Printed Page 2650, Apr. 26
| Printed Page 2670, Apr. 26
|
Printed Page 2650, Apr. 26
| Printed Page 2670, Apr. 26
| Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 23-3-465. (A) The posting requirement contained in Sections 23-3-440 and 23-3-460 lasts for three years from the date an offender's name is placed on the registry.
(B) A sheriff's failure to post an offender's name and other identifying information pursuant to Section 23-3-440 or Section 23-3-460 shall not result in civil liability of the sheriff or the sheriff's department for the omission of this responsibility."
SECTION 2. Section 23-3-400 of the 1976 Code, as added by Section 112, Act 497 of 1994, is amended to read:
"Section 23-3-400. The intent of this article is to promote the state's fundamental right to provide for public health, welfare, and safety of its citizens. Notwithstanding this legitimate state purpose, these provisions are not intended to violate the guaranteed constitutional rights of those who have violated our nation's laws.
The sex offender registry will provide law enforcement with the tools needed
in investigating criminal offenses and provide public notification when a sex
offender is residing or intends to reside in a community. Statistics show
that sex offenders often pose a high risk of re-offending. Additionally, law
enforcement's efforts to protect communities, conduct investigations, and
apprehend offenders who commit sex offenses, are impaired by the lack of
information about these convicted offenders who live within the law enforcement
agency's jurisdiction."
"Section 23-3-420. The State Law Enforcement Division shall promulgate regulations prescribing:
(1) procedures for accepting and disseminating information maintained;
(2) the confidentiality of the data and information maintained in the registry;
(3) the proper disposition of all obsolete data;
(4)(3) forms necessary for the efficient and proper operation of the registry."
SECTION 4. Section 23-3-430 of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:
"Section 23-3-430. (A) Any A person, regardless of age, residing in the State of South Carolina who has been convicted in this State, or who has been convicted in any a comparable court in the United States, or who has been convicted in the United States federal courts, of the offenses described below or of similar offenses in other jurisdictions shall be is required to register pursuant to the provisions of this article. For purposes of this article, a person convicted of any of these offenses shall must be referred to as an offender.:
(1) criminal sexual conduct in the first degree (Section 16-3-652);
(2) criminal sexual conduct in the second degree (Section 16-3-653). If evidence is presented at the criminal proceeding and the court makes a specific finding on the record that the conviction obtained for this offense resulted from consensual sexual conduct where the victim was younger than the actor, as contained in Section 16-3-655(3), the convicted person is not an offender and is not required to register pursuant to the provisions of this article;
(3) criminal sexual conduct in the third degree (Section 16-3-654);
(4) criminal sexual conduct with minors (Section 16-3-655);
(5) engaging a child for sexual performance (Section 16-3-810);
(6) producing, directing or promoting sexual performance by a child (Section 16-3-820);
(7) criminal sexual conduct: assaults with intent to commit (Section 16-3-656);
(8) kidnapping (Section 16-3-910);
(9) incest (Section 16-15-20);
(10) buggery (Section 16-15-120);
(11) indecent exposure (Section 16-15-130)
(12) committing or attempting lewd act upon child under fourteen
(Section 16-15-140);
(14)(13) conspiracy to kidnap (Section 16-3-920);
(15)(14) violations of Article 3, Chapter 15 of Title 16 involving a minor which violations are felonies.
(B) A person, regardless of age, residing in the State of South Carolina who has been convicted in this State, or who has been convicted in a comparable court in the United States, or who has been convicted in the United States federal courts of indecent exposure pursuant to Section 16-15-130 or of a similar offense in other jurisdictions is required to register pursuant to the provisions of this article if the court makes a specific finding on the record that based on the circumstances of the case the convicted person is an offender."
SECTION 5. Section 23-3-440 of the 1976 Code, as added by Section 112, Act 497 of 1994, is amended to read:
"Section 23-3-440. (1) Prior to Before an offender's release offender may be released from the Department of Corrections after completion of the term of imprisonment, or being placed on parole, the Department of Corrections or the Department of Probation, Parole, and Pardon Services, as applicable, shall notify the sheriff of the county where the offender intends to reside and SLED that the offender is being released and has provided an address within the jurisdiction of the sheriff for that county. Within forty-five days after receiving notification from the department, the sheriff must post the name, picture identification, date of birth, and address of the sex offender in a publicly accessible location in his office and, in the sheriff's discretion, in other public locations. The Department of Corrections shall provide verbal and written notification to the offender that he must register with the sheriff of the county in which he intends to reside within twenty-four hours of his release. Further, the Department of Corrections shall obtain descriptive information of the offender, including a current photograph prior to before release.
