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A289, R324, H4202
STATUS INFORMATION
General Bill
Sponsors: Reps. Mitchell, Long, Dillard, Cobb-Hunter and Sellers
Document Path: l:\council\bills\ms\7440ahb10.docx
Introduced in the House on January 12, 2010
Introduced in the Senate on April 20, 2010
Last Amended on June 2, 2010
Passed by the General Assembly on June 3, 2010
Governor's Action: June 11, 2010, Signed
Summary: Trafficking in persons
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 11/17/2009 House Prefiled 11/17/2009 House Referred to Committee on Judiciary 1/12/2010 House Introduced and read first time HJ-29 1/12/2010 House Referred to Committee on Judiciary HJ-29 1/13/2010 House Member(s) request name added as sponsor: Dillard 1/20/2010 House Member(s) request name added as sponsor: Cobb-Hunter 3/24/2010 House Committee report: Favorable with amendment Judiciary HJ-26 4/13/2010 House Member(s) request name added as sponsor: Sellers 4/15/2010 House Amended HJ-40 4/15/2010 House Read second time HJ-41 4/15/2010 House Unanimous consent for third reading on next legislative day HJ-41 4/16/2010 House Read third time and sent to Senate HJ-2 4/20/2010 Senate Introduced and read first time SJ-5 4/20/2010 Senate Referred to Committee on Judiciary SJ-5 4/28/2010 Senate Referred to Subcommittee: Knotts (ch), Massey, Coleman 5/19/2010 Senate Committee report: Favorable with amendment Judiciary SJ-32 5/20/2010 Senate Committee Amendment Adopted SJ-53 5/24/2010 Scrivener's error corrected 6/2/2010 Senate Amended SJ-130 6/2/2010 Senate Read second time SJ-130 6/3/2010 Senate Read third time and returned to House with amendments 6/3/2010 House Concurred in Senate amendment and enrolled HJ-41 6/3/2010 House Roll call Yeas-102 Nays-0 HJ-41 6/7/2010 Ratified R 324 6/11/2010 Signed By Governor 7/19/2010 Effective date 06/11/10 7/21/2010 Act No. 289
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
11/17/2009
3/24/2010
4/15/2010
5/19/2010
5/20/2010
5/24/2010
6/2/2010
(A289, R324, H4202)
AN ACT TO AMEND SECTION 16-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLENT CRIMES, SO AS TO ADD CERTAIN OFFENSES TO THE LIST OF VIOLENT CRIMES INCLUDING TRAFFICKING IN PERSONS; TO AMEND SECTION 16-1-90, RELATING TO CRIME CLASSIFICATION, SO AS TO ADD TRAFFICKING IN PERSONS TO THE LIST OF CLASS A FELONIES AND TO DELETE SECTION 16-3-930 FROM THE LIST OF CLASS D FELONIES; TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO MURDER, SO AS TO ADD TRAFFICKING IN PERSONS TO THE LIST OF STATUTORY AGGRAVATING CIRCUMSTANCES FOR WHICH A PERSON MAY RECEIVE THE DEATH PENALTY; TO AMEND SECTION 16-3-652 AND SECTION 16-3-655, AS AMENDED, RELATING TO CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE AND CRIMINAL SEXUAL CONDUCT WITH A MINOR, RESPECTIVELY, BOTH SO AS TO ADD TRAFFICKING IN PERSONS TO THE PURVIEW OF THE STATUTE; TO AMEND SECTION 17-25-45, AS AMENDED, RELATING TO TWO STRIKES/THREE STRIKES FOR REPEAT OFFENDERS OF MOST SERIOUS AND SERIOUS OFFENSES, SO AS TO ADD CERTAIN CRIMES TO THE DELINEATED LIST OF MOST SERIOUS OFFENSES INCLUDING TRAFFICKING IN PERSONS; TO AMEND SECTION 23-3-430, AS AMENDED, AND SECTION 23-3-490, RELATING TO THE SEX OFFENDER REGISTRY AND PUBLIC INSPECTION OF THE SEX OFFENDER REGISTRY, RESPECTIVELY, BOTH SO AS TO ADD TRAFFICKING IN PERSONS TO THE DELINEATED LIST OF OFFENSES UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 23-3-535 AND SECTION 23-3-540, BOTH AS AMENDED, RELATING TO LIMITATIONS ON SEX OFFENDERS AND ELECTRONIC MONITORING OF SEX OFFENDERS, RESPECTIVELY, BOTH SO AS TO ADD TRAFFICKING IN PERSONS TO THE DELINEATED LIST OF OFFENSES UNDER CERTAIN CIRCUMSTANCES; AND TO AMEND SECTION 44-53-370, AS AMENDED, RELATING TO DISTRIBUTION AND TRAFFICKING IN CERTAIN DRUGS, SO AS TO ADD TRAFFICKING IN PERSONS TO THE DELINEATED LIST OF OFFENSES.
