A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 23-3-535, RELATING TO LIMITATION ON PLACES OF RESIDENCE OF CERTAIN SEX OFFENDERS, EXCEPTIONS, VIOLATIONS, LOCAL GOVERNMENT ORDINANCES, AND SCHOOL DISTRICTS REQUIRED TO PROVIDE CERTAIN INFORMATION, SO AS TO REVISE THE DEFINITION OF THE TERM "CHILDREN'S RECREATIONAL FACILITY," TO PROVIDE ADDITIONAL OFFENSES THAT PRECLUDE SEX OFFENDERS FROM RESIDING NEAR SCHOOLS, DAYCARE CENTERS, OR RECREATIONAL FACILITIES, AND TO PROVIDE SLED MUST NOTIFY ALL REGISTERED SEX OFFENDERS OF THE PROVISIONS CONTAINED IN THIS ACT.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Section 23-3-535 (A) and (B) of the S.C. Code is amended to read:

 

    (A) As contained in this section:

       (1) "Children's recreational facility" means a facility, or community playground owned and operated by a city, county, or special purpose district, or any homeowner's association 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, or of any similar offense in any comparable court in the United States, a foreign country, or a federal court, 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) kidnapping a person under eighteen years of age; or

       (5) trafficking in persons of a person under eighteen years of age except when the court makes a finding on the record that the offense did not include a criminal sexual offense or an attempted criminal sexual offense.

 

SECTION 2.  No later than one year after the effective date of this act, SLED must notify all registered sex offenders in this State of the provisions contained in this act.

 

SECTION 3.  This act takes effect ninety days after approval by the Governor.

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