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A141, R182, H3328
STATUS INFORMATION
General Bill
Sponsors: Reps. Brady, Ceips, Cobb-Hunter, Funderburk, Haley, Haskins, Hinson, Lee, Martin, Miller, Moody-Lawrence, Neilson, Parks, Young and Clark
Document Path: l:\council\bills\swb\6236cm05.doc
Companion/Similar bill(s): 734
Introduced in the House on January 19, 2005
Introduced in the Senate on May 3, 2005
Last Amended on June 1, 2005
Passed by the General Assembly on June 1, 2005
Governor's Action: June 7, 2005, Signed
Summary: Sex offender registry
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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1/19/2005 House Introduced and read first time HJ-14
1/19/2005 House Referred to Committee on Judiciary HJ-15
4/27/2005 House Recalled from Committee on Judiciary HJ-139
4/28/2005 House Member(s) request name added as sponsor: Clark
4/28/2005 House Amended HJ-56
4/28/2005 House Read second time HJ-64
4/28/2005 House Unanimous consent for third reading on next legislative
day HJ-64
4/29/2005 House Read third time and sent to Senate HJ-2
4/29/2005 Scrivener's error corrected
5/3/2005 Senate Introduced and read first time
5/3/2005 Senate Referred to Committee on Judiciary
5/18/2005 Senate Committee report: Favorable with amendment Judiciary
SJ-19
5/19/2005 Senate Amended SJ-68
5/19/2005 Senate Read second time SJ-68
5/19/2005 Scrivener's error corrected
5/24/2005 Scrivener's error corrected
5/25/2005 Senate Read third time and returned to House with amendments
SJ-55
5/26/2005 House Non-concurrence in Senate amendment HJ-60
5/26/2005 Senate Senate insists upon amendment and conference committee
appointed Martin, Hutto, and Campsen SJ-293
5/31/2005 House Conference committee appointed Reps. Brady, Rutherford,
and GM Smith HJ-64
5/31/2005 Senate Free conference powers granted SJ-22
5/31/2005 Senate Free conference committee appointed Martin, Hutto, and
Campsen SJ-22
6/1/2005 House Free conference powers granted HJ-87
6/1/2005 House Free conference committee appointed Reps. GM Smith,
Rutherford, and Brady HJ-90
6/1/2005 House Free conference report received and adopted HJ-90
6/1/2005 Senate Free conference report received and adopted SJ-51
6/1/2005 House Ordered enrolled for ratification HJ-103
6/2/2005 Ratified R 182
6/7/2005 Signed By Governor
6/13/2005 Copies available
6/13/2005 Effective date See Act for Effective Date
6/16/2005 Act No. 141
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
1/19/2005
4/27/2005
4/28/2005
4/29/2005
5/18/2005
5/19/2005
5/19/2005-A
5/24/2005
6/1/2005
(A141, R182, H3328)
AN ACT TO AMEND SECTION 23-3-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPERATION OF THE SEX OFFENDER REGISTRY BY THE STATE LAW ENFORCEMENT DIVISION (SLED), SO AS TO PROVIDE THAT SLED SHALL INCLUDE AND CROSS-REFERENCE ALIAS NAMES IN THE REGISTRY; TO AMEND SECTION 23-3-430, AS AMENDED, RELATING TO PERSONS WHO MUST BE REFERRED TO AS SEX OFFENDERS, SO AS TO PROVIDE THAT THE NAME OF A PERSON FOUND NOT GUILTY BY REASON OF INSANITY OF A SEX OFFENSE IN THIS OR ANOTHER COUNTRY OR FOUND GUILTY OF A SEX OFFENSE IN ANOTHER COUNTRY MUST REGISTER AS A SEX OFFENDER UNDER CERTAIN CIRCUMSTANCES, TO ADD ADDITIONAL OFFENSES TO THE LIST OF OFFENSES THAT CONSTITUTE SEX OFFENSES, TO PROVIDE THE CIRCUMSTANCES IN WHICH A PERSON WHO RECEIVES A PARDON FOR A SEX OFFENSE MAY HAVE HIS NAME REMOVED FROM THE SEX