Be it enacted by the General Assembly of the State of South Carolina:
Violent crimes, additional crimes added, trafficking in persons
SECTION 1. Section 16-1-60 of the 1976 Code is amended to read:
"Section 16-1-60. For purposes of definition under South Carolina law, a violent crime includes the offenses of: murder (Section 16-3-10); attempted murder (Section 16-3-29); assault and battery by mob, first degree, resulting in death (Section 16-3-210(B)), criminal sexual conduct in the first and second degree (Sections 16-3-652 and 16-3-653); criminal sexual conduct with minors, first and second degree (Section 16-3-655); assault with intent to commit criminal sexual conduct, first and second degree (Section 16-3-656); assault and battery with intent to kill (Section 16-3-620); assault and battery of a high and aggravated nature (Section 16-3-600(B)); kidnapping (Section 16-3-910); trafficking in persons (Section 16-3-930); voluntary manslaughter (Section 16-3-50); armed robbery (Section 16-11-330(A)); attempted armed robbery (Section 16-11-330(B)); carjacking (Section 16-3-1075); drug trafficking as defined in Section 44-53-370(e) or trafficking cocaine base as defined in Section 44-53-375(C); manufacturing or trafficking methamphetamine as defined in Section 44-53-375; arson in the first degree (Section 16-11-110(A)); arson in the second degree (Section 16-11-110(B)); burglary in the first degree (Section 16-11-311); burglary in the second degree (Section 16-11-312(B)); engaging a child for a sexual performance (Section 16-3-810); homicide by child abuse (Section 16-3-85(A)(1)); aiding and abetting homicide by child abuse (Section 16-3-85(A)(2)); inflicting great bodily injury upon a child (Section 16-3-95(A)); allowing great bodily injury to be inflicted upon a child (Section 16-3-95(B)); criminal domestic violence of a high and aggravated nature (Section 16-25-65); abuse or neglect of a vulnerable adult resulting in death (Section 43-35-85(F)); abuse or neglect of a vulnerable adult resulting in great bodily injury (Section 43-35-85(E)); taking of a hostage by an inmate (Section 24-13-450); detonating a destructive device upon the capitol grounds resulting in death with malice (Section 10-33-325(B)(1)); spousal sexual battery (Section 16-3-615); producing, directing, or promoting sexual performance by a child (Section 16-3-820); lewd act upon a child under sixteen (Section 16-15-140); sexual exploitation of a minor first degree (Section 16-15-395); sexual exploitation of a minor second degree (Section 16-15-405); promoting prostitution of a minor (Section 16-15-415); participating in prostitution of a minor (Section 16-15-425); aggravated voyeurism (Section 16-17-470(C)); detonating a destructive device resulting in death with malice (Section 16-23-720(A)(1)); detonating a destructive device resulting in death without malice (Section 16-23-720(A)(2)); boating under the influence resulting in death (Section 50-21-113(A)(2)); vessel operator's failure to render assistance resulting in death (Section 50-21-130(A)(3)); damaging an airport facility or removing equipment resulting in death (Section 55-1-30(3)); failure to stop when signaled by a law enforcement vehicle resulting in death (Section 56-5-750(C)(2)); interference with traffic-control devices, railroad signs, or signals resulting in death (Section 56-5-1030(B)(3)); hit and run resulting in death (Section 56-5-1210(A)(3)); felony driving under the influence or felony driving with an unlawful alcohol concentration resulting in death (Section 56-5-2945(A)(2)); putting destructive or injurious materials on a highway resulting in death (Section 57-7-20(D)); obstruction of a railroad resulting in death (Section 58-17-4090); accessory before the fact to commit any of the above offenses (Section 16-1-40); and attempt to commit any of the above offenses (Section 16-1-80). Only those offenses specifically enumerated in this section are considered violent offenses."
