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Printed Page 4180, May 23
| Printed Page 4200, May 23
| Rep. WITHERSPOON moved to continue the Bill and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Baxley Breeland Brown, J. Byrd Cato Cooper Dantzler Davenport Delleney Easterday Fleming Harris, J. Howard Hutson Kelley Kinon Kirsh Knotts Koon Law Limbaugh Lloyd Loftis McCraw McKay McTeer Meacham Moody-Lawrence Quinn Robinson Scott Shissias Simrill Smith, R. Spearman Stuart Trotter Vaughn Waldrop Walker Wells White Wilder Witherspoon Wofford Wright
Those who voted in the negative are:
Cain Canty Cobb-Hunter Cotty Cromer Gamble Hallman Harrell Harvin Hodges Jennings Rice Riser Sandifer Stille Whatley Whipper, S.
So, the Bill was continued.
The following Bill was taken up.
Rep. SIMRILL moved to adjourn debate upon the Bill until Tuesday, May 28.
Rep. JENNINGS moved to table the motion, which was agreed to.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PT\2532DW.96).
Amend the bill, as and if amended, page 4, SECTION 1, Section 1-5-40, by adding subsection (D):
/(D) The Secretary may publicize vacancies through newspaper advertisements or legal notices only if no cost to the state is incurred."/
Amend the bill further, by adding the following appropriately numbered SECTION:
/SECTION . Implementation of Section 1-5-40 of the 1976 Code added by this act and its requirements are contingent upon annual appropriations of adequate funding./
Renumber sections to conform.
Amend title to conform.
Rep. LIMBAUGH explained the amendment.
Rep. KIRSH moved to continue the Bill, which was agreed to.
The following Bill was taken up.
S. 95 -- Senators McConnell, Courson, Rose, Gregory and O'Dell: A BILL TO AMEND SECTION 24-13-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXTENDED WORK RELEASE PROGRAM, SO AS TO PROVIDE THAT NO PERSON CONVICTED OF A VIOLENT CRIME AS DEFINED IN SECTION 16-1-60 MAY PARTICIPATE IN THIS PROGRAM; AND TO REPEAL SECTION 24-13-650 WHICH PROHIBITS A PERSON CONVICTED OF
Reps. LIMBAUGH and FLEMING proposed the following Amendment No. 3 (Doc Name P:\amend\PFM\9423AC.96) which was adopted.
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION __. Section 16-11-330 of the 1976 Code, as amended by Act 7 of 1995, is further amended to read:
"Section 16-11-330. (A) A person convicted for the crime of who commits robbery while armed with a pistol, dirk, slingshot, metal knuckles, razor, or other deadly weapon, or while alleging, either by action or words, he was armed while using a representation of a deadly weapon or any object which a person present during the commissino of the robbery reasonably believed to be a deadly weapon, is guilty of a felony and, upon conviction, must be imprisoned for a mandatory minimum term of not less than ten years nor or more than thirty years, no part of which may be suspended or probation granted. A person convicted under the provisions of this subsection is not eligible for parole until he the person has served at least seven years of his the sentence.
(1) A person under the age of twenty-one sentenced under the provisions of Chapter 19 of Title 24 (Youthful Offenders Act) convicted of armed robbery shall receive and serve a minimum sentence of at least three years, no part of which may be suspended. The person is not eligible for parole or probation until he has served a three-year minimum sentence.
(2) A person between the ages of twenty-one and twenty-five, who is convicted of armed robbery, may not be sentenced under the provisions of Chapter 19 of Title 24 (Youthful Offenders Act).
(B) A person convicted for who commits attempted robbery while armed with a pistol, dirk, slingshot, metal knuckles, razor, or other deadly weapon, or while alleging, either by action or words, he was armed while using a representation of a deadly weapon or any object which a person present during the commissino of the robbery reasonably believed to be a deadly weapon, is guilty of a felony and, upon conviction, must be imprisoned not more than twenty years."
