Senate Amendment 2
S 996 - Session 125 (2023-2024)
AI Child Abuse

Senator Goldfinch proposes the following amendment (SR-996.JG0007S):

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

SECTION X. Section 23-3-462(A) of the S.C. Code is amended to read:

 (A) After successful completion of the requirements of this section, an offender may apply to the South Carolina Law Enforcement Division for the termination of the requirements of registration pursuant to this article. If it is determined that the offender has met the requirements of this section, SLED shall remove the offender's name and identifying information from the sex offender registry and shall notify the offender within one hundred twenty days that the offender has been relieved of the registration requirements of this article.
  (1) An offender may file a request for termination of the requirement of registration with SLED, in a form and process established by the agency:
   (a) after fifteen years of having been registered for at least fifteen years or after fifteen years from the date of discharge from incarceration without supervision, or the termination of active supervision of probation, parole, or any other active alternative to incarceration if the offender was required to register based on an adjudication of delinquency or the offender was required to register asis a Tier I offender;
   (b) after twenty-five years of having been registered for at least twenty-five yearsor after twenty-five years from the date of discharge from incarceration without supervision, or the termination of active supervision of probation, parole, or any other active alternative to incarceration, if the offender was convicted as an adult, and was required to register asis a Tier II offender;
   (c) an a Tier I or Tier II offender who was required to register as an offender because of a conviction in another state or because of a federal conviction may apply to be removed from the requirements of the registry if he is eligible to be removed under the laws of the jurisdiction where the conviction occurred.
  (2) An offender who was convicted as an adult, and who is required to register as a Tier III offender may not file a request for termination of registration with SLED nor shall any such request be granted pursuant to this subsection.
  (3) The requesting offender must have successfully completed all sex offender treatment programs that have been required.
  (4) The requesting offender must not have been convicted of failure to register within the previous ten years.
  (5) The offender must not have been convicted of any additional sexual offense or violent sexual offense after being placed on the registry.
  (6) A filing fee, as set by SLED but not to exceed two hundred fifty dollars, shall be paid to file the request for termination of registration requirements. The initial application may be filed with SLED and the administrative review may begin one hundred twenty days prior to the date specified in subsection (A)(1); however, any removal may not occur prior to the date specified.