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Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
AS PASSED BY THE SENATE
May 31, 2007
H. 3304
Introduced by Reps. J.M. Neal, McLeod, Branham, Chalk, Frye, Gambrell, Littlejohn, Lucas, Mulvaney, Neilson, Rice, Spires, Viers and Agnew
S. Printed 5/31/07--S. [SEC 6/4/07 3:30 PM]
Read the first time April 17, 2007.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 61, TITLE 44 SO AS TO ENACT THE "SOUTH CAROLINA EMERGENCY MEDICAL SERVICES EMPLOYMENT ACT" AND TO REQUIRE AFTER JUNE 30, 2007, A PERSON SEEKING EMPLOYMENT AS AN EMERGENCY MEDICAL TECHNICIAN (EMT) TO UNDERGO A CRIMINAL RECORDS CHECK PRIOR TO EMPLOYMENT, TO PROHIBIT EMPLOYMENT OF A PERSON AS AN EMT IF THE PERSON HAS BEEN CONVICTED OF CERTAIN FELONY CRIMES OR CRIMES AGAINST CERTAIN VULNERABLE INDIVIDUALS, TO EXEMPT AN EMT EMPLOYED ON JULY 1, 2007, FROM A CRIMINAL RECORDS CHECK UNLESS AND UNTIL THE EMT CHANGES HIS EMT EMPLOYMENT, AND TO PROVIDE AN EXCEPTION DURING A STATE OF EMERGENCY.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-61-80(d) and (e) of the 1976 Code, as amended by Act 271 of 2004, is further amended to read:
"(d) A person seeking EMT certification or recertification must undergo a state criminal records check, supported by fingerprints, by the South Carolina Law Enforcement Division(SLED), and a national criminal records check, supported by fingerprints, by the Federal Bureau of Investigation (FBI). The results of these criminal records checks must be reported to the department. SLED is authorized to retain the fingerprints for certification purposes and for notification of the department regarding criminal charges. The cost of the state criminal records check must not exceed eight dollars and must be paid to the department by the EMT or the EMS agency upon application for the state check. The cost of the national records check is established by the FBI and must be paid to the department by the EMT or the EMS agency upon application for the national check. The state and national criminal records checks are not required for an EMT employed as of July 1, 2007, until the EMT applies for recertification. The department may deny certification to applicants with certain past felony convictions and to those who are under felony indictment. Applications for certification of individuals convicted of or under indictment for the following crimes will be denied in all cases:
(1) felonies involving criminal sexual conduct;
(2) felonies involving the physical or sexual abuse of children, the elderly, or the infirm including, but not limited to, criminal sexual misconduct with a child, making or distributing child pornography or using a child in a sexual display, incest involving a child, assault on a vulnerable adult;
(3) a crime in which the victim is a patient or resident of a health care facility, including abuse, neglect, theft from, or financial exploitation of a person entrusted to the care or protection of the applicant.
Applications from individuals convicted of, or under indictment for, other offenses not listed above will be reviewed by the department on a case by case basis.
(e) EMT certification is valid for a period not exceeding three years from the date of issuance and must be renewed by undergoing a state and national criminal records check as provided for in subsection (d) and completing a refresher course and examination during the three-year certification period as required by the department and provided for by this article. Upon successful completion of an approved in-service training program directed by the medical control physician during the three-year certification period and passage of the skills evaluation as provided for by the department, the refresher course requirements and the practical skills evaluation may be waived. Failure to pass the written examination after three attempts will require completion of another refresher course and reexamination. The curriculum for in-service training programs required in this subsection must include, but not be limited to, subject matter prescribed by the department. The in-service training programs shall consist of classroom and skills phases that may be conducted at licensed services, educational facilities, or hospitals throughout the State. The medical control physician who evaluates the skills of an emergency medical technician applying for certificate renewal may also grant a waiver of taking the written exam. The waiver must certify that the emergency medical technician is knowledgeable, proficient, and capable of performing the duties of an emergency medical technician. The accomplished waiver substitutes for the written exam, but all others are required to take the prescribed written exam before renewal. Those who are nationally registered may exempt the state practical and written exam upon submission of appropriate documentation."
SECTION 2. A. Section 23-3-620 of the 1976 Code is amended to read:
"Section 23-3-620. (A) Following sentencing and at the time of intake at a jail or prison a lawful custodial arrest or a direct indictment for a felony offense or an offense that is punishable by a sentence of five years or more, either of which is committed in this State, the person arrested must provide a saliva or tissue sample from which DNA may be obtained for inclusion in the State DNA Database must be provided by:.
(1) any person convicted or adjudicated delinquent and incarcerated in a state correctional facility on or after July 1, 2004, for:
(a) eavesdropping or peeping (Section 16-17-470); or
(b) any offense classified as a felony in Section 16-1-90 or any other offense that carries a maximum term of imprisonment of five years or more; and
(2) any criminal offender convicted or adjudicated delinquent on or after July 1, 2004, who is ordered by the court to provide a sample.
(B) A convicted offender who is required to provide a DNA sample under subsections (A)(1) or (A)(2) but who is not sentenced to a term of confinement must provide a sample as a condition of his sentence. This sample must be taken at a prison, jail, or other location as specified by the sentencing court law enforcement agency with jurisdiction over the offense for which the person was subjected to a lawful custodial arrest. If appropriately trained personnel are not available to take a sample from which DNA may be obtained, the failure of the arrested person to provide a DNA sample shall not be the sole basis for refusal to release the person from custody. An arrested person who is released from custody pursuant to the provisions of this section must provide a DNA sample at a location as specified by the law enforcement agency with jurisdiction over the offense on or before the first court appearance.
