South Carolina General Assembly
115th Session, 2003-2004

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Bill 935

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Indicates New Matter


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Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

May 19, 2004

S. 935

Introduced by Senator Hawkins

S. Printed 5/19/04--H.    [SEC 5/20/04 2:35 PM]

Read the first time April 21, 2004.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (S. 935) to amend Section 24-21-940, Code of Laws of South Carolina, 1976, relating to definitions used with regard to a pardon, so as to provide that, etc., respectfully

REPORT:

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.    Article 13, Chapter 7, Title 20 of the 1976 Code is amended by adding:

"Section 20-7-2265.    When a provision of law or regulation provides for a criminal history background check in connection with licensing, placement, service as a volunteer, or employment with a child welfare agency, the provision of law or regulation may not operate to prohibit licensing, placement, service as a volunteer, or employment when a conviction or plea of guilty or nolo contendere has been pardoned. However, notwithstanding the entry of a pardon, the department, child welfare agency, or employer may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the person is unfit or otherwise unsuited for licensing, placement, service as a volunteer, or employment."

SECTION     2.    Article 1, Chapter 21, Title 24 of the 1976 Code is amended by adding:

"Section 24-21-35.    The Department of Probation, Parole and Pardon Services Board shall make its administrative recommendations available to a victim of a crime before it conducts a parole hearing for the perpetrator of the crime."

SECTION    3.    Section 20-7-1642 of the 1976 Code is further amended by adding at the end:

"(C)    This section does not prevent foster care placement when a conviction or plea of guilty or nolo contendere for one of the crimes enumerated in subsection (A) has been pardoned. However, notwithstanding the entry of a pardon, the department or other entity making placement or licensing decisions may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the applicant is unfit or otherwise unsuited to provide foster care services."

SECTION    4.    Section 20-7-2725(A) of the 1976 Code, as last amended by Act 221 of 2000, is further amended by adding at the end:

"This section does not prohibit employment or provision of caregiver services when a conviction or plea of guilty or nolo contendere for one of the crimes enumerated in this subsection has been pardoned. However, notwithstanding the entry of a pardon, an operator or the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the applicant is unfit or otherwise unsuited for employment or to provide caregiver services."

SECTION    5.    Section 20-7-2730(E) of the 1976 Code, as last amended by Act 54 of 1995, is further amended by adding at the end:

"This section does not prohibit licensing when a conviction or plea of guilty or nolo contendere for one of the crimes enumerated in this subsection has been pardoned. However, notwithstanding the entry of a pardon, the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the person is unfit or otherwise unsuited to be an operator."

SECTION    6.    Section 20-7-2740(D) of the 1976 Code, as last amended by Act 54 of 1995, is further amended by adding at the end:

"This section does not prohibit renewal when a conviction or plea of guilty or nolo contendere for one of the crimes enumerated in this subsection has been pardoned. However, notwithstanding the entry of a pardon, the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the person is unfit or otherwise unsuited to be an operator."

SECTION    7.    Section 20-7-2800(D) of the 1976 Code, as last amended by Act 54 of 1995, is further amended by adding at the end:

"This section does not prohibit approval when a conviction or plea of guilty or nolo contendere for one of the crimes enumerated in this subsection has been pardoned. However, notwithstanding the entry of a pardon, the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the person is unfit or otherwise unsuited as an applicant or to be an operator, caregiver, or employee."

SECTION    8.    Section 20-7-2810(D) of the 1976 Code, as last amended by Act 444 of 1996, is further amended by adding at the end:

"This section does not prohibit renewal when a conviction or plea of guilty or nolo contendere for one of the crimes enumerated in this subsection has been pardoned. However, notwithstanding the entry of a pardon, the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the person is unfit or otherwise unsuited as an applicant or to be an operator, caregiver, or employee."

SECTION    9.    Section 20-7-2850(D) of the 1976 Code, as last amended by Act 444 of 1996, is further amended by adding at the end:

"This section does not operate to prohibit registration or renewal when a conviction or plea of guilty or nolo contendere for one of the crimes enumerated in this subsection has been pardoned. However, notwithstanding the entry of a pardon, the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the person is unfit or otherwise unsuited to be an operator, caregiver, employee, or to be living in the family daycare home."

SECTION    10.    Section 20-7-2900(C) of the 1976 Code, as last amended by Act 220 of 2000, is further amended by adding at the end:

"This section does not prohibit licensing, registration, or the renewal of a license or registration when a conviction or plea of guilty or nolo contendere for one of the crimes enumerated in this subsection has been pardoned. However, notwithstanding the entry of a pardon, the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the person is unfit or otherwise unsuited to be an operator, caregiver, or employee."

