Bill 4362

                    Current Status

Bill Number:                       4362
Type of Legislation:               General Bill GB
Introducing Body:                  House
Introduced Date:                   19980113
Primary Sponsor:                   Hawkins 
All Sponsors:                      Hawkins, Bailey, Gamble,
                                   Knotts, Leach, Mason, Sandifer,
                                   Vaughn, Young and Meacham
Drafted Document Number:           ggs\22006cm.98
Residing Body:                     House
Current Committee:                 Judiciary Committee 25 HJ
Subject:                           Serious child sex offense,
                                   Crimes and Offenses, Minors, abused,
                                   neglected; definition and
                                   penalties

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

House   19980113  Introduced, read first time,             25 HJ
                  referred to Committee
House   19971210  Prefiled, referred to Committee          25 HJ

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1050 SO AS TO DEFINE "SERIOUS CHILD SEX OFFENSE", TO PROVIDE THAT A PERSON CONVICTED OF A SERIOUS CHILD SEX OFFENSE WHO SUBSEQUENTLY ENGAGES IN AN OCCUPATION OR PARTICIPATES IN A VOLUNTEER POSITION THAT REQUIRES HIM TO WORK OR INTERACT WITH CERTAIN CHILDREN IS GUILTY OF A FELONY, TO PROVIDE A PENALTY, AND TO PROVIDE THAT CERTAIN ACTIVITIES CONSTITUTE PRIMA FACIE EVIDENCE THAT A PERSON IS ENGAGED IN AN OCCUPATION OR PARTICIPATES IN A VOLUNTEER POSITION THAT REQUIRES HIM TO WORK OR INTERACT WITH CHILDREN UNDER SIXTEEN YEARS OF AGE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. The 1976 Code is amended by adding:

"Section 16-3-1050. (A) As contained in this section 'serious child sex offense' means the following crimes:

(1) criminal sexual conduct in the first degree (Section16-3-652);

(2) criminal sexual conduct in the second degree (Section16-3-653);

(3) criminal sexual conduct in the third degree (Section 16-3-654);

(4) criminal sexual conduct with minors (Section16-3-655);

(5) attempted criminal sexual conduct (Section16-3-656);

(6) lewd act on a minor (Section16-15-140);

(7) disseminating obscene material to a minor under twelve years of age (Section16-15-385);

(8) sexual exploitation of a minor, first degree (Section16-15-395);

(9) sexual exploitation of a minor, second degree (Section16-15-405);

(10) sexual exploitation of a minor, third degree (Section16-15-410);

(11) promoting prostitution of a minor (Section16-15-415); and

(12) participating in prostitution of a minor (Section16-15-415).

(B) A person convicted of a serious sex offense who subsequently engages in an occupation or participates in a volunteer position that requires him to work or interact primarily and directly with children under sixteen years of age is guilty of a felony and, upon conviction, must be imprisoned not more than twenty years.

(C) Evidence that a person engages in an occupation or participates in a volunteer position in the following areas is prima facie evidence that the occupation or position requires him to work or interact primarily and directly with children under sixteen years of age:

(1) teaching children;

(2) child care;

(3) youth counseling;

(4) youth organizations;

(5) coaching children;

(6) parks or playground recreation; or

(7) school bus driving."

SECTION 2. This act takes effect upon approval by the Governor.