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S. 871
STATUS INFORMATION
General Bill
Sponsors: Senators Knotts, Hawkins, Grooms, Alexander, Williams, Gregory, Short, Ritchie, Cleary, Cromer, Ford, Courson, Elliott, Moore, Thomas, Campsen, Verdin, Richardson, Leatherman, Setzler, Hutto, Hayes, McGill, Mescher, Bryant, O'Dell, McConnell, Leventis, Peeler, Martin, Land, Ryberg, Fair, Lourie, Scott and Sheheen
Document Path: l:\council\bills\ms\7524ahb05.doc
Companion/Similar bill(s): 4144
Introduced in the Senate on May 19, 2005
Currently residing in the Senate Committee on Judiciary
Summary: Sex offenses involving a minor
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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5/19/2005 Senate Introduced and read first time SJ-4
5/19/2005 Senate Referred to Committee on Judiciary SJ-4
6/7/2005 Senate Referred to Subcommittee: Hawkins (ch), Cromer, Sheheen,
Lourie
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-750 SO AS TO PROVIDE THAT A PERSON CURRENTLY INCARCERATED BY THE DEPARTMENT OF CORRECTIONS FOR CERTAIN SEX OFFENSES INVOLVING A MINOR WHO IS RELEASED ON PROBATION, PAROLE, OR COMMUNITY SUPERVISION OR A PERSON CURRENTLY ON PROBATION, PAROLE, OR COMMUNITY SUPERVISION FOR CERTAIN SEX OFFENSES INVOLVING A MINOR MUST BE MONITORED BY AN ACTIVE ELECTRONIC MONITORING DEVICE FOR THE DURATION OF THE TIME THE PERSON IS REQUIRED TO BE UNDER SUPERVISION AND TO PROVIDE THAT A PERSON WHO VIOLATES A TERM OF PROBATION, PAROLE, OR COMMUNITY SUPERVISION MUST BE REQUIRED BY THE COURT TO BE MONITORED BY AN ACTIVE ELECTRONIC MONITORING DEVICE FOR THE DURATION OF THE TIME THE PERSON REMAINS ON THE SEX OFFENDER REGISTRY IN ADDITION TO OTHER APPROPRIATE ACTION BY THE COURT; BY ADDING SECTION 16-15-450 SO AS TO ADD THAT A PERSON WHO VIOLATES A PROVISION RELATING TO CHILD EXPLOITATION ALSO MUST BE ORDERED BY THE COURT TO BE MONITORED WITH AN ACTIVE ELECTRONIC MONITORING DEVICE; BY ADDING SECTION 23-3-540 SO AS TO ESTABLISH THE OFFENSE OF ASSISTING OR HARBORING AN UNREGISTERED SEX OFFENDER AND TO PROVIDE A PENALTY; BY ADDING SECTION 24-21-435 SO AS TO DEFINE THE TERM "ACTIVE ELECTRONIC MONITORING DEVICE", TO ESTABLISH THE OFFENSE OF TAMPERING WITH AN ACTIVE ELECTRONIC MONITORING DEVICE OR AN APPROVED ELECTRONIC MONITORING DEVICE, AND TO PROVIDE A PENALTY; TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO PUNISHMENT FOR MURDER, SO AS TO ADD TO THE LIST OF AGGRAVATING CIRCUMSTANCES THAT THE MURDER WAS COMMITTED BY A PERSON DEEMED A SEXUALLY VIOLENT PREDATOR; TO AMEND SECTION 16-3-652, RELATING TO CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE, SO AS TO REVISE THE PENALTY FOR A PERSON CONVICTED OF CRIMINAL SEXUAL CONDUCT WITH A MINOR IN THE FIRST DEGREE AND TO REQUIRE THAT THE PERSON MUST BE ORDERED BY THE COURT TO BE MONITORED WITH AN ACTIVE ELECTRONIC MONITORING DEVICE UPON RELEASE FROM INCARCERATION FOR THE DURATION OF TIME THE PERSON IS REQUIRED TO REMAIN ON THE SEX OFFENDER REGISTRY; TO AMEND SECTION 16-3-653 RELATING TO CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE, SO AS TO PROVIDE A PENALTY FOR A PERSON CONVICTED OF CRIMINAL SEXUAL CONDUCT WITH A MINOR IN THE SECOND DEGREE AND TO REQUIRE THAT THE PERSON MUST BE ORDERED BY THE COURT TO BE MONITORED WITH AN ACTIVE