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TO AMEND SECTION 20-7-8515, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFIDENTIALITY, MAINTENANCE, AND INTERAGENCY SHARING OF JUVENILE RECORDS BY LAW ENFORCEMENT AGENCIES AND TO JUVENILE FINGERPRINT RECORDS, SO AS TO INCLUDE THE DEPARTMENT OF SOCIAL SERVICES AMONG THOSE AGENCIES WITH WHOM JUVENILE RECORDS MAY BE SHARED AND TO AUTHORIZE LAW ENFORCEMENT AGENCIES TO FINGERPRINT A CHILD FIFTEEN YEARS OF AGE OR OLDER LIVING IN A FAMILY CHILDCARE HOME TO DETERMINE THE CHILD'S CRIMINAL HISTORY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-7-8515(D), (J), (K) and (L) of the 1976 Code, as amended by Act 388 of 2000, are further amended to read:
"(D) Law enforcement information or records of children created pursuant to the provisions of this article may be shared among law enforcement agencies, solicitors' offices, the Attorney General, the department, the Department of Mental Health, the Department of Corrections, the Department of Social Services, and the Department of Probation, Parole and Pardon Services for criminal justice purposes without a court order.
(J) The fingerprint records of a child adjudicated delinquent for an offense that would carry a maximum term of imprisonment of five years or more if committed by an adult must be provided by the State Law Enforcement Division or the law enforcement agency who took the child into custody to:
(1) a law enforcement agency upon request by that agency for criminal justice purposes or to;
(2) assist the Missing Person Information Center in the location or identification of a missing or runaway child.
(K) The State Law Enforcement Division and all other law enforcement agencies have the authority to fingerprint a child fifteen years of age or older living in a family childcare home to determine the criminal history of the child. Criminal history information determined from the fingerprint review must be provided to the Department of Social Services, upon request, pursuant to Sections 20-7-2850 and 20-7-2860.
(L) The fingerprints and any record created by the South Carolina Law Enforcement Division as a result of the receipt of fingerprints of a child pursuant to this section must not be disclosed for any purpose not specifically authorized by law or court order.
(L)(M) Upon notification that a child has not been adjudicated delinquent for an offense that would carry a maximum term of imprisonment of five years or more if committed by an adult, the South Carolina Law Enforcement Division and the law enforcement agency who took the child into custody must destroy the fingerprints and all records created as a result of such information."
SECTION 2. This act takes effect upon approval by the Governor.
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