Reference is to Printer's Date 5/6/15-H.
Amend the bill, as and if amended, by deleting SECTION 2 in its entirety and inserting:
/ SECTION 2. Chapter 1, Title 17 of the 1976 Code is amended by adding:
"Section 17-1-60.
(A) For purposes of this section, a
person or entity who publishes on the person or entity's website
or any other publication the arrest and booking records,
including booking photographs, of a person who is arrested and
booked in South Carolina is deemed to be transacting business in
South Carolina.
(B) It is unlawful for
a person or entity to obtain, or attempt to obtain, the arrest
and booking records, including booking photographs, of a person
who is arrested and booked in South Carolina knowing:
(1)
the arrest and booking records will be published on a
website or any other publication; and
(2)
removal or revision of the arrest or booking records
requires the payment of a fee or other consideration.
(C) It is unlawful for
a person or entity to require the payment of a fee or other
consideration to remove, revise, or refrain from posting to a
website or any other publication the arrest and booking records,
including booking photographs, of a person who is arrested and
booked in South Carolina.
(D)(1) A person or
entity who publishes on the person or entity's website or any
other publication the arrest and booking records, including
booking photographs, of a person who is arrested and booked in
South Carolina shall remove the arrest and booking records from
the person or entity's website or any other publication without
requiring the payment of a fee or other consideration within
thirty days of the receipt of a request to remove the arrest and
booking records, if the request:
(a)
is made in writing 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 or any other publication;
(b)
includes the person's name, date of arrest, and the name
of the arresting law enforcement agency;
(c)
contains certified documentation that the original charges
stemming from the arrest were discharged, dismissed, expunged,
or the person was found not guilty; and
(d)
includes a complete and accurate description of where the
arrest and booking records are located, including, but not
limited to, the uniform resource locator (URL) and e-edition, if
applicable.
(2)
If the original charges stemming from the arrest were
discharged or dismissed as a result of the person pleading to a
lesser included offense, or a different offense, the person or
entity who publishes the website or any other publication is not
required to remove the arrest and booking records from the
person or entity's website or any other publication; however,
the person or entity shall revise the arrest and booking records
published on the person or entity's website or any other
publication to reflect the lesser included offense, or different
offense, instead of the original charges, without requiring the
payment of a fee or other consideration within thirty days of
the receipt of a request to remove the arrest and booking
records pursuant to item (D)(1).
(3)
This subsection does not apply to the following:
(a)
motion picture producers and distributors, and their
products as released in theaters, to DVD, pay-per-view,
broadcast, cable and satellite television, as well as Internet
services;
(b)
acts done by the publisher, owner, agent, employee, or
retailer of a newspaper, periodical, books, radio station, radio
network, television station, television broadcast network, or
cable television network in the publication or dissemination in
print or electronically of:
(i)
news, history, entertainment, or
commentary; or
(ii)
an advertisement of or for another person, when the
publisher, owner, agent, or employee did not have actual
knowledge of the false, misleading, or deceptive character of
the advertisement, did not prepare the advertisement, or did not
have a direct financial interest in the sale or distribution of
the advertised product or service.
(4)
A person or entity who violates this subsection is not
subject to the criminal penalty provided in subsection (F);
however, the person or entity is subject to a civil cause of
action as provided in subsection (G).
(E)(1) This section
does not apply to a state or local government agency.
(2)
Except as otherwise provided by state law, it is unlawful
for an employee of a state or local government agency to provide
the arrest or booking records, including booking photographs, of
a person who is arrested and booked in South Carolina
knowing:
(a)
the arrest and booking records will be published on a
non-governmental website or any other publication; and
(b)
removal or revision of the arrest or booking records
requires the payment of a fee or other consideration.
(F)(1) A person or
entity who violates this section, except for subsection (D), is
guilty of a misdemeanor, and, upon conviction, must be fined not
more than one thousand dollars or be imprisoned not more than 60
days, or both.
(2)
Each arrest and booking record obtained, attempted to
obtain, or provided, and each payment solicited or accepted in
violation of this section constitutes a separate violation.
(G)(1) Except as
provided in item (G)(2), a person who suffers a loss or harm as
a result of a violation of this section may file a civil cause
of action against a person or entity who violates this section
for damages suffered, along with costs, attorney's fees, and any
other legal or equitable relief.
(2)
A person who suffers a loss or harm as a result of a
violation of this section may not file a civil cause of action
against a state or local government agency pursuant to this
section; however, the person may file a civil cause of action
against an employee of a state or local government agency who
violates item (E)(2) pursuant to the South Carolina Tort Claims
Act. A state or local government agency may not be substituted
for an employee of the state or local government agency in a
civil cause of action against the employee."
/
Renumber sections to conform.
Amend title to conform.