SECTION __. Section 20-7-2170(E) of the 1976 Code, as amended by Act 83 of 1995, is further amended to read:
"(E) A juvenile committed to the Department of Juvenile Justice following an adjudication for a violent offense contained in Section
(F) Notwithstanding the above provision, A juvenile committed as an adult offender by order of the Court of General Sessions shall must be considered for parole or other release according to the laws pertaining to release of adult offenders."
SECTION __. Section 20-7-2195 of the 1976 Code, as amended by Act 181 of 1993, is further amended to read:
"Section 20-7-2195. (A) The Department of Juvenile Justice, when authorized by an order of any a circuit judge, shall, after notice to the Department of Corrections, temporarily shall transfer temporarily to the custody of the Youthful Offender Division any a child who has been committed to the custody of the department who is more than seventeen years of age and whose presence in such the custody of the Department of Juvenile Justice appears to be seriously detrimental to the welfare of others in such custody. The director of the Department of Corrections shall receive such these children as may be transferred thereto as herein provided and properly care for them. Each child thus transferred to the Youthful Offender Division shall be held therein there, is subject to all the rules and discipline of the division. Children transferred to the Youthful Offender Division pursuant to this section shall are under the authority of the division and but are subject to release according to the division's policies and procedures by the Board of Juvenile Parole.
(B) The Youthful Offender Division shall at least quarterly shall make recommendations to the parole board concerning possible release of each child so transferred to the department or his the child's return to institutions of the Department of Juvenile Justice."
SECTION __. Section 24-19-10(d) of the 1976 Code, as last amended by Act 7 of 1995, is further amended to read:
"(d) )`Youthful offender' means an offender who is:
(i) under seventeen years of age and has been bound over for proper criminal proceedings to the court of general sessions pursuant to Section 20-7-430, who is sixteen years of age and has been charged with
(ii) who is seventeen but less than twenty-five years of age at the time of conviction for an offense that is not a violent crime, as defined in Section 16-1-60, and that is a misdemeanor, a Class E or F felony or a felony which provides for a maximum term of imprisonment of fifteen years or less."
SECTION __. Section 24-19-50 of the 1976 Code is amended to read:
"Section 24-19-50. In the event of a conviction of a youthful offender the court may:
(a)(1) suspend the sentence and place the youthful offender on probation.;
(b)(2) release the youthful offender to the custody of the division prior to before sentencing for an observation and evaluation period of not more than sixty days. The observation and evaluation will must be conducted by the Reception and Evaluation Center operating under joint agreement between the Department of Vocational Rehabilitation and the Department of Corrections and the findings, along with and recommendations for sentencing, shall must be returned with the youthful offender to the court for sentencing.;
(c)(3) if the offender is under the age of twenty-one, without his consent, sentence the youthful offender indefinitely to the custody of the department for treatment and supervision pursuant to this chapter until discharged by the division, the period of such custody not to be in excess of exceed six years. If the offender is twenty-one years of age but less than twenty-five years of age, he may be sentenced in accordance with the above procedure this item if he consents thereto in writing. No youthful offender shall be sentenced more than twice under the provisions of this chapter.;
(d)(4)if the court shall find finds that the youthful offender will not derive benefit from treatment, then the court may sentence the youthful offender under any other applicable penalty provision. The youthful offender shall must be placed in the custody of the department.;
(5) not sentence a youthful offender more than once under this chapter."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. SCOTT raised the Point of Order that Amendment No. 3 was out of order as it was not germane.
Rep. LIMBAUGH argued contra the Point in stating that the Bill dealt with extended work release involving the Department of Corrections and the amendment changed the eligibility for youth offender sentencing.
Rep. SCOTT continued to argue contra the Point in stating that the amendment was different from the Bill in terms of criteria for those who are considered to be youthful offenders.
The SPEAKER stated that since Amendment No. 2 had been adopted and adding all of the statutes in Amendment No. 3, then it was germane and he overruled the Point of Order.
The amendment was then adopted.
Rep. LIMBAUGH proposed the following Amendment No. 4 (Doc Name P:\amend\PFM\9438DW.96), which was ruled out of order.
