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Current Status Bill Number:View additional legislative information at the LPITS web site.754 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:20010607 Primary Sponsor:Branton All Sponsors:Branton Drafted Document Number:l:\council\bills\nbd\11883ac01.doc Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Sex and Violent Mentally Ill Offender Registry named in lieu of Sex Offender Registry; Crimes, Offenses, Mental Health History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20010607 Introduced, read first time, 11 SJ referred to Committee Versions of This Bill
TO AMEND SECTIONS 23-3-400, 23-3-430, 23-3-440, 23-3-460, 23-3-480, 23-3-490, ALL AS AMENDED, AND SECTIONS 23-3-510, 23-3-520, AND 23-3-530, OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING, AMONG OTHER THINGS, TO THE SEX OFFENDER REGISTRY, REQUIREMENTS AND PROCEDURES FOR REGISTRATION, AND RELEASE OF INFORMATION FROM THE REGISTRY, SO AS TO CHANGE THE REGISTRY TO A SEX AND VIOLENT MENTALLY ILL OFFENDER REGISTRY, TO REQUIRE OFFENDERS FOUND GUILTY BUT MENTALLY ILL OR NOT GUILTY BY REASON OF INSANITY FOR COMMISSION OF VIOLENT CRIME WHO ARE COMMITTED TO THE DEPARTMENT OF MENTAL HEALTH TO REGISTER UPON RELEASE AND TO APPLY THE PROVISIONS OF ARTICLE 7, CHAPTER 3, TITLE 23, SEX OFFENDER REGISTRY" TO THESE VIOLENT MENTALLY ILL OFFENDERS; AND TO CHANGE THE TITLE OF ARTICLE 7, CHAPTER 3, TITLE 23 TO "SEX AND VIOLENT MENTALLY ILL OFFENDER REGISTRY".
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 23-3-400 of the 1976 Code, as last amended by Act 384 of 1998, is further amended to read:
"Section 23-3-400. The intent of this article is to promote the state's fundamental right to provide for the public health, welfare, and safety of its citizens. Notwithstanding this legitimate state purpose, these provisions are not intended to violate the guaranteed constitutional rights of those who have violated our nation's laws.
The sex and violent mentally ill offender registry will provide law enforcement with the tools needed in investigating criminal offenses. Statistics show that sex these offenders often pose a high risk of re-offending. Additionally, law enforcement's efforts to protect communities, conduct investigations, and apprehend offenders who commit sex offenses and mentally ill offenders who commit violent crimes are impaired by the lack of information about these convicted offenders who live within the law enforcement agency's jurisdiction."
SECTION 2. Section 23-3-430 of the 1976 Code, as last amended by Act 363 of 2000, is further amended to read:
"Section 23-3-430. (A) Any person, regardless of age, residing in the State of South Carolina who in this State has been:
(1) convicted of, adjudicated delinquent for, pled guilty or nolo contendere to an offense described below enumerated in subsection (C)(1), or who has been convicted, adjudicated delinquent, pled guilty or nolo contendere in any 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 a similar offense, or who has been convicted of, adjudicated delinquent for, pled guilty or nolo contendere to an offense for which the person was required to register in the state where the conviction or plea occurred, shall be required to register pursuant to the provisions of this article.; or
(2) committed to a facility of the Department of Mental Health upon having been found guilty but mentally ill or not guilty by reason of insanity for a violent crime as defined in Section 16-1-60.
(B) For purposes of this article, a person who remains in this State for a total of thirty days during a twelve-month period is a resident of this State.
(C) (1) 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, voyeurism, or aggravated voyeurism (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).
(2) For purposes of this article, a person who has been committed to a facility of the Department of Mental Health upon having been found guilty but mentally ill or not guilty by reason of insanity for a violent crime as defined in Section 16-1-60 shall be referred to as an offender.
(D) Upon conviction, adjudication of delinquency, guilty plea, or plea of nolo contendere of a person of an offense not listed in this article or upon commitment to a facility of the Department of Mental Health of a person having been found guilty but mentally ill or not guilty by reason of insanity for a violent crime, as defined in Section 16-1-60, the presiding judge may order as a condition of sentencing that the person be included in the sex and violent mentally ill offender registry if good cause is shown by the solicitor.
(E) SLED shall remove a person's name and any other information concerning that person from the sex and violent mentally ill offender registry immediately upon notification by the Attorney General that the person's adjudication, conviction, guilty plea, or plea of nolo contendere for an offense listed in Section 23-3-430(C)(1) or for a violent offense for which the person was committed to a facility of the Department of Mental Health as guilty but mentally ill was reversed, overturned, or vacated on appeal and a final judgment has been rendered."