(C)(B) At such time as possible and before parole or release Unless a sample has already been provided pursuant to the provisions of subsection (A), before a person may be paroled or released from confinement, the person must provide a suitable sample from which DNA may be obtained for inclusion in the State DNA Database must be provided by:
(1) a person who was convicted or adjudicated delinquent before July 1, 2004, and who was sentenced to and is serving a term of confinement on or after July 1, 2004, for:
(a) eavesdropping or peeping (Section 16-17-470); or
(b) any offense classified as a felony in Section 16-1-90 or any other offense that carries a maximum term of imprisonment of five years or more; and
(2) any criminal offender ordered by the court who was convicted or adjudicated delinquent before July 1, 2004, and who was sentenced to and is serving a term of confinement on or after July 1, 2004.
(D)(C) An agency having custody of an offender who is required to provide a DNA sample under pursuant to subsection (C)(1) or (C)(2) (B) must notify SLED at least three days, excluding weekends and holidays, before the individual person is paroled or released from confinement.
(E)(D) At such time as possible and Unless a sample has already been provided pursuant to the provisions of subsection (A), before release a person is released from confinement or release released from the agency's jurisdiction, a suitable sample from which DNA may be obtained for inclusion in the State DNA Database must be provided as a condition of probation or parole by:
(1) a person convicted or adjudicated delinquent before July 1, 2004, who is serving a probated sentence or is paroled on or after July 1, 2004, for:
(a) eavesdropping or peeping (Section 16-17-470); or
(b) any offense classified as a felony in Section 16-1-90 or any other offense that carries a maximum term of imprisonment of five years or more; and
(2) any criminal offender ordered by the court who was convicted or adjudicated delinquent before July 1, 2004, and who is serving a probated sentence or is paroled on or after July 1, 2004.
(F) A person who provides a sample pursuant to this article also must provide any other information as may be required by SLED.
(G)(E) A person required to provide a sample pursuant to this section may be required to provide another sample if the original sample is lost, damaged, contaminated, or unusable for examination.
(H)(F) The provisions of this section apply to juveniles notwithstanding the provisions of Section 20-7-8510."
B. Section 23-3-630 of the 1976 Code is amended to read:
"Section 23-3-630. (A) Only a correctional health nurse technician, physician, registered professional nurse, licensed practical nurse, laboratory technician, or other an appropriately trained health care worker person may take a sample from which DNA may be obtained.
(B) A person taking a sample pursuant to this article is immune from liability if the sample was taken according to recognized medical procedures. However, no person is relieved from liability for negligence in the taking of any blood a sample."
C. Section 23-3-650 of the 1976 Code is amended to read:
"Section 23-3-650. (A) The DNA sample and the results of a DNA profile of an individual provided under this article are confidential and must be securely stored, except that SLED must make available the results to federal, state, and local law enforcement agencies and to approved crime laboratories which serve these agencies and to the solicitor or the solicitor's designee upon a written or electronic request and in furtherance of an official investigation of a criminal offense. These results or the DNA sample of an individual also must be made available as required by a court order following a hearing directing SLED to release the record or sample.
(B) To prevent duplications of DNA samples, SLED must coordinate with any law enforcement agency obtaining a DNA sample to determine whether a DNA sample from the person under lawful custodial arrest has been previously obtained and is in the DNA database.
(B)(C) A person who wilfully discloses in any manner individually identifiable DNA information contained in the State DNA Database to a person or agency not entitled to receive this information is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than one year, or both.
(C)(D) A person who, without authorization, wilfully obtains individually identifiable DNA information from the State DNA Database is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than one year, or both."
D. Section 23-3-660 of the 1976 Code is amended to read:
"Section 23-3-660. (A) A person whose DNA record has been included in the State DNA Database may request expungement on the grounds that:
(1) the charges pending against the person who has been arrested have been nolle prossed or dismissed; or
(2) the person's conviction or adjudication has been reversed, set aside, or vacated.
(B) SLED shall must purge DNA and all other identifiable record information from the State Database and shall must destroy the person's sample if SLED receives the person's written request for expungement and either:
(1) a document from the court or law enforcement agency that the charges have been nolle prossed or dismissed; or
(2) a certified copy of the court order reversing, setting aside, or vacating the conviction or adjudication and.
(C) The person seeking expungement must provide proof that the identity of the individual making the request is the person whose record is to be expunged.
(D) If the person has more than one entry in the State DNA Database, only the entry covered by the expungement request may be expunged."
E. Section 23-3-670 of the 1976 Code is amended to read:
"Section 23-3-670. (A) A person who is required to provide a sample pursuant to this article must pay a two hundred and fifty dollar processing fee which may not be waived by the court The cost of collecting and processing a sample pursuant to this article must be paid by the general fund of the State. A fee of two hundred fifty dollars must be assessed at the time of the sentencing against persons convicted of, pleading guilty or nolo contendere to, or forfeiting bond for the crime for which they were arrested.
(1) If the person is incarcerated, the fee must be paid before the person is paroled or released from confinement and may be garnished from wages the person earns while incarcerated.
(2) If the person is not sentenced to a term of confinement, payment of the fee must be a condition of the person's sentence and may be paid in installments if so ordered by the court.
(B) The processing fee assessed pursuant to this section must be remitted to the general fund of the State and credited to the State Law Enforcement Division to offset the expenses SLED incurs in carrying out the provisions of this article."
F. The repeal or amendment by the provisions of this SECTION or any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
G. If any section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
H. The provisions of this SECTION take effect on July 1, 2008; however, the implementation of the procedures provided for in the provisions of this SECTION is contingent upon the State Law Enforcement Division's receipt of funds necessary to implement these provisions.
SECTION 3. This act takes effect July 1, 2007.
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