Senator Devine proposes the following amendment (SMIN-28.MW0003S):

Amend the bill, as and if amended, SECTION 1, by striking Section 16-15-390(F) and inserting:

 (F) This section does not apply to an employee of a law enforcement agency, including the State Law Enforcement Division, a prosecuting agency, including the South Carolina Attorney General's Office, the defendant's counsel, or the South Carolina Department of Corrections, who, while acting within the employee's official capacity in the course of an investigation or criminal proceeding, is in possession of material that contains a visual representation of a minor engaging in sexual activity or appearing in a state of sexually explicit nudity when a reasonable person would infer the purpose is sexual stimulation. An employee's official capacity in the course of such investigation or criminal proceeding includes making materials available for inspection to the defendant's counsel in response to discovery requests.

Renumber sections to conform.

Amend title to conform.