SECTION 3. Section 23-3-440 of the 1976 Code, as last amended by Act 384 of 1998 is further amended to read:
"Section 23-3-440. (1) Prior to an offender's release from the Department of Corrections or the Department of Mental Health after completion of the term of imprisonment, or being placed on parole, or released from commitment the Department of Corrections or the Department of Probation, Parole, and Pardon Services, or the Department of Mental Health 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 to 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. The parents or legal guardian of a person under seventeen years of age who is required to register under this chapter must ensure that the person has registered.
(4) The Department of Corrections, the Department of Probation, Parole, and Pardon Services, and the Department of Juvenile Justice, and the Department of Mental Health shall provide to SLED the initial registry information regarding the offender prior to his release from imprisonment or from commitment at a facility of the Department of Mental Health or relief of supervision. This information shall be collected in the event the offender fails to register with his county sheriff."
SECTION 4. Section 23-3-460 of the 1976 Code, as last amended by Act 384 of 1998, is further amended to read:
"Section 23-3-460. Any person required to register under this article shall be required to register annually for life. The offender shall register at the sheriff's department in the county where he resides. A person determined by a court to be a sexually violent predator pursuant to state law is required to verify registration and be photographed every ninety days by the sheriff's department in the county in which he resides unless the person is committed to the custody of the State, whereby verification shall be held in abeyance until his release.
If any person required to register under this article changes his address within the same county, that person must send written notice of the change of address to the county sheriff within ten days of establishing the new residence.
If any person required to register under this article changes his address into another county in South Carolina, the person must register with the county sheriff in the new county within ten days of establishing the new residence. The person must also provide written notice within ten days of the change of address in the previous county to the county sheriff with whom the person last registered.
If any person required to register under this article moves outside of South Carolina, the person must provide written notice within ten days of the change of address to a new state to the county sheriff with whom the person last registered.
Any person required to register under this article who moves to South Carolina from another state and is not under the jurisdiction of the Department of Corrections, the Department of Probation, Parole, and Pardon Services, or the Department of Juvenile Justice, or the Department of Mental Health at the time of moving to South Carolina must register within ten days of establishing residence in this State.
The sheriff of the county in which the person resides must forward all changes to any information provided by a person required to register under this article to SLED within five business days.
The South Carolina Department of Public Safety, Division of Motor Vehicles, shall inform, in writing, any new resident who applies for a driver's license, chauffeur's license, vehicle tag, or state identification card of the obligation of sex offenders and violent mentally ill offenders to register. The department also shall inform, in writing, a person renewing a driver's license, chauffeur's license, vehicle tag, or state identification card of the requirement for sex offenders to register."
SECTION 5. Section 23-3-480(B) of the 1976 Code, as last amended by Act 384 of 1998, is further amended to read:
"(B) Section 23-3-470 shall not apply to a person convicted of an offense provided in Section 23-3-430(C)(1) or committed to the Department of Mental Health as guilty but mentally ill for committing a violent crime as defined in Section 16-1-60 prior to July 1, 1994, and who was released from custody or commitment prior to July 1, 1994, unless the person has been served notice of the duty to register by the sheriff of the county in which the person resides. This person shall register within ten days of the notification of the duty to register."
SECTION 6. Section 23-3-490 of the 1976 Code, as last amended by Act 110 of 1999, is further amended to read:
"Section 23-3-490. (A) Information collected for the offender registry is open to public inspection, upon request to the county sheriff. A sheriff must release information regarding persons required to register under this article to a member of the public if the request is made in writing, on a form prescribed by SLED. The sheriff must provide the person making the request with the full names of the registered sex or violent mentally ill offenders, any aliases, any other identifying physical characteristics, each offender's date of birth, the home address on file, the offense for which the offender was required to register pursuant to Section 23-3-430, and the date, city, and state of conviction or commitment. A photocopy of a current photograph must also be provided. The sheriff must provide to a newspaper with general circulation within the county a listing of the registry for publication.
A sheriff who provides the offender registry for publication or a newspaper which publishes the registry, or any portion of it, is not liable and must not be named as a party in an action to recover damages or seek relief for errors or omissions in the publication of the offender registry; however, if the error or omission was done intentionally , with malice, or in bad faith the sheriff or newspaper is not immune from liability.
(B) A person may request on a form prescribed by SLED a list of registered sex and violent mentally ill offenders residing in a city, county, or zip code zone or a list of all registered sex and violent mentally ill offenders within the State from SLED. A person may request information regarding a specific person who is required to register under this article from SLED if the person requesting the information provides the name or address of the person about whom the information is sought. SLED shall provide the person making the request with the full names of the requested registered sex and violent mentally ill offenders, any aliases, any other identifying physical characteristics, each offender's date of birth, the home address on file, the offense for which the offender was required to register pursuant to Section 23-3-430, and the date, city, and state of conviction or commitment. The State Law Enforcement Division may charge a reasonable fee to cover the cost of copying and distributing sex and violent mentally ill offender registry lists as provided for in this section. These funds must be used for the sole purpose of offsetting the cost of providing sex and violent mentally ill offender registry lists.