Crime classification, Class A felonies, trafficking in persons added
SECTION 2. Section 16-1-90(A) of the 1976 Code is amended to read:
"(A) The following offenses are Class A felonies and the maximum terms established for a Class A felony, as set forth in Section 16-1-20(A), apply:
10-11-325(B)(2) Detonating an explosive or destructive device or
igniting an incendiary device upon the capitol
grounds or within the capitol building resulting
in death to a person where there was not malice aforethought
16-3-50 Manslaughter--voluntary
16-3-652 Criminal sexual conduct
First degree
16-3-655(C)(2) Criminal sexual conduct, 1st degree, with
minor less than sixteen
Second offense
16-3-656 Assault with intent to commit criminal sexual
conduct
First degree
16-3-658 Criminal sexual conduct where victim is legal
spouse (separated)
First degree
16-3-910 Kidnapping
16-3-920 Conspiracy to commit kidnapping
16-3-930 Trafficking in persons
16-3-1075(B)(2) Carjacking (great bodily injury)
16-11-110(A) Arson in the first degree
16-11-330(A) Robbery while armed with a deadly weapon
16-11-380(A) Entering bank with intent to steal money,
securities for money, or property, by force,
intimidation, or threats
16-11-390 Safecracking
16-11-532(D)(2) Injuring real property when illegally
obtaining nonferrous metals and the act results
in the death of a person
16-23-720(A)(2) Detonating a destructive device or causing
an explosion, or intentionally aiding,
counseling, or procuring an explosion by
means of detonation of a destructive device
which results in the death of a person where
there was not malice aforethought
24-13-450 Taking of a hostage by an inmate
43-35-85(F), Abuse or neglect of a vulnerable
16-3-1050(F) adult resulting in death
44-53-370 Prohibited Acts A, penalties (b)(1) (narcotic
drugs in Schedule I(b) and (c), LSD, and
Schedule II)
Second, Third, or subsequent offense
44-53-370(e)(2)(a)2 Prohibited Acts A, penalties (trafficking in
cocaine, 10 grams or more but less than 28
grams)
Second offense
44-53-370(e)(2)(b)2 Prohibited Acts, penalties (trafficking in
cocaine, 28 grams or more but less than 100
grams)
Second offense
44-53-370(e)(5)(a)2 Prohibited Acts, penalties (trafficking in
LSD, 100 dosage units or more but less than
500 dosage units)
Second offense
44-53-370(e)(5)(b)2 Prohibited Acts, penalties (trafficking in
LSD, 500 dosage units or more but less than
1,000 dosage units)
Second offense
44-53-370(e)(5)(a)3 Prohibited Acts, penalties (trafficking in
LSD, 100 dosage units or more, but less than 500 dosage units)
Third or subsequent offense
44-53-370(e)(5)(b)3 Prohibited Acts, penalties (trafficking in
LSD, 500 dosage units or more, but less than
1,000 dosage units)
Third or subsequent offense
44-53-370(e)(6)(d) Prohibited Acts, penalties (trafficking in
flunitrazepam, 5 kilograms or more)
44-53-370(e)(8)(a)(ii) Trafficking in MDMA or ecstasy, 100
dosage units but less than 500
Second offense
44-53-370(e)(8)(a)(iii) Trafficking in MDMA or ecstasy,
100 dosage units but less than 500
Third or subsequent offense
44-53-370(e)(8)(b)(ii) Trafficking in MDMA or ecstasy, 100
dosage units but less than 1000
Third or subsequent offense
44-53-370(e)(8)(b)(iii) Trafficking in MDMA or ecstasy, 100
dosage units but less than 1000
Third or subsequent offense
44-53-370(g)(1)(b) Prohibited Acts A, penalties (distribution
of narcotic drugs in Schedule I (b) and (c),
LSD, and Schedule II with intent to commit
a crime)
Second offense
44-53-370(g)(1)(c) Prohibited Acts A, penalties (distribution
of narcotic drugs in Schedule I (b) and (c), LSD,
and Schedule II with intent to
commit a crime)
Third or subsequent offense
44-53-375(B)(2) Manufacture, distribution of methamphetamine
or cocaine base Second offense
44-53-375(B)(3) Manufacture, distribution, etc.,
methamphetamine, or cocaine base
Third or subsequent offense
44-53-375(C)(1)(b) Trafficking in ice, crank, or crack cocaine
(10 grams or more but less than 28 grams)
Second offense
44-53-375(C)(2)(b) Trafficking in ice, crank, or crack cocaine
(28 grams or more but less than 100 grams)
Second offense
55-1-30(3) Unlawful removing or damaging of airport
facility or equipment when death results
56-5-1030(B)(3) Interference with traffic-control devices or
railroad signs or signals prohibited when
death results from violation
58-17-4090 Penalty for obstruction of railroad"
