Reference is to the bill as introduced.
Amend the bill, as and if amended, beginning on page 1 and line 21, by striking the bill in its entirety and inserting:
/ Whereas, the General Assembly finds that:
(1) minors under the
age of eighteen residing in or visiting this State engaging in
commercial sexual acts or sex trafficking may be victims of a
crime and, if victims, enjoy the protection and resources of the
State of South Carolina; and
(2) minors who qualify
for the protection of this act should be protected from criminal
and civil liability including immunity from prosecution. Now,
therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "Safe Harbor for Exploited Minors Act".
SECTION 2. Article 19, Chapter 3, Title 16 of the 1976 Code is amended by adding:
"Section 16-3-2110.
(A) In a prosecution involving a minor
victim of trafficking in persons, an officer or employee of the
court may not disclose the identity of the victim of trafficking
in persons to the public. All records revealing the name of the
victim of trafficking in persons are not open to public
inspection or subject to disclosure pursuant to Chapter 4, Title
30, the Freedom of Information Act.
(B) A minor under the
age of eighteen who is charged with a violation pursuant to
Section 16-15-90, is entitled to a hearing to determine whether
the minor is immune from prosecution. If the judge determines,
by a preponderance of the evidence, that the minor violated
Section 16-15-90 as the result of coercion and duress from a
third person, the minor is immune from criminal prosecution. The
degree of coercion must be of such a nature as to induce a
well-grounded apprehension of death or serious bodily harm if
the act is not done. The fear of death or harm must be
reasonable.
(C) A minor under
the age of eighteen who is charged with violating a trespassing,
loitering, obstruction of highway, disorderly conduct, or simple
possession of a controlled substance statute as a direct result
of being a victim of sex trafficking, when the violation is his
or her first offense, is eligible to apply for a pre-trial
diversion program. If the minor is accepted and successfully
completes the diversionary program, the charges must be expunged
pursuant to other provisions of law.
(D) A law enforcement
agency may use standard procedures for investigating
prostitution involving minors under the age of eighteen, but
must timely contact the Department of Social Services when a
minor under the age of eighteen is being prostituted or
trafficked, or is charged with prostitution or related
offenses.
(E) The provisions of
this section do not extend to a minor under the age of eighteen
who induces, encourages, facilitates, or enables in anyway the
sexual exploitation of another person.
(F) Residence of a
victim of trafficking in persons in a shelter or other facility
is voluntary, and a victim of trafficking in persons may decline
to stay in a shelter or other facility.
(G) Admission to a
shelter:
(1)
must be made without regard to race, religion, ethnic
background, sexual orientation, country of origin, or culture;
and
(2)
may not be conditioned on whether the victim of
trafficking in persons is cooperating with a law enforcement
agency in its attempts to prosecute persons pursuant to this
article."
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.