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COMMITTEE REPORT
May 7, 2008
H. 3094
Introduced by Reps. Brady, Haskins, Cotty, Mahaffey, Funderburk, Viers, Erickson, Hutson, Clemmons, Mulvaney, Harvin and Bedingfield
S. Printed 5/7/08--S. [SEC 5/8/08 3:56 PM]
Read the first time March 13, 2008.
To whom was referred a Bill (H. 3094) 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, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ 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) 'School' does not include a home school or an institution of higher education.
(4) '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 any of the following offenses to reside within one thousand feet of a school, daycare center, children's recreational facility, park, or public playground:
(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.
(C) This section does not apply to a sex offender who:
(1) 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) resided within one thousand feet of a school, daycare center, children's recreational facility, park, or public playground on property the sex offender owned before the sex offender was charged with any of the offenses enumerated in subsection (B);
(3) 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;
(4) resides in a jail, prison, detention facility, or holding facility, including a mental health facility, having physical custody of the sex offender; or
(5) resides for no more than one year in a homeless shelter or residential treatment facility operated by a 501(c)(3) non-profit organization and the shelter or facility was established prior to the effective date of this act.
(D) If upon registration of a sex offender, or at any other time, a local law enforcement agency determines that a sex offender is in violation of this section, the local law enforcement agency must, within thirty days, notify the sex offender of the violation, provide the sex offender with a list of areas in which the sex offender is not permitted to reside, and notify the sex offender that the sex offender has thirty days to vacate the residence. If the sex offender fails to vacate the residence within thirty days, the sex offender must be punished as follows:
(1) for a first offense, the sex offender is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than thirty days, or fined not more than five hundred dollars, or both;
(2) for a second offense, the sex offender 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 a third or subsequent offense, the sex offender 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.
(E) A local government may not enact an ordinance that contains penalties that exceed or are less lenient than the penalties contained in this section.
(F)(1) At the beginning of each school year, each school district must provide:
(a) the names and addresses 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
(b) the hyperlink to the sex offender registry website on the school district's website for the purpose of gathering this information.
(2) Local law enforcement agencies must check the school districts' websites to determine if each school district has complied with this subsection. If a hyperlink does not appear on a school district website, the local law enforcement agency must contact the school district to confirm that the school district has provided the parents or guardians with the names and addresses of every sex offender who resides within one thousand feet of a school bus stop within the school district. If the local law enforcement agency determines that this information has not been provided, the local law enforcement agency must inform the school district that it is in violation of this subsection. If the school district does not comply within thirty days after notice of its violation, the school district is subject to equitable injunctive relief and, if the plaintiff prevails, the district shall pay the plaintiff's attorney's fees and costs."
SECTION 2. 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 every 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.
SECTION 3. 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. /
Renumber sections to conform.
Amend title to conform.
Majority favorable. Minority unfavorable.
JOHN D. HAWKINS C. BRADLEY HUTTO
For Majority. For Minority.
EXPLANATION OF IMPACT:
Judicial Department
The department indicates this bill will have a minimal impact on the General Fund of the State, which can be absorbed by the agency at the current level of funding. Should the additional caseload for the General Sessions Court increase significantly, the Judicial Department may have to request additional judges and staff to elevate the backlog of cases.
Department of Corrections
The department indicates this bill will have a minimal impact on the General Fund of the State, which can be absorbed by the agency at the current level of funding. Although the number of prison admissions which may result from this new offense is not readily determinable, it is not expected to be significant.
Department of Education (SDE)
SDE estimates this bill will have no fiscal impact for that agency. However, there could be an impact on local school districts if they fail to add a sex offender link on their respective websites.
Other Agencies
The Department of Social Services, Department of Disabilities and Special Needs, the State Law Enforcement Division, School for the Deaf and Blind and Wil Lou Gray Opportunity School each indicate this bill would have little or no impact on expenditures which can be absorbed within existing resources.
LOCAL GOVERNMENT IMPACT:
The FIST network of local governments was surveyed to determine the fiscal impact of this bill. Two counties indicated minimal impact with one estimating $5,000 - $10,000 annually. Two municipalities responded with no impact.
Approved By:
Harry Bell
Office of State Budget
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.
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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