South Carolina General Assembly
114th Session, 2001-2002

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Bill 339


                    Current Status

Bill Number:                      339
Ratification Number:              102
Act Number:                       68
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20010215
Primary Sponsor:                  Ryberg
All Sponsors:                     Ryberg, Grooms, Branton, Waldrep, Fair, 
                                  Thomas, Leatherman, Wilson, Hayes, Giese, 
                                  Gregory and Verdin
Drafted Document Number:          l:\council\bills\skb\18193som01.doc
Date Bill Passed both Bodies:     20010531
Date of Last Amendment:           20010530
Governor's Action:                S
Date of Governor's Action:        20010711
Subject:                          Sexual misconduct by state, local 
                                  government employee, penalty; Crimes, Sex 
                                  offense, Public Officers, Prisons, Patients


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
------  20010720  Act No. A68
------  20010711  Signed by Governor
------  20010605  Ratified R102
Senate  20010531  Concurred in House amendment, 
                  enrolled for ratification
House   20010531  Read third time, returned to
                  Senate with amendment
------  20010531  Scrivener's error corrected
House   20010530  Amended, read second time
House   20010529  Debate adjourned until
                  Wednesday, 20010530
House   20010523  Committee report: Favorable with       25 HJ
                  amendment
House   20010501  Introduced, read first time,           25 HJ
                  referred to Committee
Senate  20010427  Read third time, sent to House
------  20010427  Scrivener's error corrected
Senate  20010426  Read second time, unanimous consent
                  for third reading on Friday
                  20010427
Senate  20010425  Polled out of Committee: Favorable     13 SMA
Senate  20010314  Committed to Committee                 13 SMA
Senate  20010314  Recalled from Committee                11 SJ
Senate  20010215  Introduced, read first time,           11 SJ
                  referred to Committee


              Versions of This Bill
Revised on April 25, 2001 - Word format
Revised on April 27, 2001 - Word format
Revised on May 23, 2001 - Word format
Revised on May 30, 2001 - Word format
Revised on May 31, 2001 - Word format

View additional legislative information at the LPITS web site.


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

(A68, R102, S339)

AN ACT TO AMEND SECTION 44-23-1150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF A STATE OR LOCAL GOVERNMENT EMPLOYEE HAVING SEXUAL INTERCOURSE WITH A PATIENT OR TRAINEE OF A MENTAL HEALTH FACILITY OR AN INMATE OF A CORRECTIONAL FACILITY SO AS TO BROADEN THE SCOPE OF THE STATUTE TO COVER SUPERVISORY SITUATIONS OUTSIDE OF AN INSTITUTION, TO PROVIDE DEFINITIONS, TO PROVIDE AN OFFENSE OF SEXUAL MISCONDUCT, SECOND DEGREE, THAT DOES NOT INCLUDE INTERCOURSE, TO PROVIDE AN OFFENSE OF FALSELY REPORTING SEXUAL MISCONDUCT, AND TO PROVIDE AN OFFENSE OF FAILURE TO REPORT KNOWLEDGE RECEIVED IN ONE'S PROFESSIONAL CAPACITY OF SEXUAL MISCONDUCT.

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

Whereas, the General Assembly finds that sexual relations between staff, agents, contractors, or volunteers of those having responsibility for inmates or patients confined in prisons, jails, or mental health facilities, or criminal offenders under supervision in the community, and persons committed to their care or supervision is inappropriate, contrary to the expectations of the State, and provides opportunities to compromise security thereby threatening the maintenance of order and discipline. Now, therefore, it is declared to be the public policy of the State of South Carolina to discourage such misconduct by declaring certain acts to be illegal and providing for criminal sanctions.

Sexual misconduct with inmate, patient, or an offender on parole or probation

SECTION 1. Section 44-23-1150 of the 1976 Code, as last amended by Act 136 of 1997, is further amended to read:

"Section 44-23-1150. (A) As used in this section:

(1) 'Actor' means an employee, volunteer, agent, or contractor of a public entity that has statutory or contractual responsibility for inmates or patients confined in a prison, jail, or mental health facility. Actor includes individuals who supervise inmate labor details outside of an institution or who have supervisory responsibility for offenders on parole, probation, or other community supervision programs.

(2) 'Victim' means an inmate or patient who is confined in or lawfully or unlawfully absent from a prison, jail, or mental health facility, or who is an offender on parole, probation, or other community supervision programs. A victim is not capable of providing consent for sexual intercourse or sexual contact with an actor.

(B) An actor is guilty of sexual misconduct when the actor, knowing that the victim is an inmate, offender, or patient voluntarily engages with the victim in an act of sexual intercourse, whether vaginal, oral, or anal, or other sexual contact for the purpose of sexual gratification.

(C)(1) When the sexual misconduct involves an act of sexual intercourse, whether vaginal, oral, or anal, the actor is guilty of the felony of sexual misconduct, first degree and, upon conviction, must be imprisoned for not more than ten years.

(2) When the sexual misconduct does not involve sexual intercourse but involves other sexual contact which is engaged in for sexual gratification, the actor is guilty of the felony of sexual misconduct, second degree and, upon conviction, must be imprisoned for not more than five years. The term sexual contact, as used in this subsection, refers to an intrusion of any part of a person's body or of any object into the 'intimate parts', as defined in Section 16-3-651(d), of another person's body, or to the fondling of the 'intimate parts' of another person's body, which is done in a manner not required by professional duties, but instead is done to demonstrate affection, sexually stimulate that person or another person, or harass that person.

(D) A person who knowingly or wilfully submits inaccurate or untruthful information concerning sexual misconduct as defined in this section is guilty of the misdemeanor of falsely reporting sexual misconduct and, upon conviction, must be imprisoned for not more than one year.

(E) A person who has knowledge of sexual misconduct who has received information in the person's professional capacity and fails to report it to the appropriate law enforcement authority, or a person who threatens or attempts to intimidate a witness is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than six months, or both."

Time effective

SECTION 2. This act takes effect upon approval by the Governor and applies to offenses committed on or after that date. A person arrested, charged, or indicted under the provision of law amended by this act must be tried and sentenced as provided by the law in force at the time of the commission of the offense.

Ratified the 5th day of June, 2001.

Approved the 11th day of July, 2001.

__________


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