OFFENDER REGISTRY, AND TO PROVIDE THE CIRCUMSTANCES IN WHICH A PERSON WHO FILES A PETITION FOR A WRIT OF HABEAS CORPUS OR A MOTION FOR A NEW TRIAL MAY HAVE HIS NAME REMOVED FROM THE SEX OFFENDER REGISTRY; TO AMEND SECTION 23-3-440, AS AMENDED, RELATING TO THE NOTIFICATION A SHERIFF MUST RECEIVE FROM CERTAIN CORRECTIONAL AGENCIES REGARDING THE RELEASE OF A SEX OFFENDER, SO AS TO PROVIDE THAT SLED AND NOT THE CORRECTIONAL AGENCIES MUST NOTIFY A SHERIFF WHEN A SEX OFFENDER INTENDS TO RESIDE IN A COUNTY UNDER HIS JURISDICTION, TO REVISE THE LIST OF AGENCIES THAT MUST NOTIFY AN OFFENDER THAT HE MUST REGISTER WITH THE COUNTY IN WHICH HE INTENDS TO RESIDE ONCE HE IS RELEASED, TO REVISE THE PERIOD OF TIME IN WHICH THE OFFENDER MUST BE NOTIFIED THAT HE MUST REGISTER AND TO PROVIDE THAT AN OFFENDER'S PHOTOGRAPH MUST BE PROVIDED TO SLED BEFORE HE IS RELEASED; TO AMEND SECTION 23-3-450, AS AMENDED, RELATING TO REQUIRING A SEX OFFENDER TO REGISTER WITH THE SHERIFF OF THE COUNTY IN WHICH HE RESIDES, SO AS TO PROVIDE THAT THE OFFENDER ALSO MUST REGISTER WITH THE SHERIFF OF EACH COUNTY WHERE HE OWNS REAL PROPERTY, OR ATTENDS SCHOOL, TO PROVIDE THAT THE SHERIFF IN THE COUNTY IN WHICH THE OFFENDER OWNS REAL PROPERTY, OR ATTENDS SCHOOL SHALL FORWARD ALL REQUIRED REGISTRATION INFORMATION TO SLED, AND TO PROVIDE THAT THE SHERIFF IN THE COUNTY IN WHICH AN OFFENDER RESIDES, OWNS REAL PROPERTY, OR ATTENDS SCHOOL SHALL NOTIFY ALL LOCAL LAW ENFORCEMENT AGENCIES OF AN OFFENDER WHO RESIDES, OWNS REAL PROPERTY, OR ATTENDS SCHOOL WITHIN THE LOCAL LAW ENFORCEMENT AGENCY'S JURISDICTION; TO AMEND SECTION 23-3-460, AS AMENDED, RELATING TO REQUIRING A SEX OFFENDER TO REGISTER ANNUALLY FOR LIFE, SO AS TO PROVIDE THAT A REGISTERED SEX OFFENDER WHO OWNS OR ACQUIRES REAL PROPERTY WITHIN THIS STATE OR ATTENDS SCHOOL MUST REGISTER WITH THE SHERIFF IN EACH COUNTY IN WHICH HE OWNS REAL PROPERTY OR ATTENDS SCHOOL, TO PROVIDE THAT AN OFFENDER WHO IS EMPLOYED BY, ATTENDS, IS ENROLLED AT, OR CARRIES ON A VOCATION AT ANY SCHOOL MUST PROVIDE NOTICE OF EACH CHANGE IN ATTENDANCE, EMPLOYMENT, OR VOCATION STATUS AT A SCHOOL IN THIS STATE, TO REVISE THE DEFINITION OF THE TERM "STUDENT", TO REVISE THE PROCEDURES THAT PERSONS WHO MOVE INTO THIS STATE MUST FOLLOW TO REGISTER AS SEX OFFENDERS, TO REQUIRE A SHERIFF WHO RECEIVES INFORMATION ABOUT A SEX OFFENDER'S CHANGE OF ADDRESS, SCHOOL ATTENDANCE, EMPLOYMENT, OR VOCATIONAL STATUS, TO NOTIFY ALL LOCAL LAW ENFORCEMENT AGENCIES OF AN OFFENDER WHOSE ADDRESS, REAL PROPERTY, OR SCHOOL IS IN THE LOCAL LAW ENFORCEMENT AGENCY'S JURISDICTION; TO AMEND SECTION 23-3-470, AS AMENDED, RELATING TO A SEX OFFENDER'S FAILURE TO REGISTER, SO AS TO PROVIDE THAT A SEX OFFENDER MUST PROVIDE A SHERIFF NOTIFICATION OF A CHANGE OF ADDRESS, CHANGE IN ATTENDANCE, ENROLLMENT, OR VOCATIONAL STATUS AT ANY SCHOOL, AND TO PROVIDE THAT THE PENALTIES CONTAINED IN THIS SECTION MUST BE IMPOSED ON A PERSON WHO FAILS TO PROVIDE THIS NOTIFICATION; TO ADD SECTION 23-3-525 SO AS TO PROVIDE THAT A REAL ESTATE BROKERAGE AND ITS AFFILIATED LICENSEES ARE IMMUNE FROM LIABILITY FOR ANY ACT OR OMISSION RELATED TO THE DISCLOSURE OF INFORMATION CONTAINED IN THE SEX OFFENDER REGISTRY IF THE BROKERAGE OR ITS AFFILIATED LICENSEES PROVIDES TO ITS CLIENTS AND CUSTOMERS NOTICE THAT MAY OBTAIN INFORMATION ABOUT THE SEX OFFENDER REGISTRY AND PERSONS REGISTERED WITH THE REGISTRY FROM THE COUNTY SHERIFF; TO