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Bill 3075

                    Current Status

Bill Number:                      3075
Ratification Number:              189
Act Number:                       110
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  19990112
Primary Sponsor:                  Limehouse
All Sponsors:                     Limehouse, Edge, Simrill, Emory
Drafted Document Number:          l:\council\bills\psd\7052ac99.doc
Companion Bill Number:            502
Date Bill Passed both Bodies:     19990622
Date of Last Amendment:           19990603
Governor's Action:                S
Date of Governor's Action:        19990630
Subject:                          Sex offender registry, release of 
                                  offender's name and residence; sheriff; Law 
                                  Enforcement, Crimes and Offenses


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
------  19990721  Act No. A110
------  19990630  Signed by Governor
------  19990624  Ratified R189
House   19990622  Concurred in Senate amendment, 
                  enrolled for ratification
Senate  19990604  Read third time, returned to House
                  with amendment
Senate  19990603  Amended, read second time, 
                  unanimous consent for third reading 
                  on Friday, 19990604
Senate  19990603  Recalled from Committee                11 SJ
Senate  19990525  Introduced, read first time,           11 SJ
                  referred to Committee
House   19990520  Read third time, sent to Senate
House   19990519  Read second time
House   19990519  Amended
House   19990518  Committee report: Favorable with       25 HJ
                  amendment
House   19990112  Introduced, read first time,           25 HJ
                  referred to Committee
House   19981209  Prefiled, referred to Committee        25 HJ


                             Versions of This Bill
Revised on May 18, 1999 - Word format
Revised on May 19, 1999 - Word format
Revised on June 3, 1999 - Word format

(A110, R189, H3075)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-3-530 SO AS TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION TO DEVELOP AND MAINTAIN A PROTOCOL MANUAL TO BE USED BY CONTRIBUTING AGENCIES IN THE ADMINISTRATION OF THE SEX OFFENDER REGISTRY; AND TO AMEND SECTION 23-3-490, AS AMENDED, RELATING TO SEX OFFENDER REGISTRY INFORMATION BEING AVAILABLE TO THE PUBLIC, SO AS TO REQUIRE A SHERIFF TO PROVIDE A LISTING OF THE REGISTRY FOR PUBLICATION BY A NEWSPAPER WITH GENERAL CIRCULATION IN THE COUNTY, TO PROVIDE IMMUNITY FROM LIABILITY FOR PROVIDING OR PUBLISHING SUCH INFORMATION ABSENT INTENT, MALICE, OR BAD FAITH, AND TO REQUIRE A SHERIFF TO NOTIFY THE PRINCIPAL OF PUBLIC AND PRIVATE SCHOOLS AND THE ADMINISTRATORS OF DAYCARE CENTERS OF AN OFFENDER RESIDING WITHIN ONE-HALF MILE OF THE SCHOOL OR DAYCARE CENTER.

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

Protocol manual for administration of the sex offender registry

SECTION 1. Article 7, Chapter 3, Title 23 of the 1976 Code is amended by adding:

"Section 23-3-530. The State Law Enforcement Division shall develop and maintain a protocol manual to be used by contributing agencies in the administration of the sex offender registry."

Procedures for providing registry information to the public; publication by newspapers; immunity; notice to schools and daycare centers

SECTION 2. Section 23-3-490(A) and (C) of the 1976 Code, as last amended by Act 384 of 1998, are further amended to read:

"(A) Information collected for the offender registry is open to public inspection, upon request to the county sheriff. A sheriff must release information regarding persons required to register under this article to a member of the public if the request is made in writing, on a form prescribed by SLED. The sheriff must provide the person making the request with the full names of the registered sex offenders, any aliases, any other identifying physical characteristics, each offender's date of birth, the home address on file, the offense for which the offender was required to register pursuant to Section 23-3-430, and the date, city, and state of conviction. A photocopy of a current photograph must also be provided. The sheriff must provide to a newspaper with general circulation within the county a listing of the registry for publication.

A sheriff who provides the offender registry for publication or a newspaper which publishes the registry, or any portion of it, is not liable and must not be named as a party in an action to recover damages or seek relief for errors or omissions in the publication of the offender registry; however, if the error or omission was done intentionally, with malice, or in bad faith the sheriff or newspaper is not immune from liability.

(C) Nothing in subsection (A) prohibits a sheriff from disseminating information contained in subsection (A) regarding persons who are required to register under this article if the sheriff or another law enforcement officer has reason to believe the release of this information will deter criminal activity or enhance public safety. The sheriff shall notify the principals of public and private schools, and the administrator of child daycare centers and family daycare centers of any offender whose address is within one-half mile of the school or business."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Ratified the 24th day of June, 1999.

Approved the 30th day of June, 1999.

This web page was last updated on Wednesday, December 9, 2009 at 9:12 A.M.