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION __. Article 7, Chapter 3, Title 23 of the 1976 Code, as added by Act 497 of 1994, is amended to read:
Section 23-3-400. The intent of this article is to promote the state's fundamental right to provide for public health, welfare, and safety of its citizens. Notwithstanding this legitimate state purpose, these provisions are not intended to violate the guaranteed constitutional rights of those who have violated our nation's laws.
The sex offender registry will provide law enforcement with the tools needed in investigating criminal offenses. Statistics show that sex offenders often pose a high risk of re-offending. Additionally, law enforcement's efforts to protect communities, conduct investigations, and apprehend offenders who commit sex offenses, are impaired by the lack of information about these convicted offenders who live within the law enforcement agency's jurisdiction.
Section 23-3-410. The registry is under the direction of the chief of the State Law Enforcement Division (SLED) and may be organized and structured in a manner as shall contain information the chief considers appropriate to ensure the availability of information regarding necessary
Section 23-3-420. The State Law Enforcement Division shall promulgate regulations prescribing:
(1) procedures for accepting and disseminating information maintained;
(2) the confidentiality of the data and information maintained in the registry;
(3) the proper disposition of all obsolete data;
(4) forms necessary for the efficient and proper operation of the registry to implement the provisions of this article.
Section 23-3-430. (A) Any person, regardless of age, residing in the State of South Carolina who has been convicted, adjudicated delinquent, pled guilty or nolo contendere in this State, of an offense described below or who has been convicted, adjudicated delinquent, pled guilty or nolo contendere in any comparable court in the United States, or who has been convicted, adjudicated delinquent, pled guilty or nolo contendere in the United States federal courts, of the offenses described below or of a similar offenses in other jurisdictions offense, or who has been convicted of, adjudicated delinquent of, pled guilty or nolo contendere to an offense for which the person was required to register in the state where the conviction or plea occurred shall be required to register pursuant to the provisions of this Article article.
(B) For purposes of this article, a person who remains in this State for a total of thirty days during a twelve-month period is a resident of this State.
(C) For purposes of this article, a person convicted of any of these the following offenses shall be referred to as an offender.:
(1) criminal sexual conduct in the first degree (Section 16-3-652);
(2) criminal sexual conduct in the second degree (Section 16-3-653);
(3) criminal sexual conduct in the third degree (Section 16-3-654);
(4) criminal sexual conduct with minors, first degree (Section 16-3-655(1));
(5) criminal sexual conduct with minors, second degree. If evidence is presented at the criminal proceeding and the court makes a specific finding on the record that the conviction obtained for this offense resulted from consensual sexual conduct, as contained in Section 16-3-655(3), or
(5)(6) engaging a child for sexual performance (Section 16-3-810);
(6)(7) producing, directing, or promoting sexual performance by a child (Section 16-3-820);
(7)(8) criminal sexual conduct: assaults with intent to commit (Section 16-3-656);
(8)(9) kidnapping (Section 16-3-910);
(9)(10) incest (Section 16-15-20);
(10)(11) buggery (Section 16-15-120);
(11) indecent exposure (Section 16-15-130);
(12) committing or attempting lewd act upon child under fourteen (Section 16-15-140);
(13) eavesdropping or peeping (Section 16-17-470);
(14) conspiracy to kidnap (Section 16-3-920);
(15)14 violations of Article 3, Chapter 15 of Title 16 involving a minor which violations are felonies.
(15) A person, regardless of age, who has been convicted, pled guilty or nolo contendere in this State, or who has been convicted, pled guilty or nolo contendere in a comparable court in the United States, or who has been convicted, pled guilty or nolo contendere in the United States federal courts of indecent exposure or of a similar offense in other jurisdictions is required to register pursuant to the provisions of this article if the court makes a specific finding on the record that based on the circumstances of the case the convicted person should register as a sex offender.
(D) Upon conviction, adjudication of delinquency, guilty plea or plea of nolo contendere of a person of an offense not listed in this article, the presiding judge may order as a condition of sentencing that the person be included in the sex offender registry if good cause is shown by the solicitor.