Crime classification, Class D felonies, Section 16-3-930 deleted
SECTION 3. Section 16-1-90(D) of the 1976 Code is amended to read:
"(D) The following offenses are Class D felonies and the maximum terms established for a Class D felony, as set forth in Section 16-1-20(A), apply:
10-11-325(A) Possessing, having readily accessible, or
transporting onto the capitol grounds or
within he capitol building an explosive,
destructive, or incendiary device
16-1-55 Accessory after the fact of a Class A, B, or C
Felony
16-3-1090(B) Assist another person in committing suicide
16-3-1730(C) Stalking within ten years of a conviction of
harassment or stalking
16-11-312 Burglary--second degree
16-11-325 Common law robbery
16-11-525(D)(1) Injuring real property when illegally
obtaining nonferrous metals and the act
results in great bodily injury to person
16-15-140 Committing or attempting lewd act upon child
under sixteen
16-15-355 Disseminating obscene material to a minor
twelve years or younger
16-23-720(C) Possessing, manufacturing, transporting,
distributing, possessing with the intent to
distribute any explosive device, substance,
or material configured to damage, injure, or
kill a person, or possessing materials which
when assembled constitute a destructive device
16-23-720(D) Threaten by means of a destructive weapon
16-23-720(E) Harboring one known to have violated
provisions relating to bombs, weapons of
mass destruction, and destructive devises
16-23-730 Communicating or transmitting to a person that
a hoax device or replica is a destructive device
or detonator with intent to intimidate or threaten
injury, obtain property, or interfere with the
ability of a person or government to conduct its
affairs
16-23-750 Communicating or aiding and abetting the
communication of a threat or conveying false
information concerning an attempt to kill,
injure, or intimidate a person or damage
property or destroy by means of an explosive,
incendiary, or destructive device
Second or subsequent offense
24-3-210 Furloughs for qualified inmates of state
prison system--Failure to return (See Section
24-13-410)
24-13-410(B) Escaping or attempting to escape from prison or
possessing tools or weapons used to escape
24-13-470 Inmate throwing bodily fluids on a correctional
facility employee
43-35-85(B) Abusing or neglecting a vulnerable adult that
results in great bodily injury
43-35-85(D), Abuse or neglect of a vulnerable adult resulting
16-3-1050(E) in great bodily injury
44-53-370(b)(1) Prohibited Acts A, penalties (narcotic drugs in
Schedule I (b) and (c), LSD, and Schedule II)
First offense
44-53-370 Prohibited Acts A, penalties (g)(2)(a)
(distribution of controlled substances with
intent to commit a crime) First offense
44-53-375(B)(1) Manufacture, distribution, etc.,
methamphetamine or cocaine
First offense
44-53-445(B)(2) Distribution, manufacture, sale, or possession
of crack cocaine within proximity of a school
44-53-577 Unlawful to hire, solicit, direct a person under
seventeen years of age to transport, conceal, or conduct
financial transaction relating to unlawful drug
activity
50-21-113(A)(1) Operating a moving water device while under
the influence of alcohol or drugs where great
bodily injury results
56-5-2945(A)(1) Causing great bodily injury by operating vehicle while under influence of drugs or alcohol"
Murder, aggravating circumstances, trafficking in persons added
SECTION 4. Section 16-3-20(C)(a)(1) of the 1976 Code, as last amended by Act 101 of 2007, is further amended to read:
"(C) The judge shall consider, or he shall include in his instructions to the jury for it to consider, mitigating circumstances otherwise authorized or allowed by law and the following statutory aggravating and mitigating circumstances which may be supported by the evidence:
(a) Statutory aggravating circumstances:
(1) The murder was committed while in the commission of the following crimes or acts:
(a) criminal sexual conduct in any degree;
(b) kidnapping;
(c) trafficking in persons;
(d) burglary in any degree;
(e) robbery while armed with a deadly weapon;
(f) larceny with use of a deadly weapon;
(g) killing by poison;
(h) drug trafficking as defined in Section 44-53-370(e), 44-53-375(B), 44-53-440, or 44-53-445;
(i) physical torture;
(j) dismemberment of a person; or
(k) arson in the first degree as defined in Section 16-11-110(A)."