ELECTRONIC MONITORING DEVICE UPON RELEASE FROM INCARCERATION FOR THE DURATION OF TIME THE PERSON IS REQUIRED TO REMAIN ON THE SEX OFFENDER REGISTRY; TO AMEND SECTION 16-3-656, RELATING TO ASSAULTS WITH INTENT TO COMMIT CRIMINAL SEXUAL CONDUCT, SO AS TO PROVIDE THAT A PERSON CONVICTED OF ASSAULT WITH INTENT TO COMMIT A CRIMINAL DOMESTIC VIOLENCE OFFENSE WHO IS REQUIRED TO REGISTER ON THE SEX OFFENDER REGISTRY AND THE VICTIM IS A MINOR, THE PERSON'S SENTENCE MUST INCLUDE THAT HE BE MONITORED WITH AN ACTIVE ELECTRONIC MONITORING DEVICE UPON RELEASE FROM INCARCERATION FOR THE DURATION OF TIME HE IS REQUIRED TO REMAIN ON THE SEX OFFENDER REGISTRY; TO AMEND SECTION 16-3-810, RELATING TO ENGAGING A CHILD FOR A SEXUAL PERFORMANCE, AND SECTION 16-3-820, RELATING TO PRODUCING, DIRECTING, OR PROMOTING A SEXUAL PERFORMANCE BY A CHILD, BOTH SO AS TO REQUIRE THAT IN ADDITION TO OTHER PENALTIES THE PERSON MUST BE ORDERED BY THE COURT TO BE MONITORED WITH AN ACTIVE ELECTRONIC MONITORING DEVICE UPON RELEASE FROM INCARCERATION FOR THE DURATION OF TIME THE PERSON IS REQUIRED TO REMAIN ON THE SEX OFFENDER REGISTRY; TO AMEND SECTION 16-3-910, RELATING TO KIDNAPPING, SO AS TO REQUIRE THAT IN ADDITION TO THE PENALTY PROVIDED THE PERSON CONVICTED OF KIDNAPPING, IF THE VICTIM IS UNDER THE AGE OF EIGHTEEN AND THE PERSON IS NOT A PARENT, MUST BE ORDERED BY THE COURT TO BE MONITORED WITH AN ACTIVE ELECTRONIC MONITORING DEVICE UPON RELEASE FROM INCARCERATION FOR THE DURATION OF TIME THE PERSON IS REQUIRED TO REMAIN ON THE SEX OFFENDER REGISTRY; TO AMEND SECTION 16-15-20, RELATING TO INCEST, SO AS TO REQUIRE THAT IN ADDITION TO THE PENALTY PROVIDED THE PERSON MUST BE ORDERED BY THE COURT TO BE MONITORED WITH AN ACTIVE ELECTRONIC MONITORING DEVICE UPON RELEASE FROM INCARCERATION FOR THE DURATION OF TIME THE PERSON IS REQUIRED TO REMAIN ON THE SEX OFFENDER REGISTRY; TO AMEND SECTION 16-15-140, RELATING TO COMMITTING OR ATTEMPTING TO COMMIT A LEWD ACT UPON A CHILD UNDER SIXTEEN, SO AS TO REQUIRE THAT IN ADDITION TO THE PENALTY PROVIDED THE PERSON MUST BE ORDERED BY THE COURT TO BE MONITORED WITH AN ACTIVE ELECTRONIC MONITORING DEVICE UPON RELEASE FROM INCARCERATION FOR THE DURATION OF TIME THE PERSON IS REQUIRED TO REMAIN ON THE SEX OFFENDER REGISTRY; TO AMEND SECTION 16-15-342, RELATING TO CRIMINAL SOLICITATION OF A MINOR, SO AS TO REQUIRE THAT IN ADDITION TO THE PENALTY PROVIDED THE PERSON MUST BE ORDERED BY THE COURT TO BE MONITORED WITH AN ACTIVE ELECTRONIC MONITORING DEVICE UPON RELEASE FROM INCARCERATION FOR THE DURATION OF TIME THE PERSON IS REQUIRED TO REMAIN ON THE SEX OFFENDER REGISTRY; TO AMEND SECTION 23-3-460, AS AMENDED, RELATING TO ANNUAL REGISTRATION FOR LIFE FOR PURPOSES OF THE SEX OFFENDER REGISTRY, SO AS TO PROVIDE FOR REGISTRATION EVERY SIX MONTHS RATHER THAN ANNUALLY; AND TO AMEND SECTION 23-3-530, RELATING TO THE PROTOCOL MANUAL DEVELOPED BY THE STATE LAW ENFORCEMENT DIVISION FOR THE SEX OFFENDER REGISTRY, SO AS TO PROVIDE CERTAIN NONEXCLUSIVE REQUIREMENTS THAT MUST BE INCLUDED IN THE PROTOCOL MANUAL.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "Sex Offender Accountability and Protection of Minors Act of 2005".
SECTION 2. Article 7, Chapter 3, Title 16 of the 1976 Code is amended by adding:
