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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-3-560 SO AS TO PROHIBIT A REGISTERED SEX OFFENDER FROM LIVING WITHIN A ONE-MILE RADIUS OF A SCHOOL AND TO PROVIDE A PENALTY.
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 23-3-560. (A) A person required to register pursuant to the provisions of this article is prohibited from living within a one-mile radius of the grounds of a public or private elementary, middle, or secondary school; a public playground or park; a public vocational or trade school or technical education center; or a public or private college or university.
(B) A person who violates the provisions of this section:
(1) for a first offense, is guilty of a misdemeanor and, upon conviction, must be imprisoned for a mandatory minimum of ninety days, no part of which may be suspended nor probation granted;
(2) for a second offense, is guilty of a misdemeanor and, upon conviction, must be imprisoned for a mandatory minimum of one year, no part of which may be suspended nor probation granted; and
(3) for a third or subsequent offense, is guilty of a felony and must be imprisoned for a mandatory five years, three of which may not be suspended nor probation granted."
SECTION 2. This act takes effect upon approval by the Governor and persons required to register pursuant to the provisions of Article 7, Chapter 3, Title 23, have one year from the effective date of this act to comply with its provisions.
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