SECTION    11.    Section 20-7-3097(A) of the 1976 Code, as last amended by Act 444 of 1996, is further amended by adding at the end:

"This section does not prohibit employment when a conviction or plea of guilty or nolo contendere for one of the crimes listed has been pardoned. However, notwithstanding the entry of a pardon, the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the applicant is unfit or otherwise unsuited for employment."

SECTION    12. Section 24-3-550(A)(2) of the 1976 Code, as last amended by Act 124 of 1997, is further amended to read:

"(2)    the solicitor, or an assistant solicitor or former solicitor designated by the solicitor, for the county where the offense occurred;"

SECTION    13.    Section 24-21-30 of the 1976 Code, as last amended by Act 83 of 1995, is further amended by adding at the end:

"(C)    The board shall conduct all parole hearings in cases that relate to a single victim on the same day.

(D)    Upon the request of a victim, the board may allow the victim and an offender to appear simultaneously before the board for the purpose of providing testimony."

SECTION    14.    Section 24-21-710(E) of the 1976 Code, as added by Act 57 of 1995, is amended to read:

"(E)    The Department of Corrections may install, maintain, and operate a two-way closed circuit television system in one or more correctional institutions of the department that confines persons eligible for parole. The Board of Probation, Parole, and Pardon Services may shall install, maintain, and operate a closed circuit television system systems at a location locations determined by the board and may conduct parole hearings by means of a two-way closed circuit television system provided in this section. A victim of a crime must be allowed access to this system to appear before the board during a parole hearing."

SECTION    15.    This act takes effect upon approval by the Governor. /

Amend title to read:

/ TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2265 SO AS TO PROVIDE THAT, WHEN A PROVISION OF LAW OR REGULATION PROVIDES FOR A CRIMINAL HISTORY BACKGROUND CHECK IN CONNECTION WITH LICENSING, PLACEMENT, SERVICE AS A VOLUNTEER, OR EMPLOYMENT WITH A CHILD WELFARE AGENCY, THE PROVISION OF LAW OR REGULATION MAY NOT OPERATE TO PROHIBIT THESE ACTIONS WHEN A CONVICTION OR PLEA OF GUILTY OR NOLO CONTENDERE HAS BEEN PARDONED AND TO PROVIDE ADDITIONAL CONDITIONS; BY ADDING SECTION 24-21-35 SO AS TO PROVIDE THAT THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES BOARD SHALL MAKE ITS ADMINISTRATIVE RECOMMENDATIONS AVAILABLE TO A VICTIM OF A CRIME BEFORE IT CONDUCTS A PAROLE HEARING FOR THE PERPETRATOR OF THE CRIME; TO AMEND SECTION 20-7-1642, AS AMENDED, RELATING TO THE PROHIBITION OF FOSTER CARE PLACEMENT OF A CHILD WITH CERTAIN PERSONS, SO AS TO PROVIDE THAT THE PLACEMENT IS AUTHORIZED WHEN THE CONVICTION OR PLEA OF GUILTY OR NOLO CONTENDERE OF CERTAIN CRIMES IS PARDONED AND TO PROVIDE ADDITIONAL CONDITIONS; TO AMEND SECTION 20-7-2725, AS AMENDED, RELATING TO THE PROHIBITION OF EMPLOYING CERTAIN PERSONS AT A CHILDCARE CENTER, SO AS TO PROVIDE THAT THIS SECTION DOES NOT PROHIBIT EMPLOYMENT OR PROVISION CAREGIVER SERVICES WHEN A CONVICTION OR PLEA OF GUILTY OR NOLO CONTENDERE OF CERTAIN CRIMES HAS BEEN PARDONED AND TO PROVIDE ADDITIONAL CONDITIONS; TO AMEND SECTION 20-7-2730, AS AMENDED, RELATING TO LICENSING OF A CHILDCARE CENTER OR GROUP CHILDCARE HOME, SO AS TO PROVIDE THAT THIS SECTION DOES NOT PROHIBIT LICENSING WHEN A CONVICTION OR PLEA OF GUILTY OR NOLO CONTENDERE FOR CERTAIN CRIMES HAS BEEN PARDONED AND TO PROVIDE ADDITIONAL CONDITIONS; TO AMEND SECTION 20-7-2740, AS AMENDED, RELATING TO THE RENEWAL OF LICENSING A CHILDCARE CENTER OR GROUP CHILDCARE CENTER, SO AS TO PROVIDE THAT THIS SECTION DOES NOT PROHIBIT RENEWAL WHEN A CONVICTION OR PLEA OF GUILTY OR NOLO CONTENDERE FOR CERTAIN CRIMES HAS BEEN PARDONED AND TO PROVIDE ADDITIONAL CONDITIONS; TO AMEND SECTION 20-7-2800, AS AMENDED, RELATING TO THE APPLICATION FOR A STATEMENT OF STANDARD CONFORMITY OR APPROVAL FOR THE OPERATION OF A PUBLIC CHILDCARE CENTER OR GROUP CHILDCARE HOME, SO AS TO PROVIDE THAT THIS SECTION DOES NOT PROHIBIT APPROVAL WHEN A CONVICTION OR PLEA OF GUILTY OR NOLO CONTENDERE FOR CERTAIN CRIMES HAS BEEN PARDONED AND TO PROVIDE ADDITIONAL CONDITIONS; TO AMEND SECTION 20-7-2810, AS AMENDED, RELATING TO THE RENEWAL OF THE APPROVAL FOR THE OPERATION OF A PUBLIC CHILDCARE CENTER OR GROUP CHILDCARE HOME, SO AS TO PROVIDE THAT THIS SECTION DOES NOT PROHIBIT THE RENEWAL WHEN A CONVICTION OR PLEA OF GUILTY OR NOLO CONTENDERE FOR CERTAIN CRIMES HAS BEEN PARDONED AND TO PROVIDE ADDITIONAL CONDITIONS; TO AMEND SECTION 20-7-2850, AS AMENDED, RELATING TO THE REGISTRATION OF AN OPERATOR OF A FAMILY CHILDCARE HOME, SO AS TO PROVIDE THAT THIS SECTION DOES NOT OPERATE TO PROHIBIT REGISTRATION OR RENEWAL WHEN A CONVICTION OR PLEA OF GUILTY OR NOLO CONTENDERE FOR CERTAIN CRIMES HAS BEEN PARDONED AND TO PROVIDE ADDITIONAL CONDITIONS; TO AMEND SECTION 20-7-2900, AS AMENDED, RELATING TO THE REGISTRATION AND INSPECTION OF A CHILDCARE CENTER OR GROUP CHILDCARE HOME OPERATED BY A CHURCH OR RELIGIOUS COLLEGE OR UNIVERSITY, SO AS TO PROVIDE THAT THIS SECTION DOES NOT PROHIBIT LICENSING, REGISTRATION, OR RENEWAL OF A LICENSE OR REGISTRATION WHEN A CONVICTION OR PLEA OF GUILTY OR NOLO CONTENDERE FOR CERTAIN CRIMES HAS BEEN PARDONED AND TO PROVIDE ADDITIONAL CONDITIONS; TO AMEND SECTION 20-7-3097, AS AMENDED, RELATING TO THE REQUIREMENT THAT, BEFORE THE DEPARTMENT OF SOCIAL SERVICES EMPLOYS A PERSON IN ITS CHILDCARE LICENSING OR CHILD PROTECTIVE SERVICES DIVISIONS, THE PERSON SHALL UNDERGO A STATE FINGERPRINT REVIEW TO BE CONDUCTED BY THE STATE LAW ENFORCEMENT DIVISION, SO AS TO PROVIDE THAT THIS SECTION DOES NOT PROHIBIT EMPLOYMENT WHEN A CONVICTION OR PLEA OF GUILTY OR NOLO CONTENDERE FOR CERTAIN CRIMES HAS BEEN PARDONED AND TO PROVIDE ADDITIONAL CONDITIONS; TO AMEND SECTION 24-3-550, AS AMENDED, RELATING TO WITNESSES AT AN EXECUTION, SO AS TO AUTHORIZE A FORMER SOLICITOR TO BE PRESENT AT THE EXECUTION; TO AMEND SECTION 24-21-30, AS AMENDED, RELATING TO PAROLE BOARD MEETINGS, SO AS TO PROVIDE THAT THE BOARD SHALL CONDUCT ALL PAROLE HEARINGS IN CASES THAT RELATE TO A SINGLE VICTIM ON THE SAME DAY AND TO PROVIDE THAT, UPON THE REQUEST OF A VICTIM, THE BOARD MAY ALLOW THE VICTIM AND AN OFFENDER TO APPEAR SIMULTANEOUSLY BEFORE THE BOARD FOR THE PURPOSE OF PROVIDING TESTIMONY; AND TO AMEND SECTION 24-21-710, AS AMENDED, RELATING TO FILM, VIDEOTAPE, OR OTHER ELECTRONIC INFORMATION THAT MAY BE CONSIDERED BY THE PAROLE BOARD WHEN IT MAKES A PAROLE DETERMINATION, SO AS TO PROVIDE THAT THE BOARD SHALL MAINTAIN AND ALLOW CRIME VICTIMS TO APPEAR BEFORE THE BOARD DURING PAROLE HEARINGS VIA A TWO-WAY CLOSED CIRCUIT TELEVISION SYSTEM. /

Renumber sections to conform.

JAMES H. HARRISON for Committee.

