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339Ratification Number: 102Act Number: 68Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 20010215Primary Sponsor: RybergAll Sponsors: Ryberg, Grooms, Branton, Waldrep, Fair, Thomas, Leatherman, Wilson, Hayes, Giese, Gregory and VerdinDrafted Document Number: l:\council\bills\skb\18193som01.docDate Bill Passed both Bodies: 20010531Date of Last Amendment: 20010530Governor's Action: SDate of Governor's Action: 20010711Subject: Sexual misconduct by state, local government employee, penalty; Crimes, Sex offense, Public Officers, Prisons, PatientsHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20010720 Act No. A68 ------ 20010711 Signed by Governor ------ 20010605 Ratified R102 Senate 20010531 Concurred in House amendment, enrolled for ratification House 20010531 Read third time, returned to Senate with amendment ------ 20010531 Scrivener's error corrected House 20010530 Amended, read second time House 20010529 Debate adjourned until Wednesday, 20010530 House 20010523 Committee report: Favorable with 25 HJ amendment House 20010501 Introduced, read first time, 25 HJ referred to Committee Senate 20010427 Read third time, sent to House ------ 20010427 Scrivener's error corrected Senate 20010426 Read second time, unanimous consent for third reading on Friday 20010427 Senate 20010425 Polled out of Committee: Favorable 13 SMA Senate 20010314 Committed to Committee 13 SMA Senate 20010314 Recalled from Committee 11 SJ Senate 20010215 Introduced, read first time, 11 SJ referred to Committee Versions of This Bill Revised on April 25, 2001 - Word format Revised on April 27, 2001 - Word format Revised on May 23, 2001 - Word format Revised on May 30, 2001 - Word format Revised on May 31, 2001 - Word format
(A68, R102, S339)
AN ACT TO AMEND SECTION 44-23-1150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF A STATE OR LOCAL GOVERNMENT EMPLOYEE HAVING SEXUAL INTERCOURSE WITH A PATIENT OR TRAINEE OF A MENTAL HEALTH FACILITY OR AN INMATE OF A CORRECTIONAL FACILITY SO AS TO BROADEN THE SCOPE OF THE STATUTE TO COVER SUPERVISORY SITUATIONS OUTSIDE OF AN INSTITUTION, TO PROVIDE DEFINITIONS, TO PROVIDE AN OFFENSE OF SEXUAL MISCONDUCT, SECOND DEGREE, THAT DOES NOT INCLUDE INTERCOURSE, TO PROVIDE AN OFFENSE OF FALSELY REPORTING SEXUAL MISCONDUCT, AND TO PROVIDE AN OFFENSE OF FAILURE TO REPORT KNOWLEDGE RECEIVED IN ONE'S PROFESSIONAL CAPACITY OF SEXUAL MISCONDUCT.
Be it enacted by the General Assembly of the State of South Carolina:
Whereas, the General Assembly finds that sexual relations between staff, agents, contractors, or volunteers of those having responsibility for inmates or patients confined in prisons, jails, or mental health facilities, or criminal offenders under supervision in the community, and persons committed to their care or supervision is inappropriate, contrary to the expectations of the State, and provides opportunities to compromise security thereby threatening the maintenance of order and discipline. Now, therefore, it is declared to be the public policy of the State of South Carolina to discourage such misconduct by declaring certain acts to be illegal and providing for criminal sanctions.
Sexual misconduct with inmate, patient, or an offender on parole or probation
SECTION 1. Section 44-23-1150 of the 1976 Code, as last amended by Act 136 of 1997, is further amended to read:
"Section 44-23-1150. (A) As used in this section:
(1) 'Actor' means an employee, volunteer, agent, or contractor of a public entity that has statutory or contractual responsibility for inmates or patients confined in a prison, jail, or mental health facility. Actor includes individuals who supervise inmate labor details outside of an institution or who have supervisory responsibility for offenders on parole, probation, or other community supervision programs.
(2) 'Victim' means an inmate or patient who is confined in or lawfully or unlawfully absent from a prison, jail, or mental health facility, or who is an offender on parole, probation, or other community supervision programs. A victim is not capable of providing consent for sexual intercourse or sexual contact with an actor.
(B) An actor is guilty of sexual misconduct when the actor, knowing that the victim is an inmate, offender, or patient voluntarily engages with the victim in an act of sexual intercourse, whether vaginal, oral, or anal, or other sexual contact for the purpose of sexual gratification.
(C)(1) When the sexual misconduct involves an act of sexual intercourse, whether vaginal, oral, or anal, the actor is guilty of the felony of sexual misconduct, first degree and, upon conviction, must be imprisoned for not more than ten years.
(2) When the sexual misconduct does not involve sexual intercourse but involves other sexual contact which is engaged in for sexual gratification, the actor is guilty of the felony of sexual misconduct, second degree and, upon conviction, must be imprisoned for not more than five years. The term sexual contact, as used in this subsection, refers to an intrusion of any part of a person's body or of any object into the 'intimate parts', as defined in Section 16-3-651(d), of another person's body, or to the fondling of the 'intimate parts' of another person's body, which is done in a manner not required by professional duties, but instead is done to demonstrate affection, sexually stimulate that person or another person, or harass that person.
(D) A person who knowingly or wilfully submits inaccurate or untruthful information concerning sexual misconduct as defined in this section is guilty of the misdemeanor of falsely reporting sexual misconduct and, upon conviction, must be imprisoned for not more than one year.
(E) A person who has knowledge of sexual misconduct who has received information in the person's professional capacity and fails to report it to the appropriate law enforcement authority, or a person who threatens or attempts to intimidate a witness is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than six months, or both."
SECTION 2. This act takes effect upon approval by the Governor and applies to offenses committed on or after that date. A person arrested, charged, or indicted under the provision of law amended by this act must be tried and sentenced as provided by the law in force at the time of the commission of the offense.
Ratified the 5th day of June, 2001.
Approved the 11th day of July, 2001.
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