"Section 16-3-750. (A) Notwithstanding another provision of law, a person incarcerated or on probation, parole, or community supervision on or after the effective date of this section, upon release on probation, parole, or community supervision must be monitored with an active electronic monitoring device as defined in Section 24-21-435(A) for the duration of the period of supervision, if he:
(1) was serving a sentence pursuant to a conviction of a sex offense involving a minor pursuant to the provisions of Section 16-3-655, 16-3-810, 16-3-820, 16-3-656, 16-3-910, 16-15-20, 16-15-140, or 16-15-342; and
(2) is required to be registered on the sex offender registry pursuant to the provisions of Article 7, Chapter 3, Title 23.
(B) Notwithstanding another provision of law and in addition to other terms, conditions, or penalties imposed by the court, a person who violates a term of probation, parole, or community supervision on or after the effective date of this section, must be ordered by the court to be monitored with an active electronic monitoring device as defined in Section 24-21-435(A) for the duration of the period of time the person is required to remain on the sex offender registry pursuant to the provisions of Article 7, Chapter 3, Title 23, if he:
(1) was released on probation, parole, or community supervision pursuant to a conviction of a sex offense involving a minor pursuant to the provisions of Section 16-3-655, 16-3-810, 16-3-820, 16-3-656, 16-3-910, 16-15-20, 16-15-140, or 16-15-342; and
(2) is required to be registered on the sex offender registry pursuant to the provisions of Article 7, Chapter 3, Title 23."
SECTION 3. Article 3, Chapter 15, Title 16 of the 1976 Code is amended by adding:
"Section 16-15-450. Notwithstanding another provision of law, a person convicted of a violation of this article involving a minor, in addition to the penalties otherwise provided, must be ordered by the court to be monitored with an active electronic monitoring device as defined in Section 24-21-435(A) for the duration of the time the person is required to remain on the sex offender registry pursuant to the provisions of Article 7, Chapter 3, Title 23, except when the person is incarcerated by the Department of Corrections."
SECTION 4. Article 7, Chapter 3, Title 23 of the 1976 Code is amended by adding:
"Section 23-3-540. (A) A person who has reason to believe that a person required to register pursuant to the provisions of this article is not complying or has not complied with the requirements of this article, with the intent to assist the person required to register in eluding a law enforcement agency, is guilty of the offense of assisting or harboring an unregistered sex offender, if he:
(1) withholds information from, or does not notify, the law enforcement agency of the noncompliance of the provisions of this article by the person required to register and, if known, the location of this person;
(2) harbors, attempts to harbor, or assists another person in harboring or attempting to harbor the person required to register;
(3) conceals, attempts to conceal, or assists another in concealing or attempting to conceal the person required to register; or
(4) provides information known to be false to a law enforcement agency regarding the person required to register.
