apply.
(C) If the order is granted by the court, no evidence of the records may be retained by any law enforcement agency or by any municipal, county, or state agency or department. The effect of the order is to restore the person in the contemplation of the law to the status the person occupied before being taken into custody. No person to whom the order has been entered may be held thereafter under any provision of any law to be guilty of perjury or otherwise giving false statement by reason of failing to recite or acknowledge the charge or adjudication in response to an inquiry made of the person for any purpose.
The provisions of this section do not prohibit the distribution of information pursuant to the provisions of Article 7, Chapter 3 of Title 23.
(D) For purposes of this section, an adjudication is considered a previous adjudication only if it occurred prior to the date the subsequent offense was committed.
SECTION 7. Chapter 7 of Title 20 is amended by adding:
"Section 20-7-8525. (A) A person who has been taken into custody for, charged with, or adjudicated delinquent for having committed a status or a nonviolent offense may petition the family court for an order destroying all official records relating to being taken into custody, the charges filed against the child, the adjudication, and disposition. The granting of the order is discretionary with the court. However, a person may not petition the court if he has a prior adjudication for an offense that would carry a maximum term of imprisonment of five years or more if committed by an adult. In addition, the court may not grant the order unless it finds that the person who is seeking to have the records destroyed is at least eighteen years of age, has fully and successfully completed any dispositional sentence imposed, and has neither been charged nor is currently charged with committing any additional criminal offenses.
(B) An adjudication for a violent crime, as defined in Section 16-1-60, may not be expunged.
(C) If an expungement order is granted by the court, no evidence of the records may be retained by any law enforcement agency or by any municipal, county, or state agency or department. The effect of the order is to restore the person in the contemplation of the law to the status the person occupied before being taken into custody. No person to whom the order has been entered may be held thereafter under any provision of any law to be guilty of perjury or otherwise giving false statement by reason of failing to recite or acknowledge the charge or adjudication in response to an inquiry made of the person for any purpose.
(D) For purposes of this section, an adjudication is considered a previous adjudication only if it occurred prior to the date the subsequent offense was committed."
SECTION 8. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.
JAMES H. HARRISON, for Committee.
TO AMEND SECTION 20-7-8510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAINTENANCE, RELEASE, AND CONFIDENTIALITY OF JUVENILE RECORDS PURSUANT TO THE JUVENILE JUSTICE CODE, SO AS TO AUTHORIZE RELEASE OF INFORMATION AMONG THE DEPARTMENT OF JUVENILE JUSTICE, SOLICITORS' OFFICES, THE ATTORNEY GENERAL AND OTHER LAW ENFORCEMENT AGENCIES; TO AUTHORIZE THE TRANSMISSION OF RECORDS OF ADJUDICATION AND PENDING CRIMINAL CASES TO A SCHOOL OFFICIAL IF THE JUVENILE IS OR MAY BE A STUDENT AT THE SCHOOL; TO AUTHORIZE FINGERPRINTING OF A JUVENILE CHARGED WITH AN OFFENSE OTHER THAN A STATUS OFFENSE; AND TO AUTHORIZE SHARING OF CERTAIN INFORMATION BETWEEN THE DEPARTMENT OF JUVENILE JUSTICE, SOLICITORS' OFFICES, AND LAW ENFORCEMENT AGENCIES AND VARIOUS HUMAN SERVICES AGENCIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-7-8510 of the 1976 Code, as last amended by Act 384 of 1998, is further amended to read:
"Section 20-7-8510. (A) The court shall make and keep records of all cases brought before it and shall devise and cause to be printed forms for social and legal records and other papers as may be required. The official juvenile records of the courts and the Department of Juvenile Justice are open to inspection only by consent of the judge to persons having a legitimate interest but Official juvenile records maintained by the court, the Department of Juvenile Justice, solicitors' offices, the Attorney General, or any other law enforcement agency may be transmitted between these agencies without a court order or consent of the judge if requested for a legitimate criminal justice purpose as defined below, and these records always must be available to the legal counsel of the juvenile. All records of adjudication and pending criminal cases may be transmitted to an appropriate administrative official of any school or school administrative office, upon request or inquiry, without a court order or consent of the judge, if the juvenile is a student at a school, or may be a student at a school, operating under the authority of the requesting official. Except as provided in subsection (B), all information obtained and social records prepared in the discharge of official duty by an employee of the court or Department of Juvenile Justice are confidential and must not be disclosed directly or indirectly to anyone, other than the judge or others entitled under this article to receive this information, unless otherwise ordered by the judge. However, these records are open to inspection without the consent of the judge where the records are necessary to defend against an action initiated by a juvenile.
(B) The Department of Juvenile Justice, if requested, shall provide the victim of a crime with the name and other basic descriptive information about the juvenile charged with the crime and with information about the juvenile justice system, the status and disposition of the delinquency action including hearing dates, times, and locations, and services available to victims of juvenile crime. The name, identity, or picture of a child under the jurisdiction of the court, pursuant to this chapter, must not be provided to or made public by a newspaper or radio or television station except as authorized by order of the court or unless the juvenile has been bound over to a court which would have trial jurisdiction of the offense if committed by an adult or the juvenile has been adjudicated delinquent in family court for:
(1) a violent crime as defined in Section 16-1-60;
(2) grand larceny of a motor vehicle;
(3) a crime in which a deadly weapon was used; or
(4) distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53 of Title 44.
