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H. 3052
STATUS INFORMATION
General Bill
Sponsors: Reps. Harrison, Vaughn, Leach, E.H. Pitts, Hinson, Mahaffey, Toole, Edge and Whipper
Document Path: l:\council\bills\swb\6164cm05.doc
Introduced in the House on January 11, 2005
Currently residing in the House Committee on Judiciary
Summary: Sex offender who is issued a pardon must remain on the registry
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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12/8/2004 House Prefiled
12/8/2004 House Referred to Committee on Judiciary
1/11/2005 House Introduced and read first time HJ-65
1/11/2005 House Referred to Committee on Judiciary HJ-66
1/26/2005 House Member(s) request name added as sponsor: Edge
2/9/2005 House Member(s) request name added as sponsor: Whipper
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 23-3-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MUST BE REFERRED TO AS SEX OFFENDERS, SO AS TO PROVIDE THAT A SEX OFFENDER WHOSE NAME IS CONTAINED ON THE SEX OFFENDER REGISTRY, AND WHO HAS BEEN GRANTED A PARDON, MUST REMAIN ON THE REGISTRY AND MUST REGISTER ANNUALLY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 23-3-430(E) of the 1976 Code is amended to read:
"(E) SLED shall remove a person's name and any other information concerning that person from the sex offender registry immediately upon notification by the Attorney General that the person's adjudication, conviction, guilty plea, or plea of nolo contendere for an offense listed in Section 23-3-430(C) was reversed, overturned, or vacated on appeal and a final judgment has been rendered. However, an offender whose name is on the registry, and who has been granted a pardon, must remain on the registry and must register annually as required by Section 23-3-460."
SECTION 2. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 3. This act takes effect upon approval by the Governor.
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