            

A BILL

TO AMEND SECTION 24-21-940, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED WITH REGARD TO A PARDON, SO AS TO PROVIDE THAT A SPECIFIC PROVISION OF LAW MAY LIMIT THE EFFECT OF A PARDON; AND TO AMEND SECTION 24-21-990, AS AMENDED, RELATING TO THE RESTORATION OF CIVIL RIGHTS LOST AS A RESULT OF CONVICTION, SO AS TO PROVIDE THAT CERTAIN CRIMINAL HISTORY BACKGROUND REVIEWS ARE NOT AFFECTED BY A PARDON.

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

SECTION    1.    Section 20-7-1642 of the 1976 Code is further amended by adding at the end:

"(C)    This section does not prevent foster care placement when a conviction or plea of guilty or nolo contendere for one of the crimes enumerated in subsection (A) has been pardoned. However, notwithstanding the entry of a pardon, the department or other entity making placement or licensing decisions may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the applicant is unfit or otherwise unsuited to provide foster care services."

SECTION    2.    Article 13, Chapter 7, Title 20 of the 1976 Code is amended by adding:

"Section 20-7-2265.    When a provision of law or regulation provides for a criminal history background check in connection with licensing, placement, service as a volunteer, or employment with a child welfare agency, the provision of law or regulation may not operate to prohibit licensing, placement, service as a volunteer, or employment when a conviction or plea of guilty or nolo contendere has been pardoned. However, notwithstanding the entry of a pardon, the department, child welfare agency, or employer may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the person is unfit or otherwise unsuited for licensing, placement, service as a volunteer, or employment."

SECTION    3.    Section 20-7-2725(A) of the 1976 Code, as last amended by Act 221 of 2000, is further amended by adding at the end:

"This section does not prohibit employment or provision of caregiver services when a conviction or plea of guilty or nolo contendere for one of the crimes enumerated in this subsection has been pardoned. However, notwithstanding the entry of a pardon, an operator or the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the applicant is unfit or otherwise unsuited for employment or to provide caregiver services."

SECTION    4.    Section 20-7-2730(E) of the 1976 Code, as last amended by Act 54 of 1995, is further amended by adding at the end:

"This section does not prohibit licensing when a conviction or plea of guilty or nolo contendere for one of the crimes enumerated in this subsection has been pardoned. However, notwithstanding the entry of a pardon, the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the person is unfit or otherwise unsuited to be an operator."

SECTION    5.    Section 20-7-2740(D) of the 1976 Code, as last amended by Act 54 of 1995, is further amended by adding at the end:

"This section does not prohibit renewal when a conviction or plea of guilty or nolo contendere for one of the crimes enumerated in this subsection has been pardoned. However, notwithstanding the entry of a pardon, the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the person is unfit or otherwise unsuited to be an operator."

SECTION    6.    Section 20-7-2800(D) of the 1976 Code, as last amended by Act 54 of 1995, is further amended by adding at the end:

"This section does not prohibit approval when a conviction or plea of guilty or nolo contendere for one of the crimes enumerated in this subsection has been pardoned. However, notwithstanding the entry of a pardon, the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the person is unfit or otherwise unsuited as an applicant or to be an operator, caregiver, or employee."

SECTION    7.    Section 20-7-2810(D) of the 1976 Code, as last amended by Act 444 of 1996, is further amended by adding at the end:

"This section does not prohibit renewal when a conviction or plea of guilty or nolo contendere for one of the crimes enumerated in this subsection has been pardoned. However, notwithstanding the entry of a pardon, the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the person is unfit or otherwise unsuited as an applicant or to be an operator, caregiver, or employee."

SECTION    8.    Section 20-7-2850(D) of the 1976 Code, as last amended by Act 444 of 1996, is further amended by adding at the end:

"This section does not operate to prohibit registration or renewal when a conviction or plea of guilty or nolo contendere for one of the crimes enumerated in this subsection has been pardoned. However, notwithstanding the entry of a pardon, the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the person is unfit or otherwise unsuited to be an operator, caregiver, employee, or to be living in the family daycare home."

SECTION    9.    Section 20-7-2900(C) of the 1976 Code, as last amended by Act 220 of 2000, is further amended by adding at the end:

"This section does not prohibit licensing, registration, or the renewal of a license or registration when a conviction or plea of guilty or nolo contendere for one of the crimes enumerated in this subsection has been pardoned. However, notwithstanding the entry of a pardon, the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the person is unfit or otherwise unsuited to be an operator, caregiver, or employee."

SECTION    10.    Section 20-7-3097(A) of the 1976 Code, as last amended by Act 444 of 1996, is further amended by adding at the end:

"This section does not prohibit employment when a conviction or plea of guilty or nolo contendere for one of the crimes listed has been pardoned. However, notwithstanding the entry of a pardon, the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the applicant is unfit or otherwise unsuited for employment."

SECTION    11.    This act takes effect by approval by the Governor.

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