(C) Nothing in subsection (A) prohibits a sheriff from disseminating information contained in subsection (A) regarding persons who are required to register under this article if the sheriff or another law enforcement officer has reason to believe the release of this information will deter criminal activity or enhance public safety. The sheriff shall notify the principals of public and private schools, and the administrator of child day care centers and family day care centers of any sex offender whose address is within one-half mile of the school or business.
(D) For purposes of this article, information on a person adjudicated delinquent in family court for an offense listed in Section 23-3-430 must be made available to the public in accordance with the following provisions:
(1) If a person has been adjudicated delinquent for committing any of the following offenses, information must be made available to the public pursuant to subsections (A) and (B):
(a) criminal sexual conduct in the first degree (Section 16-3-652);
(b) criminal sexual conduct in the second degree (Section 16-3-653);
(c) criminal sexual conduct with minors, first degree (Section 16-3-655(1));
(d) criminal sexual conduct with minors, second degree (Section 16-3-655(2) and (3));
(e) engaging a child for sexual performance (Section 16-3-810);
(f) producing, directing, or promoting sexual performance by a child (Section 16-3-820); or
(g) kidnapping (Section 16-3-910).
(2) Information shall only be made available, upon request, to victims of or witnesses to the offense, public or private schools, child day care centers, family day care centers, businesses or organizations that primarily serve children, women, or vulnerable adults, as defined in Section 43-35-10(11), for persons adjudicated delinquent for committing any of the following offenses:
(a) criminal sexual conduct in the third degree (Section 16-3-654);
(b) criminal sexual conduct: assaults with intent to commit (Section 16-3-656);
(c) criminal sexual conduct with a minor: assaults with intent to commit (Section 16-3-656);
(d) committing or attempting lewd act upon child under sixteen (Section 16-15-140);
(e) peeping (Section 16-17-470);
(f) incest (Section 16-15-20);
(g) buggery (Section 16-15-120);
(h) violations of Article 3, Chapter 15 of Title 16 involving a minor, which violations are felonies; or
(i) indecent exposure.
(3) A person who is under twelve years of age at the time of his adjudication, conviction, guilty plea, or plea of nolo contendere for a first offense of any offense listed in Section 23-3-430(C) shall be required to register pursuant to the provisions of this chapter; however, the person's name or any other information collected for the offender registry shall not be made available to the public.
(4) A person who is under twelve years of age at the time of his adjudication, conviction, guilty plea, or plea of nolo contendere for any offense listed in Section 23-3-430(C) and who has a prior adjudication, conviction, guilty plea, or plea of nolo contendere for any offense listed in Section 23-3-430(C) shall be required to register pursuant to the provisions of this chapter, and all registry information concerning that person shall be made available to the public pursuant to items (1) and (2).
(5) Nothing in this section shall prohibit the dissemination of all registry information to law enforcement.
(E) For purposes of this section, use of computerized or electronic transmission of data or other electronic or similar means is permitted."
SECTION 7. Section 23-3-510 of the 1976 Code, as added by Act 384 of 1998, is amended to read:
"Section 23-3-510. A person who commits a criminal offense using information from the sex and violent mentally ill offender registry disclosed to him pursuant to Section 23-3-490, upon conviction, must be punished as follows:
(1) For a misdemeanor offense, the maximum fine prescribed by law for the offense may be increased by not more than one thousand dollars, and the maximum term of imprisonment prescribed by law for the offense may be increased by not more than six months.
(2) For a felony offense, the maximum term of imprisonment prescribed by law for the offense may be increased by not more than five years."
SECTION 8. Section 23-3-520 of the 1976 Code, as added by Act 384 of 1998, is amended to read:
"Section 23-3-520. (A) An appointed or elected public official, public employee, or public agency is immune from civil liability for damages for any act or omission under this article unless the official's, employee's, or agency's conduct constitutes gross negligence.
(B) Nothing in this chapter imposes an affirmative duty on a person to disclose to a member of the public information from the sex and violent mentally ill offender registry other than on those persons responsible for providing registry information pursuant to their official duties as provided for in this chapter.
(C) Nothing in this section may be construed to mean that information regarding persons on the sex and violent mentally ill offender registry is confidential except as otherwise provided by law."
SECTION 9. Section 23-3-530 of the 1976 Code, as added by Act 110 of 1999, is amended to read:
"Section 23-3-530. The State Law Enforcement Division shall develop and maintain a protocol manual to be used by contributing agencies in the administration of the sex and violent mentally ill offender registry."
SECTION 10. The title of Article 7, Chapter 3, Title 23 of the 1976 Code is changed to "Sex and Violent Mentally Ill Offender Registry".
SECTION 11. This act takes effect upon approval by the Governor.
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