ADD SECTION 23-3-540 SO AS TO PROVIDE FOR THE ACTIVE ELECTRONIC MONITORING OF CERTAIN OFFENDERS, AND A PENALTY FOR TAMPERING WITH, REMOVING, OR DAMAGING THE ELECTRONIC MONITORING DEVICE; TO ADD SECTION 23-3-550 SO AS TO PROVIDE THAT A PERSON WHO PROTECTS, HARBORS, OR CONCEALS AN OFFENDER WHO THE PERSON KNOWS IS NOT IN COMPLIANCE WITH THE PROVISIONS RELATING TO THE SEX OFFENDER REGISTRY IS GUILTY OF A FELONY; AND TO AMEND SECTION 40-57-180, AS AMENDED, RELATING TO THE DEPARTMENT OF LABOR, LICENSING AND REGULATION'S AUTHORITY TO REGULATE OWNERS OF REAL ESTATE AND LICENSED REAL ESTATE AGENTS, SO AS TO DELETE THE PROVISION THAT PROVIDES THAT A CAUSE OF ACTION MAY NOT ARISE AGAINST AN OWNER OF REAL ESTATE OR A LICENSED REAL ESTATE AGENT OF ANY PARTY TO A TRANSACTION FOR FAILURE TO DISCLOSE IN A TRANSACTION THE LOCATION OF ANY REGISTERED SEX OFFENDER.
Be it enacted by the General Assembly of the State of South Carolina:
Sex offender registry
SECTION 1. Section 23-3-410 of the 1976 Code, as last amended by Act 384 of 1998, is further amended to read:
"Section 23-3-410. (A) The registry is under the direction of the Chief of the State Law Enforcement Division (SLED) and shall contain information the chief considers necessary to assist law enforcement in the location of persons convicted of certain offenses. SLED shall develop and operate the registry to: collect, analyze, and maintain information; make information available to every enforcement agency in this State and in other states; and establish a security system to ensure that only authorized persons may gain access to information gathered under this article.
(B) SLED shall include and cross-reference alias names in the registry."
Sex offender registry
SECTION 2. Section 23-3-430 of the 1976 Code, as last amended by Act 208 of 2004, 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 convicted of, adjudicated delinquent for, pled guilty or nolo contendere to an offense described below, or who has been convicted, adjudicated delinquent, pled guilty or nolo contendere, or found not guilty by reason of insanity in any comparable court in the United States, or a foreign country, or who has been convicted, adjudicated delinquent, pled guilty or nolo contendere, or found not guilty by reason of insanity in the United States federal courts of a similar offense, or who has been convicted of, adjudicated delinquent for, pled guilty or nolo contendere, or found not guilty by reason of insanity 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. A person who has been found not guilty by reason of insanity shall not be required to register pursuant to the provisions of this article unless and until the person is declared to no longer be insane or is ordered to register by the trial judge. A person who has been convicted, adjudicated delinquent, pled guilty or nolo contendere, or found not guilty by reason of insanity in any court in a foreign country may raise as a defense to a prosecution for failure to register that the offense in the foreign country was not equivalent to any offense in this State for which he would be required to register and may raise as a defense that the conviction, adjudication, plea, or finding in the foreign country was based on a proceeding or trial in which the person was not afforded the due process of law as guaranteed by the Constitution of the United States and this State.
