Current Status Bill Number:View additional legislative information at the LPITS web site.3430 Ratification Number:517 Act Number:466 Introducing Body:House Subject:Relating to the confidentiality of juvenile records
(A466, R517, H3430)
AN ACT TO AMEND SECTION 20-7-780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFIDENTIALITY OF JUVENILE RECORDS AND TO THE NONDISCLOSURE OF IDENTIFIABLE INFORMATION PERTAINING TO JUVENILES SO AS TO PERMIT THE DEPARTMENT OF YOUTH SERVICES TO PHOTOGRAPH JUVENILES IN ADDITION TO ITS AUTHORITY TO FINGERPRINT JUVENILES, TO ALLOW THE DEPARTMENT TO FURNISH THESE PHOTOGRAPHS AND FINGERPRINTS TO LAW ENFORCEMENT AGENCIES AND THE MISSING PERSONS INFORMATION CENTER FOR CERTAIN PURPOSES, AND TO DELETE OUTDATED REFERENCES TO THE DEPARTMENT OF JUVENILE PLACEMENT AND AFTERCARE.
Be it enacted by the General Assembly of the State of South Carolina:
Court to make and keep records
SECTION 1. Section 20-7-780 of the 1976 Code is amended to read:
"Section 20-7-780. The court shall make and keep records of all cases brought before it and shall devise and cause to be printed forms for social and legal records and other papers as may be required. The official juvenile records of the courts and the Department of Youth Services are open to inspection only by consent of the judge to persons having a legitimate interest but must always be available to the legal counsel of the juvenile. All information obtained and social records prepared in the discharge of official duty by an employee of the court or Department of Youth Services must be confidential and must not be disclosed directly or indirectly to anyone, other than the judge or others entitled under this chapter to receive this information unless otherwise ordered by the judge. Provided, that these records must be open to inspection without the consent of the judge where the records are necessary to defend against an action initiated by a juvenile. The name, identity, or picture of any child under the jurisdiction of the court, pursuant to this chapter, must not be made public by any newspaper, radio, or television station except as authorized by order of the court nor shall the fingerprints of any child be taken without any order from the judge; provided, that the Department of Youth Services may fingerprint and photograph a juvenile upon his commitment to a juvenile correctional institution; provided, further, these fingerprints and photographs shall remain confidential information and must not be transmitted to files of the State Law Enforcement Division or the Federal Bureau of Investigation or provided to any other agency or person, except for law enforcement agencies for the purpose of aiding them in apprehending an escapee from the Department of Youth Services and to the Missing Persons Information Center for the purpose of aiding it in locating a missing or runaway child."
Time effective
SECTION 2. This act shall take effect upon approval by the Governor.