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H. 4383
STATUS INFORMATION
General Bill
Sponsors: Rep. Harrison
Document Path: l:\council\bills\nbd\11978ac06.doc
Introduced in the House on January 10, 2006
Introduced in the Senate on April 26, 2006
Currently residing in the Senate Committee on Judiciary
Summary: Juvenile records
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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1/10/2006 House Introduced and read first time HJ-48
1/10/2006 House Referred to Committee on Judiciary HJ-49
4/19/2006 House Committee report: Favorable Judiciary HJ-43
4/20/2006 Scrivener's error corrected
4/25/2006 House Read second time HJ-49
4/26/2006 House Read third time and sent to Senate HJ-13
4/26/2006 Senate Introduced and read first time SJ-6
4/26/2006 Senate Referred to Committee on Judiciary SJ-6
4/26/2006 Senate Referred to Subcommittee: Ritchie (ch), Rankin, Lourie,
Scott
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
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COMMITTEE REPORT
April 19, 2006
H. 4383
S. Printed 4/19/06--H. [SEC 4/20/06 7:35 PM]
Read the first time January 10, 2006.
To whom was referred a Bill (H. 4383) to amend Section 20-7-8515, as amended, Code of Laws of South Carolina, 1976, relating to the confidentiality, maintenance, and interagency sharing of juvenile records, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass:
JAMES H. HARRISON for Committee.
TO AMEND SECTION 20-7-8515, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFIDENTIALITY, MAINTENANCE, AND INTERAGENCY SHARING OF JUVENILE RECORDS BY LAW ENFORCEMENT AGENCIES AND TO JUVENILE FINGERPRINT RECORDS, SO AS TO INCLUDE THE DEPARTMENT OF SOCIAL SERVICES AMONG THOSE AGENCIES WITH WHOM JUVENILE RECORDS MAY BE SHARED AND TO AUTHORIZE LAW ENFORCEMENT AGENCIES TO FINGERPRINT A CHILD FIFTEEN YEARS OF AGE OR OLDER LIVING IN A FAMILY CHILDCARE HOME TO DETERMINE THE CHILD'S CRIMINAL HISTORY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-7-8515(D), (J), (K), and (L) of the 1976 Code, as amended by Act 388 of 2000, are further amended to read:
"(D) Law enforcement information or records of children created pursuant to the provisions of this article may be shared among law enforcement agencies, solicitors' offices, the Attorney General, the department, the Department of Mental Health, the Department of Corrections, the Department of Social Services, and the Department of Probation, Parole and Pardon Services for criminal justice purposes without a court order.
(J) The fingerprint records of a child adjudicated delinquent for an offense that would carry a maximum term of imprisonment of five years or more if committed by an adult must be provided by the State Law Enforcement Division or the law enforcement agency who took the child into custody to:
(1) a law enforcement agency upon request by that agency for criminal justice purposes or to;
(2) assist the Missing Person Information Center in the location or identification of a missing or runaway child.
(K) The State Law Enforcement Division and all other law enforcement agencies have the authority to fingerprint a child fifteen years of age or older living in a family childcare home to determine the criminal history of the child. Criminal history information determined from the fingerprint review must be provided to the Department of Social Services, upon request, pursuant to Sections 20-7-2850 and 20-7-2860.
(L) The fingerprints and any record created by the South Carolina Law Enforcement Division as a result of the receipt of fingerprints of a child pursuant to this section must not be disclosed for any purpose not specifically authorized by law or court order.
(L)(M) Upon notification that a child has not been adjudicated delinquent for an offense that would carry a maximum term of imprisonment of five years or more if committed by an adult, the South Carolina Law Enforcement Division and the law enforcement agency who took the child into custody must destroy the fingerprints and all records created as a result of such information."
SECTION 2. This act takes effect upon approval by the Governor.
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