(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) 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);
(20) criminal solicitation of a minor if the purpose or intent of the solicitation or attempted solicitation was to:
(a) persuade, induce, entice, or coerce the person solicited to engage or participate in sexual activity as defined in Section 16-15-375(5);
(b) perform a sexual activity in the presence of the person solicited (Section 16-15-342); or
(21) administering, distributing, dispensing, delivering, or aiding, abetting, attempting, or conspiring to administer, distribute, dispense, or deliver a controlled substance or gamma hydroxy butyrate to an individual with the intent to commit a crime listed in Section 44-53-370(f), except petit larceny or grand larceny.
(D) Upon conviction, adjudication of delinquency, guilty plea, or plea of nolo contendere of a person of an offense not listed in this article, the presiding judge may order as a condition of sentencing that the person be included in the sex 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 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 subsection (C) was reversed, overturned, or vacated on appeal and a final judgment has been rendered.
(F) If an offender receives a pardon for the offense for which he was required to register, the offender may not be removed from the registry except:
(1) as provided by the provisions of subsection (E); or
(2) if the pardon is based on a finding of not guilty specifically stated in the pardon.
(G) If an offender files a petition for a writ of habeas corpus or a motion for a new trial pursuant to Rule 29 (b), South Carolina Rules of Criminal Procedure, based on newly discovered evidence, the offender may not be removed from the registry except:
(1) as provided by the provisions of subsection (E); or
(2)(a) if the circuit court grants the offender's petition or motion and orders a new trial; and
(b) a verdict of acquittal is returned at the new trial or entered with the state's consent."
Sex offender registry
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) Before an offender's release from the Department of Corrections after completion of the term of imprisonment, from the Department of Juvenile Justice after completion of the term of confinement, or being placed on parole, SLED, based upon information provided by the Department of Corrections, the Department of Juvenile Justice, the Juvenile Parole Board, or the Department of Probation, Parole and Pardon Services, shall notify the sheriff of the county where the offender intends to reside that the offender is being released and has provided an address within the jurisdiction of the sheriff for that county. The Department of Corrections, the Department of Juvenile Justice, the Juvenile Parole Board, and the Department of Probation, Parole and Pardon Services 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 one business day of his release. Further, the Department of Corrections, the Department of Juvenile Justice, and the Juvenile Parole Board shall obtain descriptive information of the offender, including a current photograph prior to release. The offender's photograph must be provided to SLED before he is released.
(2) Based upon information provided by the Department of Probation, Parole and Pardon Services, SLED shall notify 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 one business day 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) Based upon information provided by the Department of Juvenile Justice, or the Juvenile Parole Board SLED shall notify the sheriff of the county where an offender is residing when the offender is released from a Department of Juvenile Justice facility or the Juvenile Parole Board, or when the Department of Juvenile Justice or the Juvenile Parole Board is required to supervise the actions of the juvenile. The Department of Juvenile Justice or the Juvenile Parole Board 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 one business day of his release. 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 shall provide to SLED the initial registry information regarding the offender prior to his release from imprisonment or relief of supervision. This information shall be collected in the event the offender fails to register with his county sheriff."
Sex offender registry
SECTION 4. Section 23-3-450 of the 1976 Code, as last amended by Act 384 of 1998, is further amended to read:
"Section 23-3-450. The offender shall register with the sheriff of each county in which he resides, owns real property, or attends any public or private school, including, but not limited to, a secondary school, adult education school, college or university, and any vocational, technical, or occupational school. To register, the offender must provide information as prescribed by SLED. The sheriff in the county in which the offender resides, owns real property, or attends any public or private school shall forward all required registration information to SLED within five business days. A copy of this information must be kept by the sheriff's department. The county sheriff shall ensure that all information required by SLED is secured and shall establish specific times of the day during which an offender may register. An offender shall not be considered to have registered until all information prescribed by SLED has been provided to the sheriff. The sheriff in the county in which the offender resides, owns real property, or attends any public or private school shall notify all local law enforcement agencies, including college or university law enforcement agencies, within five business days of an offender who resides, owns real property, or attends any public or private school within the local law enforcement agency's jurisdiction."