Criminal sexual conduct in the first degree, trafficking in persons added
SECTION 5. Section 16-3-652(1)(b) of the 1976 Code is amended to read:
"(1) A person is guilty of criminal sexual conduct in the first degree if the actor engages in sexual battery with the victim and if any one or more of the following circumstances are proven:
(a) The actor uses aggravated force to accomplish sexual battery.
(b) The victim submits to sexual battery by the actor under circumstances where the victim is also the victim of forcible confinement, kidnapping, trafficking in persons, robbery, extortion, burglary, housebreaking, or any other similar offense or act."
Criminal sexual conduct with a minor, aggravating circumstances, trafficking in persons added
SECTION 6. Section 16-3-655(D)(2)(a) of the 1976 Code, as last amended by Act 346 of 2006, is further amended to read:
"(2) In sentencing a person, upon conviction or adjudication of guilt of a defendant pursuant to this section, the judge shall consider, or he shall include in his instructions to the jury for it to consider, mitigating circumstances otherwise authorized or allowed by law and the following statutory aggravating and mitigating circumstances which may be supported by the evidence:
(a) Statutory aggravating circumstances:
(i) The victim's resistance was overcome by force.
(ii) The victim was prevented from resisting the act because the actor was armed with a dangerous weapon.
(iii) The victim was prevented from resisting the act by threats of great and immediate bodily harm, accompanied by an apparent power to inflict bodily harm.
(iv) The victim is prevented from resisting the act because the victim suffers from a physical or mental infirmity preventing his resistance.
(v) The crime was committed by a person with a prior conviction for murder.
(vi) The offender committed the crime for himself or another for the purpose of receiving money or a thing of monetary value.
(vii) The offender caused or directed another to commit the crime or committed the crime as an agent or employee of another person.
(viii) The crime was committed against two or more persons by the defendant by one act, or pursuant to one scheme, or course of conduct.
(ix) The crime was committed during the commission of burglary in any degree, kidnapping, or trafficking in persons."
Two strikes/three strikes for certain offenses, trafficking in persons added to the most serious offense list
SECTION 7. Section 17-25-45(C) of the 1976 Code is amended to read:
"(C) As used in this section:
(1) 'Most serious offense' means:
16-1-40 Accessory, for any offense enumerated in this item
16-1-80 Attempt, for any offense enumerated in this item
16-3-10 Murder
16-3-29 Attempted Murder
16-3-50 Voluntary manslaughter
16-3-85(A)(1) Homicide by child abuse
16-3-85(A)(2) Aiding and abetting homicide by child abuse
16-3-210 Lynching, First degree
16-3-210(B) Assault and battery by mob, First degree
16-3-620 Assault and battery with intent to kill
16-3-652 Criminal sexual conduct, First degree
16-3-653 Criminal sexual conduct, Second degree
16-3-655 Criminal sexual conduct with minors, except where evidence presented at the criminal proceeding and the court, after the conviction, makes a specific finding on the record that the conviction obtained for this offense resulted from consensual sexual conduct where the victim was younger than the actor, as contained in Section 16-3-655(3)
16-3-656 Assault with intent to commit criminal sexual conduct, First and Second degree
16-3-910 Kidnapping
16-3-920 Conspiracy to commit kidnapping
16-3-930 Trafficking in persons
16-3-1075 Carjacking
16-11-110(A) Arson, First degree
16-11-311 Burglary, First degree
16-11-330(A) Armed robbery
16-11-330(B) Attempted armed robbery
16-11-540 Damaging or destroying building, vehicle, or other property by means of explosive incendiary, death results
24-13-450 Taking of a hostage by an inmate
25-7-30 Giving information respecting national or state defense to foreign contacts during war
25-7-40 Gathering information for an enemy
43-35-85(F) Abuse or neglect of a vulnerable adult resulting in death
55-1-30(3) Unlawful removing or damaging of airport facility or equipment when death results
56-5-1030(B)(3) Interference with traffic-control devices or railroad signs or signals prohibited when death results from violation
58-17-4090 Obstruction of railroad, death results.
