South Carolina General Assembly
113th Session, 1999-2000

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Bill 3075

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

May 18, 1999

H. 3075

Introduced by Reps. Limehouse, Edge, Simrill and Emory

S. Printed 5/18/99--H.

Read the first time January 12, 1999.

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H. 3075), to amend the Code of Laws of South Carolina, 1976, by adding Section 23-3-485 so as to require the sheriff to provide written notice to all residences within four blocks of a registered sex offender of the offender's address, etc., respectfully

REPORT:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/ 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."

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 a specific person or 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, stating the name of the person requesting the information, and the name or address of the person or persons about whom the information is sought. The information must be disclosed only to the person making the request. The sheriff must provide the person making the request with the full names of the requested 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.

(C) Nothing in subsection (A) or in Section 23-3-485 prohibits a sheriff from disseminating information contained in that subsection (A) regarding a specific person persons who is 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." /

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

Renumber sections to conform.

Amend totals and title to conform.

JAMES H. HARRISON, for Committee.

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES IS:

$0 (No additional expenditures or savings are expected)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES IS:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

Passage of this bill will not have a fiscal impact on the General Fund of the State or Federal and/or Other funds.

LOCAL GOVERNMENT IMPACT:

In a survey of twelve local governments, four indicated the need to hire a part time administrative assistant if this bill is passed. They estimate the recurring cost to be $15,000 and the nonrecurring cost to be $3,000.

Approved By:

Don Addy

Office of State Budget

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-3-485 SO AS TO REQUIRE THE SHERIFF TO PROVIDE WRITTEN NOTICE TO ALL RESIDENCES WITHIN FOUR BLOCKS OF A REGISTERED SEX OFFENDER OF THE OFFENDER'S ADDRESS AND CERTAIN OTHER INFORMATION REGARDING THE OFFENDER; AND TO AMEND SECTION 23-3-490, AS AMENDED, RELATING TO A SHERIFF DISSEMINATING SEX OFFENDER REGISTRY INFORMATION WHEN IT IS BELIEVED SUCH DISSEMINATION WILL DETER CRIME, SO AS TO PROVIDE THAT THE FOUR-BLOCK RADIUS NOTIFICATION DOES NOT RESTRICT THE SHERIFF FROM BROADER DISSEMINATION OF INFORMATION WHEN NECESSARY.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 23-3-485. In addition to the procedures in Section 23-3-490 for releasing information in the offender registry upon request, within ten days of an offender registering or providing notice of a change in address the sheriff shall provide written notification of the offender's residence to each residence within a four-block radius of the offender's residence. The notification must include the full name of the offender, any aliases, other identifying physical characteristics, date of birth, address of offender's residence, the offense for which the offender was required to register, the date, city and state of conviction, and a photocopy of a recent photograph."

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

"(C) Nothing in subsection (A) or in Section 23-3-485 prohibits a sheriff from disseminating information contained in that subsection (A) regarding a specific person who is 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."

SECTION 3. This act takes effect October 1, 1999.

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