Sex offender registry
SECTION 5. Section 23-3-460 of the 1976 Code, as last amended by Act 310 of 2002, is further amended to read:
"Section 23-3-460. A person required to register under this article is required to register annually for life. For purposes of this article, 'annually' means each year within thirty days after the anniversary date of the offender's last registration. The offender shall register at the sheriff's department in each county where he resides, owns real property, or attends any public or private school, including, but not limited to, a secondary school, adult education school, college or university, and any vocational, technical, or occupational school. 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 a 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 sheriff within ten days of establishing the new residence. If a person required to register under this article owns or acquires real property within a county in this State, or attends any public or private school, including, but not limited to, a secondary school, adult education school, college or university, and any vocational, technical, or occupational school, he must register with the sheriff in each county where the real property or the public or private school is located within ten days of acquiring the real property or attending the public or private school.
If a 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 sheriff with whom the person last registered.
A person required to register under this article and who is employed by, attends, is enrolled at, or carries on a vocation at any public or private school, including, but not limited to, a kindergarten, elementary school, middle school or junior high, high school, secondary school, adult education school, college or university, and any vocational, technical, or occupational school must provide written notice within ten days of each change in attendance, enrollment, employment, or vocation status at any public or private school in this State. For purposes of this section: 'employed and carries on a vocation' means employment that is full-time or part-time for a period of time exceeding fourteen days or for an aggregate period of time exceeding thirty days during any calendar year, whether financially compensated, volunteered, or for the purpose of government or educational benefit; and 'student' means a person who is enrolled on a full-time or part-time basis, in any public or private school, including, but not limited to, a kindergarten, elementary school, middle school or junior high, high school, secondary school, adult education school, college or university, and any vocational, technical, or occupational school.
If a 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.
A person required to register under this article who moves to South Carolina from another state, establishes residence, acquires real property, attends or is enrolled at, or is employed by or carries on a vocation at any public or private school, including, but not limited to, a kindergarten, elementary school, middle school or junior high, high school, secondary school, adult education school, college or university, and any vocational, technical, or occupational school in South Carolina, and is not under the jurisdiction of the Department of Corrections, the Department of Probation, Parole and Pardon Services, the Department of Juvenile Justice, or the Juvenile Parole Board at the time of moving to South Carolina must register within ten days of establishing residence, acquiring real property, attending or enrolling at, or being employed by or carrying on a vocation at any public or private school 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.
A sheriff who receives registration information, notification of change of address, or notification of change in attendance, enrollment, employment, or vocation status at any public or private school, including, but not limited to, a kindergarten, elementary school, middle school or junior high, high school, secondary school, adult education school, college or university, and any vocational, technical, or occupational school, must notify all local law enforcement agencies, including college or university law enforcement agencies, within five business days of an offender whose address, real property, or public or private school is within the local law enforcement agency's jurisdiction.
The South Carolina Department 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 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."
Sex offender registry
SECTION 6. Section 23-3-470 of the 1976 Code, as last amended by Act 384 of 1998, is further amended to read:
"Section 23-3-470. (A) It is the duty of the offender to contact the sheriff in order to register, provide notification of change of address, or notification of change in attendance, enrollment, employment, or vocation status at any public or private school, including, but not limited to, a kindergarten, elementary school, middle school or junior high, high school, secondary school, adult education school, college or university, and any vocational, technical, or occupational school. If an offender fails to register, provide notification of change of address, or notification of change in attendance, enrollment, employment, or vocation status at any public or private school, as required by this article, he must be punished as provided in subsection (B).
(B)(1) A person convicted for a first offense is guilty of a misdemeanor and must be imprisoned for a mandatory period of ninety days, no part of which shall be suspended nor probation granted.
(2) A person convicted for a second offense is guilty of a misdemeanor and must be imprisoned for a mandatory period of one year, no part of which shall be suspended nor probation granted.
(3) A person convicted for a third or subsequent offense is guilty of a felony and must be imprisoned for a mandatory period of five years, three years of which shall not be suspended nor probation granted."
Sex offender registry
SECTION 7. Article 7, Chapter 3, Title 23 of the 1976 Code is amended by adding:
"Section 23-3-525. A real estate brokerage and its affiliated licensees is immune from liability for any act or omission related to the disclosure of information under this chapter if the brokerage or its affiliated licensees in a timely manner provides to its clients and customers written notice that they may obtain information about the sex offender registry and persons registered with the registry by contacting the county sheriff. The notice may be included as part of a listing agreement, buyer representation agreement, or sales agreement."