(B) A person who violates the provisions of subsection (A) is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years."
SECTION 5. Article 5, Chapter 21, Title 24 of the 1976 Code is amended by adding:
"Section 24-21-435. (A) As used in this section, 'active electronic monitoring device' means a mechanism utilized by the Department of Probation, Parole and Pardon Services in conjunction with a system that actively monitors and identifies the offender's location and timely reports or records the offender's presence near or within a crime scene or in a prohibited area or the offender's departure from specified geographic limitations and may include, but is not limited to, a global positioning system satellite surveillance method.
(B) A person who intentionally alters, tampers with, damages, or destroys an active electronic monitoring device as defined in subsection (A) or an approved electronic monitoring device as defined in Section 24-13-1520(3) is guilty of the felony offense of tampering with an active electronic monitoring device or an approved electronic monitoring device and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years.
(C) The provisions of subsection (B) do not apply to the owner of the devices provided in subsection (B) or to an agent of the owner performing maintenance and repairs to these devices."
SECTION 6. Section 16-3-20(C)(a) of the 1976 Code, as last amended by Act 224 of 2002, is further amended by adding an appropriately numbered item to read:
"( ) The murder was committed by a person deemed a sexually violent predator pursuant to the provisions of Chapter 48, Title 44 or a person deemed a sexually violent predator who is released pursuant to Section 44-48-120."
SECTION 7. Section 16-3-652 of the 1976 Code is amended to read:
"Section 16-3-652. (1)(A) A person is guilty of criminal sexual conduct in the first degree if the actor engages in sexual battery with the victim and if any one or more of the following circumstances are proven, the:
(a)(1) The actor uses aggravated force to accomplish sexual battery.;
(b)(2) The victim submits to sexual battery by the actor under circumstances where the victim is also the victim of forcible confinement, kidnapping, robbery, extortion, burglary, housebreaking, or any other another similar offense or act.; or
(c)(3) The actor causes the victim, without the victim's consent, to become mentally incapacitated or physically helpless by administering, distributing, dispensing, delivering, or causing to be administered, distributed, dispensed, or delivered a controlled substance, a controlled substance analogue, or any an intoxicating substance.
(2)(B) Criminal sexual conduct in the first degree is a felony punishable by imprisonment for not more than thirty years, according to in the discretion of the court, except as provided in subsections (C) and (D).
(C) A person convicted of a violation of Section 16-3-655(1) is guilty of a felony and, upon conviction, must be imprisoned for a mandatory minimum of twenty-five years, no part of which may be suspended or probation granted, or must be imprisoned for life. For purposes of this subsection, life means until death.
(D) A person sentenced to a mandatory minimum of twenty-five years pursuant to the provisions of subsection (C) also must be ordered by the court to be monitored with an active electronic monitoring device as defined in Section 24-21-435(A) upon release from incarceration for the duration of time the person is required to remain on the sex offender registry pursuant to the provisions of Article 7, Chapter 3, Title 23."
SECTION 8. Section 16-3-653 of the 1976 Code is amended to read:
"Section 16-3-653. (1)(A) A person is guilty of criminal sexual conduct in the second degree if the actor uses aggravated coercion to accomplish sexual battery.
(2)(B) Criminal sexual conduct in the second degree is a felony punishable by imprisonment for not more than twenty years according to in the discretion of the court, except as provided in subsections (C) and (D).
(C) A person convicted of a violation of Section 16-3-655(2) and (3) is guilty of a felony and, upon conviction, must be imprisoned for not more than twenty years.
(D) A person sentenced pursuant to the provisions of subsection (C) who is required to register pursuant to the provisions of Article 7, Chapter 3, Title 23 also must be ordered by the court to be monitored with an active electronic monitoring device as defined in Section 24-21-435(A) upon release from incarceration for the duration of time the person is required to remain on the sex offender registry."
