H 4362 General Bill, By Hawkins, Bailey, Gamble, Knotts, Leach, Mason, Meacham, 
Sandifer, Vaughn and W.J. Young
 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.

   12/10/97  House  Prefiled
   12/10/97  House  Referred to Committee on Judiciary
   01/13/98  House  Introduced and read first time HJ-29
   01/13/98  House  Referred to Committee on Judiciary HJ-29

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.