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A292, R353, S348
Sponsors: Senators Fair, Sheheen, S. Martin, Lourie, Shoopman, Knotts and Rose
Document Path: l:\council\bills\nbd\11173ac09.docx
Companion/Similar bill(s): 3436
Introduced in the Senate on January 29, 2009
Introduced in the House on April 13, 2010
Last Amended on June 16, 2010
Passed by the General Assembly on June 16, 2010
Governor's Action: August 27, 2010, Signed
Summary: Childcare operators and caregivers
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/29/2009 Senate Introduced and read first time SJ-6 1/29/2009 Senate Referred to Committee on Judiciary SJ-6 2/3/2009 Senate Referred to Subcommittee: Hutto (ch), Rose, Shoopman 4/22/2009 Senate Committee report: Majority favorable with amend., minority unfavorable Judiciary 3/16/2010 Senate Minority Report Removed SJ-33 3/16/2010 Senate Committee Amendment Amended and Adopted SJ-33 3/17/2010 Scrivener's error corrected 3/24/2010 Senate Read second time SJ-26 3/25/2010 Senate Read third time and sent to House SJ-35 4/13/2010 House Introduced and read first time HJ-23 4/13/2010 House Referred to Committee on Judiciary HJ-23 5/20/2010 House Committee report: Favorable with amendment Judiciary HJ-3 5/21/2010 Scrivener's error corrected 5/25/2010 House Amended HJ-45 5/25/2010 House Read second time HJ-45 5/26/2010 House Read third time and returned to Senate with amendments HJ-13 5/26/2010 Scrivener's error corrected 5/27/2010 Senate House amendment amended SJ-71 5/27/2010 Senate Returned to House with amendments SJ-71 6/2/2010 House Debate adjourned until Thursday, June 3, 2010 HJ-67 6/3/2010 House Non-concurrence in Senate amendment HJ-56 6/3/2010 House Roll call Yeas-1 Nays-94 HJ-56 6/15/2010 Senate Senate insists upon amendment and conference committee appointed Hutto, Rose, and Shoopman SJ-68 6/15/2010 House Conference committee appointed Kelly, Rutherford, and Sottile HJ-96 6/16/2010 House Conference report received and adopted HJ-357 6/16/2010 House Roll call Yeas-107 Nays-1 HJ-357 6/16/2010 Senate Conference report received and adopted SJ-217 6/29/2010 House Ordered enrolled for ratification HJ-2 8/23/2010 Ratified R 353 8/27/2010 Signed By Governor 9/1/2010 Effective date 08/27/10 9/7/2010 Act No. 292
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
(A292, R353, S348)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 63-13-825 SO AS TO REQUIRE FAMILY CHILDCARE OPERATORS AND CAREGIVERS ANNUALLY TO COMPLETE A MINIMUM OF TWO HOURS OF TRAINING APPROVED BY THE DEPARTMENT OF SOCIAL SERVICES AND TO REQUIRE THE DEPARTMENT TO POST ON ITS WEBSITE HOMES THAT ARE IN COMPLIANCE WITH THIS TRAINING REQUIREMENT AND THOSE THAT ARE NOT; AND TO AMEND SECTION 16-3-740, AS AMENDED, RELATING TO TESTING CRIMINAL OFFENDERS FOR SEXUALLY TRANSMITTED DISEASES WHEN A CRIME VICTIM HAS BEEN EXPOSED TO BODY FLUIDS DURING THE COMMISSION OF THE CRIME, SO AS TO ESTABLISH A FORTY-EIGHT HOUR TIME FRAME WITHIN WHICH THE SOLICITOR MUST PETITION THE COURT TO HAVE THE OFFENDER TESTED WHEN THE VICTIM HAS MADE SUCH REQUEST.
Be it enacted by the General Assembly of the State of South Carolina:
Annual training required; compliance to be reported on department's website
SECTION 1. Article 7, Chapter 13, Title 63 of the 1976 Code is amended by adding:
"Section 63-13-825. (A) An operator of a family childcare home and any person employed by or who contracts with an operator of a family childcare home, annually shall complete and provide documentation to the Department of Social Services of a minimum of two hours of training approved by the department.
(B) The department shall indicate on its website those family childcare homes that are, and those that are not, in compliance with this section and may include, but are not limited to, the amount of training the operator and other persons employed by or under contract with a family childcare home have reported to the department."
Petition for testing offender to be filed within forty-eight hours of request
SECTION 2. Section 16-3-740(B) of the 1976 Code is amended to read:
"(B) Upon the request of a victim who has been exposed to body fluids during the commission of a criminal offense, or upon the request of the legal guardian of a victim who has been exposed to body fluids during the commission of a criminal offense, the solicitor must, within forty-eight hours, excluding weekends and legal holidays as defined in Chapter 5, Title 53, after the offender is charged, or within forty-eight hours, excluding weekends and legal holidays, as defined in Chapter 5, Title 53, after a petition has been filed against an offender in family court, petition the court to have the offender tested for Hepatitis B and HIV. An offender must not be tested under this section for Hepatitis B and HIV without a court order. To obtain a court order, the solicitor must demonstrate the following:
(1) the victim or the victim's legal guardian requested the tests;
(2) there is probable cause that the offender committed the offense;
(3) there is probable cause that during the commission of the offense there was a risk that body fluids were transmitted from one person to another; and
(4) the offender has received notice of the petition and notice of his right to have counsel represent him at a hearing.
The results of the tests must be kept confidential and disclosed only to the solicitor who obtained the court order. The solicitor shall then notify only those persons designated in subsection (C)."
SECTION 3. This act takes effect upon approval by the Governor.
Ratified the 23rd day of August, 2010.
Approved the 27th day of August, 2010.
This web page was last updated on Friday, August 16, 2013 at 1:52 P.M.