SECTION 9. Section 16-3-656 of the 1976 Code is amended to read:
"Section 16-3-656. Assault with intent to commit criminal sexual conduct described in the above sections shall be is punishable as if the criminal sexual conduct was committed, and if the person is required to register pursuant to Article 7, Chapter 3, Title 23 and the victim is a minor, the person's sentence must include that he be monitored with an active electronic monitoring device as defined in Section 24-21-435(A) upon release from incarceration for the duration of time the person is required to remain on the sex offender registry."
SECTION 10. Section 16-3-810 of the 1976 Code is amended to read:
"Section 16-3-810. (a)(A) It is unlawful for any a person to employ, authorize, or induce a child younger than eighteen years of age to engage in a sexual performance. It is unlawful for a parent or legal guardian or custodian of a child younger than eighteen years of age to consent to the participation by the child in a sexual performance.
(b)(B) Any A person violating who violates the provisions of subsection (a) of this section (A) is guilty of criminal sexual conduct of in the second degree and, upon conviction, shall must be punished as provided in Section 16-3-653.
(C) In addition to the penalties provided in Section 16-3-653, a person convicted of a violation of this section who is required to register pursuant to the provisions of Article 7, Chapter 3, Title 23 also must be ordered by the court to be monitored with an active electronic monitoring device as defined in Section 24-21-435(A) upon release from incarceration for the duration of time the person is required to remain on the sex offender registry."
SECTION 11. Section 16-3-820 of the 1976 Code is amended to read:
"Section 16-3-820. (a)(A) It is unlawful for any a person to produce, direct, or promote a performance that includes sexual conduct by a child younger than eighteen years of age.
(b)(B) Any A person violating who violates the provisions of subsection (a) of this section (A) is guilty of criminal sexual conduct of in the third degree and, upon conviction, shall must be punished as provided in Section 16-3-654.
(C) In addition to the penalties provided in Section 16-3-654, a person convicted of a violation of this section who is required to register pursuant to the provisions of Article 7, Chapter 3, Title 23 also must be ordered by the court to be monitored with an active electronic monitoring device as defined in Section 24-21-435(A) upon release from incarceration for the duration of time the person is required to remain on the sex offender registry."
SECTION 12. Section 16-3-910 of the 1976 Code is amended to read:
"Section 16-3-910. (A) Whoever shall A person who unlawfully seize, confine, inveigle, decoy, kidnap, abduct or carry seizes, confines, inveigles, decoys, kidnaps, abducts, or carries away any other another person by any means whatsoever without authority of law, except when a minor is seized or taken by his parent, is guilty of a felony and, upon conviction, must be imprisoned for a period not to exceed not more than thirty years unless sentenced for murder as provided in Section 16-3-20.
(B) In addition to the penalty provided in subsection (A), a person convicted of a violation of this section who is required to register pursuant to the provisions of Section 23-3-430 (C) (16) also must be ordered by the court to be monitored with an active electronic monitoring device as defined in Section 24-21-435(A) upon release from incarceration for the duration of time the person is required to remain on the sex offender registry."
SECTION 13. Section 16-15-20 of the 1976 Code is amended to read:
"Section 16-15-20. (A) Any persons It is unlawful for a person who shall to have carnal intercourse with each other another person within the following degrees of relationship, to wit a:
(1) A man with his mother, grandmother, daughter, granddaughter, stepmother, sister, grandfather's wife, son's wife, grandson's wife, wife's mother, wife's grandmother, wife's daughter, wife's granddaughter, brother's daughter, sister's daughter, father's sister or mother's sister; or
(2) A woman with her father, grandfather, son, grandson, stepfather, brother, grandmother's husband, daughter's husband, granddaughter's husband, husband's father, husband's grandfather, husband's son, husband's grandson, brother's son, sister's son, father's brother or mother's brother;.
