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H. 4281
STATUS INFORMATION
General Bill
Sponsors: Rep. Leach
Document Path: l:\council\bills\nbd\11910ac05.doc
Introduced in the House on June 2, 2005
Currently residing in the House Committee on Judiciary
Summary: Child Victims of Sexual Assault Act
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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6/2/2005 House Introduced and read first time HJ-142
6/2/2005 House Referred to Committee on Judiciary HJ-143
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO ENACT THE CHILD VICTIMS OF SEXUAL ASSAULT ACT SO AS TO AMEND SECTION 16-3-655, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL SEXUAL CONDUCT WITH A MINOR, BY REVISING THE PENALTIES AND PROVIDING THAT FOR A FIRST OFFENSE A PERSON MUST BE SENTENCED TO A MANDATORY TERM OF IMPRISONMENT FOR TWENTY-FIVE YEARS AND FOR A SECOND OR SUBSEQUENT OFFENSE FOR LIFE WITHOUT THE POSSIBILITY OF PAROLE AND TO PROVIDE THAT A PERSON CONVICTED OF SUCH AN OFFENSE IS A CHILD VICTIM SEX OFFENDER; TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO PUNISHMENT FOR MURDER AND, AMONG OTHER THINGS, AGGRAVATING CIRCUMSTANCES TO BE CONSIDERED IN DETERMINING THE PENALTY FOR MURDER, SO AS TO INCLUDE AS AN AGGRAVATING CIRCUMSTANCE THAT THE OFFENDER WAS A CHILD VICTIM SEX OFFENDER; TO ADD SECTION 23-3-485 SO AS TO PROVIDE THAT A PERSON IS GUILTY OF A MISDEMEANOR IF THE PERSON ALLOWS A SEX OFFENDER TO RESIDE WITH THE PERSON KNOWING THAT THE OFFENDER HAS FAILED TO REGISTER WITH THE SEX OFFENDER REGISTRY OR IF THE PERSON FAILS TO PROVIDE OR CONCEALS INFORMATION REQUESTED BY LAW ENFORCEMENT CONCERNING A SEX OFFENDER; AND TO ADD SECTION 24-21-95 SO AS TO PROVIDE THAT A CONDITION OF PROBATION, PAROLE, OR RELEASE OF ANY KIND OF A SEXUAL OFFENDER MUST INCLUDE ELECTRONIC MONITORING AND TO SPECIFY CERTAIN TRACKING AND REPORTING CAPABILITIES OF THE ELECTRONIC MONITORING SYSTEM.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "Child Victims of Sexual Assault Act".
SECTION 2. Section 16-3-655 of the 1976 Code, as amended by an Act of 2005 bearing Ratification Number 111, is further amended to read:
"Section 16-3-655. (A) A person is guilty of criminal sexual conduct in the first degree with a minor if:
(1) the actor engages in sexual battery with the victim who is:
(1) less than eleven years of age; or
(2) the actor engages in sexual battery with a victim who is less than sixteen years of age and the actor has previously been convicted of, pled guilty or nolo contendere to, or adjudicated delinquent for an offense listed in Section 23-3-430(C) or has been ordered to be included in the sex offender registry pursuant to Section 23-3-430(D).;
Upon conviction, the actor must be punished by imprisonment for not less than ten years nor more than thirty years, no part of which may be suspended or probation granted.
(B) A person is guilty of criminal sexual conduct in the second degree if the actor engages in sexual battery with a victim who is (3) fourteen years of age or less but who is at least eleven years of age.;
(C) A person is guilty of criminal sexual conduct in the second degree if the actor engages in sexual battery with a victim who is
(4) at least fourteen years of age but who is less than sixteen years of age and the actor is in a position of familial, custodial, or official authority to coerce the victim to submit or is older than the victim."
(B) A person who violates subsection (A) is guilty of a felony and upon conviction, except in cases in which the death penalty is imposed, must be imprisoned for:
(1) twenty-five years for a first offense;
(2) life without the possibility of parole if the person has one or more prior convictions for:
(a) criminal sexual conduct with a minor;
(b) a federal or out-of-state conviction for an offense that would be classified as criminal sexual conduct with a minor under this section; or
(c) any combination of the offenses listed in subitems (a) and (b).
(C)(1) For the purpose of determining a prior conviction under this section only, a prior conviction means the defendant has been convicted of a child victim sexual offense, on a separate occasion, prior to the present offense; however, in determining the number of offenses for the purpose of imposition of sentence, the court shall treat as one offense any number of offenses which have been committed at times so closely connected in point of time that they may be considered as one offense, notwithstanding under the law they constitute separate and distinct offenses.
(2) A conviction prior to July 1, 2006, for an offense that under this section would be a child victim sexual offense is considered a prior conviction pursuant to this section for sentencing for a second or subsequent offense.
(D) The sentencing provisions of this section are mandatory, and the court may not suspend any portion of the sentence. A person sentenced pursuant to this section is not eligible for early release or discharge in any form, whether by parole, work release, release to ameliorate prison overcrowding, or any other early release program and is not eligible for earned work credits, education credits, good conduct credits, or any similar program for early release.
(E) An individual sentenced pursuant to this section is deemed a child victim sex offender."
SECTION 3. Section 16-3-20(C)(a) of the 1976 Code, as last amended by Act 278 of 2002, is further amended by adding an appropriately numbered item at the end to read:
"( ) The offender is a child victim sex offender, as provided for in Section 17-25-710."
SECTION 4. Article 7, Chapter 3, Title 23 of the 1976 Code is amended by adding:
"Section 23-3-485. A person who permits a sex offender to reside with that person knowing that the sex offender has failed to comply with the registration requirements of this article or who, upon request, fails to provide information to or who conceals information from law enforcement regarding the whereabouts of, or other relevant information concerning, a sex offender is guilty of a misdemeanor and upon conviction must be imprisoned not more than one year."
SECTION 5. Chapter 21, Title 24 of the 1976 Code is amended by adding:
"Section 24-21-95. A sexual offender, as provided for in Section 23-3-430, who is placed on probation, parole, or release of any kind including, but not limited to, work release, must be placed on electronic monitoring for the period of time the offender is required to remain on the sex offender registry, as provided for in Article 7, Chapter 3, Title 23. The Department of Probation, Parole and Pardon Services shall use a system of active electronic monitoring that identifies the location of a monitored offender and that can produce upon request reports or records of the predator's presence near or within a crime scene or prohibited area or the predator's departure from specified geographic limitations."
SECTION 6. 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.
SECTION 7. 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 this act, 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.
SECTION 8. This act takes effect July 1, 2006.
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