South Carolina General Assembly
116th Session, 2005-2006

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H. 4342

STATUS INFORMATION

General Bill
Sponsors: Reps. Davenport, Brady, Littlejohn, Altman, Mahaffey, Toole and Clark
Document Path: l:\council\bills\bbm\9024cm06.doc

Introduced in the House on January 10, 2006
Currently residing in the House Committee on Judiciary

Summary: Sex offender registry

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   12/7/2005  House   Prefiled
   12/7/2005  House   Referred to Committee on Judiciary
   1/10/2006  House   Introduced and read first time HJ-38
   1/10/2006  House   Referred to Committee on Judiciary HJ-38

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/7/2005

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 23-3-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONVICTIONS THAT RENDER A PERSON AS A SEX OFFENDER, SO AS TO PROVIDE THAT A PERSON CONVICTED OF A CRIME IN WHICH HE USED A CONTROLLED SUBSTANCE ON THE CRIME VICTIM DURING THE COMMISSION OF THE CRIME MUST REGISTER AS A SEX OFFENDER; AND TO AMEND SECTION 23-3-470, AS AMENDED, RELATING TO PENALTIES ASSOCIATED WITH FAILING TO REGISTER AS A SEX OFFENDER, SO AS TO REVISE THE PENALTY FOR FIRST AND SECOND OFFENSE FAILURE TO REGISTER AS A SEX OFFENDER.

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

SECTION    1.    Section 23-3-430(C) of the 1976 Code, as last amended by Act 141 of 2005, is further amended to read:

"(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; or

(22)    a sex offense in which the perpetrator used a controlled substance on the victim during the commission of the crime."

SECTION    2.    Section 23-3-470(B) of the 1976 Code, as last amended by Act 141 of 2005, is further amended to read:

"(B)(1)    A person convicted for a first or second offense is guilty of a misdemeanor felony and must be imprisoned for a mandatory period of ninety days one year, no part of which shall may 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 second or subsequent offense is guilty of a felony and must be imprisoned for a mandatory period of five years, three years of which shall must not be suspended nor probation granted."

SECTION    3.    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    4.    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    5.    This act takes effect upon approval by the Governor.

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