(B) Shall be A person who violates the provisions of subsection (A) is guilty of incest and shall must be punished by a fine of fined not less than five hundred dollars or imprisonment imprisoned not less than one year in the Penitentiary, or both such fine and imprisonment.
(C) In addition to the penalty provided in subsection (B), a person convicted of a violation of this section who is required to register pursuant to the provisions of Article 7, Chapter 3, Title 23 also must be ordered by the court to be monitored with an active electronic monitoring device as defined in Section 24-21-435(A) upon release from incarceration for the duration of time the person is required to remain on the sex offender registry."
SECTION 14. Section 16-15-140 of the 1976 Code is amended to read:
"Section 16-15-140. (A) It is unlawful for a person over the age of fourteen years to wilfully and lewdly commit or attempt a lewd or lascivious act upon or with the body, or its parts, of a child under the age of sixteen years, with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of the person or of the child.
(B) A person violating the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than fifteen years, or both.
(C) In addition to the penalty provided in subsection (B), a person convicted of a violation of this section who is required to register pursuant to the provisions of Article 7, Chapter 3, Title 23 also must be ordered by the court to be monitored with an active electronic monitoring device as defined in Section 24-21-435(A) upon release from incarceration for the duration of time the person is required to remain on the sex offender registry."
SECTION 15. Section 16-15-342 of the 1976 Code, as added by Act 208 of 2004, is amended by adding an appropriately lettered subsection to read:
"( ) In addition to the penalty provided in subsection (E), a person convicted of a violation of this section who is required to register pursuant to the provisions of Section 23-3-430 (C)(20) also must be ordered by the court to be monitored with an active electronic monitoring device as defined in Section 24-21-435(A) upon release from incarceration for the duration of time the person is required to remain on the sex offender registry."
SECTION 16. 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) Any A person required to register under pursuant to this article shall be is required to register annually for life in person each year during the month of his birthday and again during the sixth month following his birth month. For purposes of this article, 'annually' means each year within thirty days after the anniversary date of the offender's last registration. The offender person required to register shall register and must reregister 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 and verification shall will be held in abeyance until his release.
(B) If any a person required to register under pursuant to 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.
(C) If any a person required to register under pursuant to 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.
(D) Any A person required to register under pursuant to this article and who is employed by, enrolled at, or carries on a vocation at an institution of higher education must provide written notice within ten days of each change in enrollment, employment, or vocation status at an institution of higher education in this State. For purposes of this section: subsection, '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 a 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 a public or private educational institution, including any a secondary school, trade, professional institution, or institution of higher education.
(E) If any a person required to register under pursuant to 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.
(F) Any A person required to register under pursuant to 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 at the time of moving to South Carolina must register within ten days of establishing residence in this State.
(G) 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 pursuant to this article to SLED within five business days.
(H) 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."
SECTION 17. 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 offender registry. The protocol manual must include, but is not limited to, the following:
(1) procedures for the verification of addresses by the sheriff's department in the county where the person required to register pursuant to this article resides; and
(2) specific requirements for registration and reregistration including, but not limited to, the following:
(a) name, social security number, age, race, sex, date of birth, height, weight, hair and eye color, address of permanent residence, address of current temporary residence, within the state or out of state, including rural route address and post office box, which may not be provided instead of a physical residential address, date and place of employment, vehicle make, model, color, and license tag number, fingerprints, and photograph;
(b) the name, address, and county of each institution of higher learning, including the specific campus location, if the person is enrolled, employed, or carries on a vocation there;
(c) the vehicle identification number, license tag number, registration number, and a description including the color scheme if the person who is required to register pursuant to this article lives in a motor vehicle, trailer, mobile home, or manufactured home; and
(d) the hull identification number, the manufacturer's serial number, the name of the vessel, live-aboard vessel, or houseboat, the registration number, and a description of the color scheme if the person who is required to register pursuant to this article lives in a vessel, live-aboard vessel, or houseboat."
SECTION 18. 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 19. 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 20. This act takes effect upon approval by the Governor.
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