Section 23-3-440. (1) Prior to an offender's release from the Department of Corrections after completion of the term of imprisonment, or being placed on parole, the Department of Corrections or the Department of Probation, Parole, and Pardon Services, as applicable, shall notify the sheriff of the county where the offender intends to reside and SLED that the offender is being released and has provided an address within the jurisdiction of the sheriff for that county. The Department of Corrections shall provide verbal and written notification to the offender that he must register with the sheriff of the county in which he intends to reside within twenty-four hours of his release. Further, the Department
(2) The Department of Probation, Parole, and Pardon Services shall notify SLED and the sheriff of the county where an offender is residing when the offender is sentenced to probation or is a new resident of the State who must be supervised by the department. The Department of Probation, Parole, and Pardon Services also shall provide verbal and written notification to the offender that he must register with the sheriff of the county in which he intends to reside. An offender who is sentenced to probation must register within ten days of sentencing. Further, the Department of Probation, Parole, and Pardon Services shall obtain descriptive information of the offender, including a current photograph that is to be updated annually prior to expiration of the probation sentence.
(3) The Department of Juvenile Justice shall notify SLED and the sheriff of the county where an offender is residing when the offender is released from a Department of Juvenile Justice facility or when the Department of Juvenile Justice is required to supervise the actions of the juvenile. The Department of Juvenile Justice must provide verbal and written notification to the juvenile and his parent, legal guardian, or custodian that the juvenile must register with the sheriff of the county in which the juvenile resides. The juvenile must register within twenty-four hours of his release or within ten days if he was not confined to a Department of Juvenile Justice's facility.
(4) The Department of Corrections, the Department of Probation, Parole, and Pardon Services, and the Department of Juvenile Justice shall provide to SLED the initial registry information regarding the offender prior to his release from imprisonment or relief of supervision. This information shall be collected in the event the offender fails to register with his county sheriff.
Section 23-3-450. The offender shall register with the sheriff of the county in which he resides. To register, the offender must provide information as prescribed by the SLED. The county sheriff shall then forward to SLED the registry information and any updated information regarding the offender. A copy of this information must be kept by the sheriff's department. The county sheriff shall ensure that all information required by SLED is secured and shall establish specific times of the day during which an offender may register. An offender shall not be considered to have registered until all information prescribed by SLED has been obtained.
If any person required to register under this article changes his address within the same county, that person must send written notice of the change of address to the county sheriff within ten days of establishing the new residence.
If any person required to register under this article changes his address into another county in South Carolina, the person must register with the county sheriff in the new county within ten days of establishing the new residence. The person must also provide written notice within ten days of the change of address in the previous county to the county sheriff with whom the person last registered.
If any person required to register under this article moves outside of South Carolina, the person must provide written notice within ten days of the change of address to a new state to the county sheriff with whom the person last registered.
If any Any person required to register under this article who moves to South Carolina from another state and is not under the jurisdiction of the State Department of Corrections, the State Department of Probation, and Parole, and Pardon Services, or the Department of Juvenile Justice at the time of moving to South Carolina, must register within sixty days of establishing residence, or re-establishing residence, if the person is a former South Carolina resident in this State.
The South Carolina Department of Motor Vehicles Public Safety, Division of Motor Vehicles, shall inform, in writing to, any new resident who applies for a drivers driver's license, a chauffeur's license, vehicle tag, or a state identification card of the obligation of those offenders to register.
Section 23-3-470. (A) It is the duty of the offender to contact the sheriff in order to register. The failure of If an offender fails to register as required by this article, is a felony and, upon conviction, the offender he must be: punished as provided in subsection (B).
(1) fined one thousand dollars and sentenced to a mandatory ninety days in jail for a first or second offense. In no event does the court have the power to absolve a person who willfully violates this section; and
(2) sentenced to a mandatory one year not to exceed five years imprisonment and may be fined one thousand dollars for a third or subsequent offense. In no event does the court have the power to absolve a person who willfully violates this section from the obligation of serving at least one year of imprisonment.
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