(2) The Department of Probation, Parole, and Pardon Services shall notify SLED and the sheriff of the county where an offender is residing when the offender is sentenced to probation or is a new resident of the State who must be supervised by the department. Within forty-five days after receiving notification from the department, the sheriff must post the name, picture identification, date of birth, and address of the sex offender in a publicly accessible location in his office and, in the sheriff's discretion, in other public locations. The Department of Probation, Parole, and Pardon Services also shall provide verbal and written notification to the offender that he must register with the sheriff of the county in which he intends to reside. An offender who is sentenced to
(3) The Department of Juvenile Justice shall notify SLED and the sheriff of the county where an offender is residing when the offender is released from a Department of Juvenile Justice facility or when the Department of Juvenile Justice is required to supervise the actions of the juvenile. Subject to the limitations of Section 20-7-780 and within forty-five days after receiving notification from the department, the sheriff must post the name, picture identification, date of birth, and address of the sex offender in a publicly accessible location in his office and, in the sheriff's discretion, in other public locations. The Department of Juvenile Justice must shall provide verbal and written notification to the juvenile and his parent, legal guardian, or custodian that the juvenile must register with the sheriff of the county in which the juvenile resides. The juvenile must register within twenty-four hours of his release or within ten days if he was not confined to a Department of Juvenile Justice's facility.
(4) The Department of Corrections, the Department of Probation, Parole, and Pardon Services, and the Department of Juvenile Justice shall provide to SLED the initial registry information regarding the offender prior to before his release from imprisonment or relief of supervision. This information shall must be collected in the event the offender fails to register with his county sheriff."
SECTION 6. Section 23-3-460 of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:
"Section 23-3-460. (A) Any A person required to register under this article shall be is required to register annually for a period of life. The offender shall register at the sheriff's department in the county where he resides.
(B) If any a person required to register under this article changes his address within the same county, that person must send written notice of the change of address to the county sheriff within ten days of establishing the new residence.
(C) If any a person required to register under this section changes his address into another county in South Carolina, the person must register with the county sheriff in the new county within ten days of establishing the new residence. The county sheriff in the offender's new county of residence immediately shall post the offender's name, picture identification, date of birth, and address in a publicly accessible location
(D) If any a person required to register under this article moves outside of South Carolina, the person must provide written notice within ten days of the change of address to a new state to the county sheriff with whom the person last registered. Once the notice is received, the county sheriff shall cease posting the offender's name and other identifying information.
(E) If any a person required to register under this article moves to South Carolina from another state and is not under the jurisdiction of the State Department of Corrections, the State Department of Probation, Parole, and Parole Pardon Services, or the Department of Juvenile Justice at the time of moving to South Carolina, he must register within sixty days of establishing residence, or re-establishing residence, if the person is a former South Carolina resident. The county sheriff in the county the offender is residing immediately shall post the name, picture identification, date of birth, and address of the offender in a publicly accessible location in his office and, in the sheriff's discretion, in other public locations.
(F) The South Carolina Department of Motor Vehicles Transportation shall inform in writing to any a new resident who applies for a drivers license, a chauffeur's license, vehicle tag, or a state identification card the obligation of those offenders an offender to register."
SECTION 7. Section 23-3-490 of the 1976 Code is repealed.
SECTION 8. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. MARTIN explained the amendment.
The amendment was then adopted.
Reps. KNOTTS, LIMEHOUSE and SIMRILL proposed the following Amendment No. 3.
3300-4 after locations on line 2 to read: Sheriff or local authority must notify local media with the offender's name, picture I.D., date of birth, and address of the sex offender.
Rep. SIMRILL explained the amendment.
Rep. ROBINSON moved that the House recur to the morning hour, which was agreed to.
Rep. SCOTT moved that the House do now adjourn.
Rep. WOFFORD demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Breeland Littlejohn McMahand Rice Scott Whipper, S.
Those who voted in the negative are:
Askins Baxley Boan Brown, H. Cain Carnell Cato Chamblee Cotty Cromer Dantzler Davenport Delleney Easterday Elliott Fair Fleming Fulmer Gamble Hallman Harrell Harris, J. Harwell Haskins Herdklotz Hodges Huff Hutson Jaskwhich Keegan Kelley Keyserling Kinon Kirsh Klauber Knotts Koon Limbaugh Limehouse Marchbanks Mason McAbee McKay McTeer Meacham Neilson Quinn Rhoad Riser Robinson Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stuart
Thomas Townsend Tripp Trotter Tucker Vaughn Walker Whatley Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young, A.
So, the House refused to adjourn.
