Bill 4464

                    Current Status

Bill Number:                       4464
Type of Legislation:               General Bill GB
Introducing Body:                  House
Introduced Date:                   19980121
Primary Sponsor:                   Limehouse
All Sponsors:                      Limehouse, Seithel, F. Smith,
                                   Altman, Cotty, Campsen, Whatley,
                                   Harrell, Cato, Witherspoon, Vaughn,
                                   Stoddard, Scott, Tripp, McMaster and
                                   Lanford 
Drafted Document Number:           bbm\9540cm.98
Residing Body:                     House
Current Committee:                 Judiciary Committee 25 HJ
Subject:                           Sex offender registry,
                                   information provided by way of
                                   CD-Rom or other electronic medium;
                                   Crimes and Offenses

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

House   19980121  Introduced, read first time,             25 HJ
                  referred to Committee

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-3-500 SO AS TO PROVIDE FOR THE DISSEMINATION OF CERTAIN INFORMATION CONTAINED IN THE SEX OFFENDER REGISTRY BY WAY OF CD-ROM OR OTHER ELECTRONIC MEDIUM AND TO PROVIDE PENALTIES FOR THE UNLAWFUL USE OF INFORMATION PROVIDED IN THIS PROVISION.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 23-3-500. (A) Notwithstanding another provision of law, SLED shall provide a CD-ROM or other electronic medium containing the information collected for the sex offender registry except a sex offender's street address and criminal history other than the specific crimes for which the offender was required to register. The CD-ROM or other electronic medium must be distributed on a quarterly basis to the sheriff's department in each county. The sheriff's departments may obtain additional copies by purchasing a yearly subscription to the CD-ROM or other electronic medium from SLED for a yearly subscription fee.

(B) SLED and the sheriff's department shall make the CD-ROM or other electronic medium available for viewing by an applicant who:

(1) expresses an articulable purpose to obtain access to the information;

(2) provides identification in the form of a South Carolina driver's license or a South Carolina identification card that shows him to be at least eighteen years of age;

(3) signs a register maintained by SLED or the sheriff's department of persons applying to view the CD-ROM or other electronic medium; and

(4) signs a statement provided by SLED and maintained in the law enforcement agency's office stating that he:

(a) is not a registered sex offender;

(b) understands the purpose of the release of this information as contained in Section 23-3-400; and

(c) understands that it is unlawful to use information obtained from the CD-ROM or other electronic medium to commit a crime against a registrant or to engage in illegal discrimination or harassment of a registrant.

(C) The records of persons registering to view the CD-ROM or other electronic medium are confidential, except that a copy of the applications requesting to view the CD-ROM or other electronic medium may be disclosed to law enforcement agencies for law enforcement purposes.

(D) Information identifying a crime victim by name, birthdate, address, or relationship to the registrant must be excluded from the CD-ROM or other electronic medium.

(E) Each CD-ROM or other electronic medium distributed pursuant to this section shall not be distributed or removed from the custody of the law enforcement agency that is authorized to retain it.

(F) A person who copies, distributes, discloses, or receives a record contained on a CD-ROM or other electronic medium subject to this section except as authorized by law, is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than six months, or fined not more than one thousand dollars, or both. This subsection does not apply to a law enforcement officer who obtains a copy pursuant to his official duties in the course of a criminal investigation or court case.

(G) Unauthorized removal or destruction of a CD-ROM or other electronic medium subject to this section from the office of a law enforcement agency is a misdemeanor punishable by imprisonment of not more than one year and a fine of not more than one thousand dollars, or both."

SECTION 2. This act takes effect upon approval by the Governor.