Electronic monitoring of sex offenders
SECTION 8. Article 7, Chapter 3, Title 23 of the 1976 Code is amended by adding:
"Section 23-3-540. (A) Prior to an offender's release after completion of a term of imprisonment, being placed on parole, being placed under community supervision, being placed under a community supervision program, or when an offender is sentenced to probation, the Department of Probation, Parole and Pardon Services shall place the offender under a system of active electronic monitoring that identifies the location of the offender and that can produce, upon request, reports or records of the offender's presence near or within a crime scene or prohibited area or the offender's departure from a specified geographic location.
(B) An offender who violates a term of probation, parole, community supervision, or a community supervision program must be ordered by the court to be placed by the Department of Probation, Parole and Pardon Services under a system of active electronic monitoring that identifies the location of the offender and that can produce, upon request, reports or records of the offender's presence near or within a crime scene or prohibited area or the offender's departure from a specified geographic location.
(C) This section applies to an offender who has been:
(1) convicted of, pled guilty or nolo contendere to, or been adjudicated delinquent for any of the following offenses:
(a) criminal sexual conduct with minors, first degree (Section 16-3-655(1));
(b) 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;
(c) engaging a child for sexual performance (Section 16-3-810);
(d) producing, directing, or promoting sexual performance by a child (Section 16-3-820);
(e) criminal sexual conduct: assaults with intent to commit (Section 16-3-656) involving a minor;
(f) committing or attempting lewd act upon child under sixteen (Section 16-15-140);
(g) violations of Article 3, Chapter 15 of Title 16 involving a minor;
(h) kidnapping (Section 16-3-910) of a person under eighteen years of age except when the offense is committed by a parent;
(i) criminal solicitation of a minor if the purpose or intent of the solicitation or attempted solicitation was to:
( i) persuade, induce, entice, or coerce the person solicited to engage or participate in sexual activity as defined in Section 16-15-375(5);
(ii) perform a sexual activity in the presence of the person solicited (Section 16-15-342);
(2) ordered as a condition of sentencing to be included in the sex offender registry pursuant to Section 23-3-430(D) for an offense involving a minor.
(D) The offender shall remain under the system of active electronic monitoring for the duration of the time the offender is required to remain on the sex offender registry pursuant to the provisions of this article, unless the offender is committed to the custody of the State.
(E) The offender shall follow instructions provided by the Department of Probation, Parole and Pardon Services to maintain the electronic monitoring device in working order. Incidental damage or defacement of the electronic monitoring device must be reported to the Department of Probation, Parole and Pardon Services within two hours. An offender who fails to comply with the reporting requirement of this subsection is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years.
(F) The offender shall abide by any other conditions set forth by the Department of Probation, Parole and Pardon Services with regard to the electronic monitoring.
(G) The offender must be charged a fee in accordance with Section 24-21-85.
(H) A person who intentionally removes, tampers with, defaces, alters, damages, or destroys an electronic monitoring device is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years. This subsection does not apply to a person or agent authorized by the Department of Probation, Parole and Pardon Services to perform maintenance and repairs to the electronic monitoring devices."
Harboring or concealing a sex offender
SECTION 9. Article 7, Chapter 3, Title 23 of the 1976 Code is amended by adding:
"Section 23-3-550. A person who knowingly and wilfully protects, harbors, or conceals an offender who the person knows is not in compliance with the requirements of this article, is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years."
Disclosing location of sex offender
SECTION 10. Section 40-57-180(E) of the 1976 Code, as last amended by Act 218 of 2004, is further amended to read:
"(E) No cause of action may arise against an owner of real estate or licensed real estate agent of any party to a transaction for failure to disclose in a transaction:
(1) that the subject real estate is or was occupied by an individual who was infected with a virus or any other disease which has been determined by medical evidence as being highly unlikely to be transmitted through occupancy of a dwelling place either presently or previously occupied by the infected individual;
(2) that the death of an occupant of a property has occurred or the manner of the death;
(3) any off-site condition or hazard that does not directly impact the property being transferred; or
(4) any psychological impact that has no material impact on the physical condition of the property being transferred."
Savings clause
SECTION 11. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
Severability clause
SECTION 12. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
Time effective
SECTION 13. All SECTIONS of this act take effect on January 1, 2006, except the appropriately numbered new SECTION adding Section 23-3-540 goes into effect upon the Department of Probation, Parole and Pardon Services' receipt of the funds necessary to implement Section 23-3-540.
Ratified the 2nd day of June, 2005.
Approved the 7th day of June, 2005.
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