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Indicates Matter Stricken
Indicates New Matter
AMENDED
March 11, 2008
H. 3094
Introduced by Reps. Brady, Haskins, Cotty, Mahaffey, Funderburk, Viers, Erickson, Hutson, Clemmons, Mulvaney, Harvin and Bedingfield
S. Printed 3/11/08--H.
Read the first time January 9, 2007.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-3-535 SO AS TO LIMIT THE LOCATIONS IN WHICH A SEX OFFENDER MAY RESIDE AND TO PROVIDE A PENALTY FOR A PERSON WHO VIOLATES THIS PROVISION.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 7, Chapter 3, Title 23 of the 1976 Code is amended by adding:
"Section 23-3-535. (A) As contained in this section:
(1) 'children's recreational facility' means a facility owned and operated by a city, county, or special purpose district used for the purpose of recreational activity for children under the age of eighteen;
(2) 'daycare center' means an arrangement where, at any one time, there are three or more preschool-age-children, or nine or more school-age-children receiving child care;
(3) 'immediate family member' means a child or sibling who is eighteen years of age or older or a parent, grandparent, legal guardian, or spouse of the offender;
(4) 'school' does not include a home school or an institution of higher education; and
(5) 'within one thousand feet' means a measurement made in a straight line, without regard to intervening structures or objects, from the nearest portion of the property on which the sex offender resides to the nearest property line of the premises of a school, daycare center, children's recreational facility, park, or public playground, whichever is closer.
(B) It is unlawful for a sex offender who has been convicted of:
(1) criminal sexual conduct with a minor, first degree;
(2) criminal sexual conduct with a minor, second degree;
(3) assault with intent to commit criminal sexual conduct with a minor;
(4) committing or attempting a lewd act upon a child under sixteen; or
(5) kidnapping a person under eighteen years of age to reside within one thousand feet of a school, daycare center, children's recreational facility, park, or public playground. If a person is in violation of this section, a local law enforcement officer must notify the person of his violation and the person must be given thirty days to vacate his residence.
(C) If the person in violation of this section fails to vacate his residence within that time period, the person must be punished as follows:
(1) For the first offense, a person who violates this provision is guilty of a misdemeanor and, upon conviction, must be imprisoned not more thirty days, or fined not more than five hundred dollars, or both.
(2) For the second offense, a person who violates this provision is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than three years, or fined not more than one thousand dollars, or both.
(3) For the third or subsequent offense, a person who violates this provision is guilty of a felony and, upon conviction, must be imprisoned for not more than five years, or fined not more than five thousand dollars, or both.
(D) A local government may not enact an ordinance that contains penalties that exceed or are less lenient than the penalties contained in this section.
(E) At the beginning of each school year, a school district must provide:
(1) the name and address of every sex offender who resides within one thousand feet of a school bus stop within the school district to the parents or guardians of a student who boards or disembarks a school bus at a stop covered by this subsection; or (2) the hyperlink to the sex offender registry website on the district's website for the purpose of gathering this information. Local law enforcement must check the school districts' websites to determine if the district has complied with this subsection.
If the hyperlink does not appear on the website, local law enforcement must then contact the district to determine that the district has provided the names and addresses of sex offenders living within one thousand feet of school bus stops to the students' parents or guardians. If it is determined that this information has not been provided, local law enforcement must inform the school district that it is in violation of this subsection. If the district does not comply within thirty days after notice of its violation, the district is subject to equitable injunctive relief and, if the plaintiff prevails, the district shall pay the plaintiff's attorney's fees and costs.
(F) Upon registration of the sex offender, if the local law enforcement agency determines that the sex offender is in violation of this section, the local law enforcement agency must inform the sex offender of his violation within thirty days and must provide the sex offender with a list of areas in which he is permitted to reside.
SECTION 2. This act takes effect upon approval by the Governor and ninety days after the state law enforcement division has certified that sex offender mapping software has been implemented. However, this act does not apply to a person:
(1) who resided within one thousand feet of a school, daycare center, children's recreational facility, park, or public playground before the effective date of this act;
(2) who resided within one thousand feet of a school, daycare center, children's recreational facility, park, or public playground on property he owned before he was charged with any of the offenses enumerated in Section 23-3-535(b); or
(3) who resides within one thousand feet of a school, daycare center, children's recreational facility, park, or public playground as a result of the establishment of a new school, daycare center, children's recreational facility, park, or public playground.
SECTION 3. If any section, subsection, item, subitem, 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 ever section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
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