(2) 'Serious offense' means:
(a) any offense which is punishable by a maximum term of imprisonment for thirty years or more which is not referenced in subsection (C)(1);
(b) those felonies enumerated as follows:
16-3-220 Lynching, Second degree
16-3-210(C) Assault and battery by mob, Second degree
16-3-600(B) Assault and battery of a high and aggravated nature
16-3-810 Engaging child for sexual performance
16-9-220 Acceptance of bribes by officers
16-9-290 Accepting bribes for purpose of procuring public office
16-11-110(B) Arson, Second degree
16-11-312(B) Burglary, Second degree
16-11-380(B) Theft of a person using an automated teller machine
16-13-210(1) Embezzlement of public funds
16-13-230(B)(3) Breach of trust with fraudulent intent
16-13-240(1) Obtaining signature or property by false pretenses
38-55-540(3) Insurance fraud
44-53-370(e) Trafficking in controlled substances
44-53-375(C) Trafficking in ice, crank, or crack cocaine
44-53-445(B)(1)&(2) Distribute, sell, manufacture, or possess with intent to distribute controlled substances within proximity of school
56-5-2945 Causing death by operating vehicle while under influence of drugs or alcohol; and
(c) the offenses enumerated below:
16-1-40 Accessory before the fact for any of the offenses listed in subitems (a) and (b)
16-1-80 Attempt to commit any of the offenses listed in subitems (a) and (b)
43-35-85(E) Abuse or neglect of a vulnerable adult resulting in great bodily injury.
(3) 'Conviction' means any conviction, guilty plea, or plea of nolo contendere."
Sex offender registry, trafficking in persons added
SECTION 8. Section 23-3-430(C) of the 1976 Code is amended to read:
"(C) For purposes of this article, a person who has been convicted of, pled guilty or nolo contendere to, or been adjudicated delinquent for any of 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) provided the offender is eighteen years of age or less, or consensual sexual conduct between persons under sixteen years of age, the convicted person is not an offender and is not required to register pursuant to the provisions of this article;
(6) engaging a child for sexual performance (Section 16-3-810);
(7) producing, directing, or promoting sexual performance by a child (Section 16-3-820);
(8) criminal sexual conduct: assaults with intent to commit (Section 16-3-656);
(9) incest (Section 16-15-20);
(10) buggery (Section 16-15-120);
(11) committing or attempting lewd act upon child under sixteen (Section 16-15-140);
(12) peeping, voyeurism, or aggravated voyeurism (Section 16-17-470);
(13) violations of Article 3, Chapter 15 of Title 16 involving a minor;
(14) a person, regardless of age, who has been convicted, adjudicated delinquent, pled guilty or nolo contendere in this State, or who has been convicted, adjudicated delinquent, pled guilty or nolo contendere in a 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 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;
(15) kidnapping (Section 16-3-910) of a person eighteen years of age or older except when the court makes a finding on the record that the offense did not include a criminal sexual offense or an attempted criminal sexual offense;
(16) kidnapping (Section 16-3-910) of a person under eighteen years of age except when the offense is committed by a parent;
(17) trafficking in persons (Section 16-3-930) except when the court makes a finding on the record that the offense did not include a criminal sexual offense or an attempted criminal sexual offense;
(18) criminal sexual conduct when the victim is a spouse (Section 16-3-658);
(19) sexual battery of a spouse (Section 16-3-615);
(20) sexual intercourse with a patient or trainee (Section 44-23-1150);
(21) criminal solicitation of a minor if the purpose or intent of the solicitation or attempted solicitation was to:
(a) persuade, induce, entice, or coerce the person solicited to engage or participate in sexual activity as defined in Section 16-15-375(5);
(b) perform a sexual activity in the presence of the person solicited (Section 16-15-342); or
(22) administering, distributing, dispensing, delivering, or aiding, abetting, attempting, or conspiring to administer, distribute, dispense, or deliver a controlled substance or gamma hydroxy butyrate to an individual with the intent to commit a crime listed in Section 44-53-370(f), except petit larceny or grand larceny."