(C) A juvenile charged with committing an offense must be fingerprinted without a family court order by the law enforcement agency who takes the juvenile into custody if the juvenile is charged with:
(1) a violent crime as defined in Section 16-1-60;
(2) grand larceny of a motor vehicle;
(3) a crime in which a weapon was used; or
(4) distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53 of Title 44 an offense other than a status offense.
In addition, a juvenile under criminal investigation may be fingerprinted by a law enforcement agency upon an order from a family court judge for the offenses enumerated above.:
(1) a violent crime as defined in Section 16-1-60;
(2) grand larceny of a motor vehicle;
(3) a crime in which a weapon was used; or
(4) distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53 of Title 44.
A juvenile under criminal investigation or charged with committing an offense other than those enumerated above in this subsection or a status offense may not be fingerprinted by law enforcement except upon order of a family court judge. The juvenile may be fingerprinted by law enforcement at intake or booking. A juvenile charged with a status offense must not be fingerprinted except upon order of a family court judge. The fingerprint records of a juvenile must be kept separate from the fingerprint records of adults. The fingerprint records of a juvenile must be transmitted to the files of the State Law Enforcement Division. A copy of the fingerprint records may be maintained by the agency responsible for intake of or booking the juvenile at the local level. The fingerprint records of a juvenile must not be transmitted to the files of the Federal Bureau of Investigation or otherwise distributed or provided to another law enforcement agency unless the juvenile is adjudicated delinquent for having committed a violent offense, as defined in Section 16-1-60, for grand larceny of a motor vehicle, for a crime in which a weapon was used, or for distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53 of Title 44. The fingerprint records of a juvenile who is not adjudicated delinquent for having committed a violent offense, as defined in Section 16-1-60 for grand larceny of a motor vehicle, for a crime in which a weapon was used, or for distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53 of Title 44, upon notification to law enforcement, must be destroyed or otherwise expunged by the South Carolina Law Enforcement Division and the law enforcement agency who took the juvenile into custody.
The fingerprints and any record created by the South Carolina Law Enforcement Division as a result of the receipt of fingerprints of a juvenile pursuant to this subsection must not be disclosed for any purpose not specifically authorized by law or by a court order. The fingerprints of a juvenile adjudicated as delinquent for the commission of any of these crimes and any record created as a result of such information must be made available for criminal justice purposes. For the purposes of this section, 'criminal justice purposes' means the performance of any activity directly involving the detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused or convicted persons or criminal offenders, or the collection, storage, and dissemination of criminal history record information.
The Department of Juvenile Justice may fingerprint and photograph a juvenile upon the filing of a petition, release from detention, release on house arrest, or commitment to a juvenile correctional institution. A law enforcement agency that takes a juvenile into custody may photograph the juvenile at intake, booking, or anytime before a hearing. Fingerprints and photographs taken by the department or a law enforcement agency remain confidential and must not be transmitted to the State Law Enforcement Division, the Federal Bureau of Investigation, or another agency or person, except for the purpose of aiding the department in apprehending an escapee from the department, assisting the Missing Persons Information Center in the location or identification of a missing or runaway child, in locating and identifying a child who fails to appear in court as summoned or who is the subject of a house arrest order, or except as otherwise provided in this section.
(D) Law enforcement agencies shall maintain admission and release records on juveniles held in either secure or nonsecure custody, or both, which must include the times and dates of admission and release from secure and nonsecure custody and, if appropriate, the times and dates of transfer from one custody status to another.
(E) Peace officers' records of children must be kept separate from records of adults, must not be open to public inspection, and may be open to inspection only by governmental agencies authorized by the judge.
(F) The provisions of this section do not prohibit the distribution of information pursuant to the provisions of Article 7, Chapter 3 of Title 23.
(G)(1) Directory information on a juvenile who has been charged with or adjudicated delinquent for an offense enumerated in subsection (B) may be made available by the Department of Juvenile Justice, solicitors' offices, and other law enforcement agencies, upon request, to state human services agencies including, but not limited to, the Department of Social Services, Department of Mental Health, the Department of Alcohol and Other Drug Abuse Services, and other public or private agencies that provide services directly to children.
(2) A human services agency, enumerated in subsection (G)(1), may provide directory information on a juvenile who is enrolled in or who has applied for enrollment in a truancy prevention program, intervention program, or any other preadjudicatory diversion program administered by the human services agency to the Department of Juvenile Justice, solicitors' offices, and truant officers.
(3) For purpose of this section, 'directory information' includes the juvenile's name, address, phone number, parent or guardian information, and agency contact information.
(4) Information disseminated or provided pursuant to this subsection is confidential and must not be disclosed directly or indirectly to anyone other than a judge or others entitled under this article to receive this information."
SECTION 2. This act takes effect upon approval by the Governor.
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