Reference is to Printer's Date 4/24/13-S.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 23-3-115(B) of the 1976 Code, as last amended by Act 353 of 2008, is further amended to read:
"(B) The fee
allowed in subsection (A) is fixed at eight dollars if the
criminal record search is conducted for a charitable
organization, a bona fide mentor, or for the use of a charitable
organization. An organization that is authorized to receive
the reduced fee shall not charge the volunteer, mentor, member,
or employee more than eight dollars or any additional fee that
is not required by the State Law Enforcement Division. All
criminal record searches conducted pursuant to this subsection
must be for a volunteer, mentor, member, or employee performing
in an official capacity of the organization and must not be
resold. The division shall develop forms on which a mentor
or charitable organization shall certify that the criminal
record search is conducted for the use and benefit of the
charitable organization or mentor. For purposes of this
subsection, the phrase 'charitable organization' means:
(1)
an organization which has been determined to be exempt
from taxation under Section 501(c)(3) of the United States
Internal Revenue Code of 1986, as amended;
(2)
a bona fide church, including an institution such as a
synagogue or mosque;
(3)
an organization which has filed a statement of
registration or exemption under the Solicitation of Charitable
Funds Act, Chapter 56, Title 33; or
(4)
local parks and recreation volunteers through
a commission volunteers, municipality,
county, or the South Carolina Department of Parks, Recreation
and Tourism."
SECTION 2. Section 30-2-50 of the 1976 Code is amended to read:
"Section 30-2-50.
(A) A person or private entity shall
not knowingly obtain or use any personal information obtained
from a state or local agency for commercial solicitation
directed to any person in this State.
(B) Each state agency
shall provide a notice to all requestors of records pursuant to
this chapter and to all persons who obtain records pursuant to
this chapter that obtaining or using public records for
commercial solicitation directed to any person in this State is
prohibited.
(C) All state and
local agencies shall take reasonable measures to ensure that
no person or private entity obtains or distributes personal
information obtained from a public record for commercial
solicitation.
(D) A person knowingly
violating the provisions of subsection (A) is guilty of a
misdemeanor and, upon conviction, must be fined an amount not to
exceed five hundred dollars or imprisoned for a term not to
exceed one year, or both.
(E) This chapter
does not apply to a local governmental entity of a subdivision
of this state or local government."
SECTION 3. Section 17-1-40 of the 1976 Code, as last amended by Act 75 of 2013, is further amended to read:
"Section 17-1-40.
(A)(1) A person who after being charged with a criminal
offense and the charge is discharged, proceedings against the
person are dismissed, or the person is found not guilty of the
charge, the arrest and booking record, files, mug shots, and
fingerprints of the person must be destroyed and no evidence of
the record pertaining to the charge may be retained by any
municipal, county, or state law enforcement agency. Provided,
however, that local and state detention and correctional
facilities may retain booking records, identifying documentation
and materials, and other institutional reports and files under
seal, on all persons who have been processed, detained, or
incarcerated, for a period not to exceed three years from the
date of the expungement order to manage their statistical and
professional information needs and, where necessary, to defend
such facilities during litigation proceedings except when an
action, complaint, or inquiry has been initiated. Information
retained by a local or state detention or correctional facility
as permitted under this section after an expungement order has
been issued is not a public document and is exempt from
disclosure. Such information only may be disclosed by judicial
order, pursuant to a subpoena filed in a civil action, or as
needed during litigation proceedings. A person who otherwise
intentionally retains the arrest and booking record, files, mug
shots, fingerprints, or any evidence of the record pertaining to
a charge discharged or dismissed pursuant to this section is
guilty of contempt of court.
(2) If a person has
been issued a courtesy summons pursuant to Section 22-3-330 or
another provision of law and the charge for which the courtesy
summons was issued is discharged, proceedings against the person
are dismissed, or the person is found not guilty of the charge,
the arrest and booking record, files, mug shots, and
fingerprints of the person must be destroyed and no evidence of
the record pertaining to the charge may be retained by any
municipal, county, or state law enforcement agency in accordance
with the provisions of item (1).
In addition, a person who violates the
provisions of this item is subject to the same penalty as
provided in item (1).
(B) A municipal, county, or state agency
may not collect a fee for the destruction of records pursuant to
the provisions of this section.
(C) This section does not apply to a person
who is charged with a violation of Title 50, Title 56, an
enactment pursuant to the authority of counties and
municipalities provided in Titles 4 and 5, or any other state
criminal offense if the person is not fingerprinted for the
violation.
(D) If a charge enumerated in subsection
(C) is discharged, proceedings against the person are dismissed,
or the person is found not guilty of the charge, the charge must
be removed from any Internet-based public record no later than
thirty days from the disposition date.
(E) The State Law Enforcement Division is
authorized to promulgate regulations that allow for the
electronic transmission of information pursuant to this
section.
(F)(1) A
person or entity who publishes on the person or entity's website
the arrest and booking records, including mug shots, of a person
who is arrested and booked in South Carolina is deemed to be
transacting business in South Carolina.
(2)
Except as provided in item (3), within thirty
days of the sending of a written request by a person described
in subsection (A), including the person's name, date of birth,
date of arrest, and the name of the arresting law enforcement
agency, a person or entity shall, without fee or compensation,
remove from the person or entity's website any arrest and
booking records, including mug shots, of the person described in
subsection (A).
(3)
If the original charge against the person
described in subsection (A) is discharged or dismissed as a
result of the person pleading to a lesser offense, the person or
entity who publishes the website is not required to remove the
records; however, the person or entity shall change any
published information to reflect the lesser offense instead of
the original charge.
(4)
The written request must be sent via certified
mail, return receipt requested, to the registered agent,
principal place of business, or primary residence of the person
or entity who publishes the website.
(5)
A person or entity who publishes a website and
violates this subsection is guilty of a misdemeanor, and, upon
conviction, must be fined not more than five hundred dollars or
be imprisoned not more than thirty days, or both.
(6)
A person described in subsection (A) may file a
civil cause of action against a person or entity who publishes a
website and violates this subsection."
SECTION 4. The provisions of this act are severable. If any section, subsection, paragraph, subparagraph, item, subitem, 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 the act, the General Assembly hereby declaring that it would have passed each and every section, subsection, paragraph, subparagraph, item, subitem, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, items, subitems, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 5. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.