Sex offender registry, trafficking in persons added
SECTION 9. Section 23-3-490(D)(1) of the 1976 Code is amended to read:
"(D) For purposes of this article, information on a person adjudicated delinquent in family court for an offense listed in Section 23-3-430 must be made available to the public in accordance with the following provisions:
(1) If a person has been adjudicated delinquent for committing any of the following offenses, information must be made available to the public pursuant to subsections (A) and (B):
(a) criminal sexual conduct in the first degree (Section 16-3-652);
(b) criminal sexual conduct in the second degree (Section 16-3-653);
(c) criminal sexual conduct with minors, first degree (Section 16-3-655(1));
(d) criminal sexual conduct with minors, second degree (Section 16-3-655(2) and (3));
(e) engaging a child for sexual performance (Section 16-3-810);
(f) producing, directing, or promoting sexual performance by a child (Section 16-3-820);
(g) kidnapping (Section 16-3-910); or
(h) trafficking in persons (Section 16-3-930) except when the court makes a finding on the record that the offense did not include a criminal sexual offense or an attempted criminal sexual offense."
Sex offender limitations, trafficking in persons added
SECTION 10. Section 23-3-535(B) of the 1976 Code, as added by Act 333 of 2008, is amended to read:
"(B) It is unlawful for a sex offender who has been convicted of any of the following offenses to reside within one thousand feet of a school, daycare center, children's recreational facility, park, or public playground:
(1) criminal sexual conduct with a minor, first degree;
(2) criminal sexual conduct with a minor, second degree;
(3) assault with intent to commit criminal sexual conduct with a minor;
(4) kidnapping a person under eighteen years of age; or
(5) trafficking in persons of a person under eighteen years of age except when the court makes a finding on the record that the offense did not include a criminal sexual offense or an attempted criminal sexual offense."
Sex offender electronic monitoring, trafficking in persons added
SECTION 11. Section 23-3-540(G)(1) of the 1976 Code, as last amended by Act 346 of 2006, is further amended to read:
"(G) This section applies to a person who has been:
(1) convicted of, pled guilty or nolo contendere to, or been adjudicated delinquent for any of the following offenses:
(a) criminal sexual conduct with a minor in the first degree (Section 16-3-655(A));
(b) criminal sexual conduct with a minor in the second degree (Section 16-3-655(B)). 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 illicit consensual sexual conduct, as contained in Section 16-3-655(B)(2), provided the offender is eighteen years of age or less, or consensual sexual conduct between persons under sixteen years of age, then the convicted person is not required to be electronically monitored pursuant to the provisions of this section;
(c) engaging a child for sexual performance (Section 16-3-810);
(d) producing, directing, or promoting sexual performance by a child (Section 16-3-820);
(e) criminal sexual conduct: assaults with intent to commit (Section 16-3-656) involving a minor;
(f) committing or attempting lewd act upon child under sixteen (Section 16-15-140);
(g) violations of Article 3, Chapter 15 of Title 16 involving a minor;
(h) kidnapping (Section 16-3-910) of a person under eighteen years of age except when the offense is committed by a parent;
(i) trafficking in persons (Section 16-3-930) of a person under eighteen years of age except when the court makes a finding on the record that the offense did not include a criminal sexual offense or an attempted criminal sexual offense; or"
Distribution and trafficking in certain drugs, trafficking in persons added
SECTION 12. Section 44-53-370(f) of the 1976 Code is amended to read:
"(f) It shall be unlawful for a person to administer, distribute, dispense, deliver, or aid, abet, attempt, or conspire to administer, distribute, dispense, or deliver a controlled substance or gamma hydroxy butyrate to an individual with the intent to commit one of the following crimes against that individual:
(1) kidnapping, Section 16-3-910;
(2) trafficking in persons, Section 16-3-930;
(3) criminal sexual conduct in the first, second, or third degree, Sections 16-3-652, 16-3-653, and 16-3-654;
(4) criminal sexual conduct with a minor in the first or second degree, Section 16-3-655;
(5) criminal sexual conduct where victim is legal spouse (separated), Section 16-3-658;
(6) spousal sexual battery, Section 16-3-615;
(7) engaging a child for a sexual performance, Section 16-3-810;
(8) committing lewd act upon child under sixteen, Section 16-15-140;
(9) petit larceny, Section 16-13-30 (A); or
(10) grand larceny, Section 16-13-30 (B)."
Savings clause
SECTION 13. The repeal or amendment by the provisions of this act or 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.
Time effective
SECTION 14. This act takes effect upon approval by the Governor.
Ratified the 7th day of June, 2010.
Approved the 11th day of June, 2010.
This web page was last updated on Friday, August 16, 2013 at 1:57 P.M.