The Senate sent to the House the following:
S. 787 -- Senators Rose, Alexander, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO EXPRESS TO THE PEOPLE OF OUR SISTER STATE OF OKLAHOMA THE HEARTFELT SYMPATHY OF THE PEOPLE OF SOUTH CAROLINA OVER THE TRAGIC LOSS OF LIFE AND TO OFFER OUR PRAYERS AND CONDOLENCES.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
S. 73 -- Senators McConnell and Hayes: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT THE GROUND OF CONTINUOUS SEPARATION FOR A PERIOD OF ONE YEAR MAY BE A VOLUNTARY OR INVOLUNTARY SEPARATION.
Referred to Committee on Judiciary.
Referred to Committee on Judiciary.
S. 92 -- Senators McConnell, Rose, Elliott and Wilson: A BILL TO AMEND SECTION 17-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RELEASE OF A NONCAPITAL OFFENDER ON HIS OWN RECOGNIZANCE, SO AS TO PROVIDE FOR THE OFFENSES FOR WHICH AND THE CIRCUMSTANCES UNDER WHICH BAIL MAY BE DENIED AND TO DEFINE VIOLENT CRIMES.
Referred to Committee on Judiciary.
S. 767 -- Senators Matthews and Williams: A BILL TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM THAT PORTION OF SECONDARY ROAD S-38-1840 IN ORANGEBURG COUNTY BETWEEN THE GATES AT EITHER END OF THE ORANGEBURG-WILKINSON HIGH SCHOOL.
On motion of Rep. COBB-HUNTER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 3.
H. 3300 -- Reps. Limehouse, Fleming, Allison, G. Brown, J. Brown, Cain, Chamblee, Cotty, Davenport, Delleney, Easterday, Fair, Felder, Fulmer, Hallman, Harrell, Harrison, Haskins, Herdklotz, Hodges, Huff, Hutson, Kinon, Knotts, Koon, Lanford, Limbaugh, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McCraw, McElveen, McKay, McTeer, Phillips, Rice, Robinson, Sandifer, Sharpe, Shissias, D. Smith, Stoddard, Tripp, Trotter, Vaughn, Wells, Whatley, Wilder, Wright, A. Young, Cobb-Hunter, Baxley, Kelley, Keyserling, Govan, Inabinett, H. Brown, Witherspoon, Simrill, Keegan, Townsend, Kennedy, Jaskwhich, Stuart, L. Whipper, Stille, Byrd, Meacham, Law, Riser, Dantzler, Richardson,
Debate was resumed on Amendment No. 3, by Reps. KNOTTS, SIMRILL and LIMEHOUSE.
Rep. MARTIN moved to table the amendment, which was agreed to.
The Bill was read the second time and ordered to third reading.
Rep. CHAMBLEE moved that the House recede until 2:30 P.M., which was adopted.
At 2:30 P.M. the House resumed, the SPEAKER Pro Tempore in the Chair.
The question of a quorum was raised. A quorum was later present.
The following Bill was taken up.
H. 3380 -- Reps. Lanford, Wilkins, Hallman, Koon, Mason, Sandifer, Simrill, Wright, Cain, Allison, Wells, Walker, A. Young, McCraw, Hines, Cato, Inabinett, Breeland, Herdklotz, S. Whipper, Davenport and Beatty: A BILL TO AMEND SECTION 20-7-2205, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST COMMITTING A STATUS OFFENDER TO THE CUSTODY OF A CORRECTIONAL INSTITUTION OR SECURE EVALUATION CENTER OPERATED BY THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO PROVIDE THAT SUCH COMMITMENT MAY BE MADE TO A SECURE EVALUATION
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5829AC.95), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 20-7-2205 of the 1976 Code, as last amended by an act of 1995 bearing ratification number 585 of 1994, is further amended to read:
"Section 20-7-2205. Notwithstanding Section 20-7-2170, a child who is guilty of a violation of law or other misconduct which would not be a criminal offense if committed by an adult, including a child who has been found in contempt of court for violation of a court order related to the violation or misconduct or a child who violates the conditions of probation for an offense, must not may be committed to the custody of a secure correctional institution operated by the Department of Juvenile Justice or to secure evaluation centers operated by the department for a determinate period not to exceed ninety days and without first temporarily committing the child to an evaluation center; however, the department may conduct any evaluation it considers necessary. A child committed under this section may not be confined with a child who has been adjudicated delinquent for committing a violent crime as defined in Section 16-1-60."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. MARTIN explained the amendment.
Rep. MARTIN continued speaking.
The SPEAKER granted Reps. McELVEEN and KENNEDY a leave of absence.
Rep. MARTIN continued speaking.
Rep. KIRSH raised the Point of Order that the Bill was out of order in compliance with Rule 4.4 which states that no statewide bill directly
Printed Page 2650, Apr. 26
| Printed Page 2670, Apr. 26
|