South Carolina General Assembly
121st Session, 2015-2016

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H. 5172

STATUS INFORMATION

General Bill
Sponsors: Reps. Fry, Henegan, Erickson, Long, Funderburk, Bernstein, Allison, Nanney, Robinson-Simpson, Norrell, Tinkler, H.A. Crawford, Cobb-Hunter, Ott, M.S. McLeod, Thayer, Whitmire, Johnson, Felder, Hardee, Goldfinch, Lowe, Jordan, Sandifer, Yow, Hill, Finlay, Gagnon, Jefferson, Williams, Knight, Govan, Rivers, Herbkersman, Bales, Ridgeway, Henderson, Duckworth, Dillard, Huggins, Atwater, Hicks, Gilliard, G.A. Brown, Whipper and Clemmons
Document Path: l:\council\bills\dka\3184sa16.docx
Companion/Similar bill(s): 1022, 3342

Introduced in the House on April 12, 2016
Introduced in the Senate on April 28, 2016
Last Amended on May 31, 2016
Currently residing in the Senate

Summary: Safe Harbor for Exploited Minors Act

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   4/12/2016  House   Introduced and read first time (House Journal-page 10)
   4/12/2016  House   Referred to Committee on Judiciary 
                        (House Journal-page 10)
   4/14/2016  House   Member(s) request name added as sponsor: Henegan
   4/26/2016  House   Recalled from Committee on Judiciary 
                        (House Journal-page 64)
   4/26/2016  House   Member(s) request name added as sponsor: Erickson, Long, 
                        Funderburk, Bernstein, Allison, Nanney, 
                        Robinson-Simpson, Norrell, Tinkler, H.A.Crawford, 
                        Cobb-Hunter, Ott, M.S.McLeod, Thayer, Whitmire, 
                        Johnson, Felder, Hardee, Goldfinch, Lowe, Jordan, 
                        Sandifer, Yow, Hill, Finlay, Gagnon, Jefferson, 
                        Williams, Knight, Govan, Rivers, Herbkersman, Bales, 
                        Ridgeway, Henderson, Duckworth, Dillard, Huggins, 
                        Atwater, Hicks, Gilliard, G.A.Brown, Whipper
   4/27/2016  House   Member(s) request name added as sponsor: Clemmons
   4/27/2016  House   Amended (House Journal-page 55)
   4/27/2016  House   Read second time (House Journal-page 55)
   4/27/2016  House   Roll call Yeas-80  Nays-0 (House Journal-page 57)
   4/28/2016  House   Read third time and sent to Senate 
                        (House Journal-page 22)
   4/28/2016  Senate  Introduced and read first time (Senate Journal-page 18)
   4/28/2016  Senate  Referred to Committee on Judiciary 
                        (Senate Journal-page 18)
   4/28/2016          Scrivener's error corrected
   5/26/2016  Senate  Polled out of committee Judiciary (Senate Journal-page 5)
   5/26/2016  Senate  Committee report: Favorable Judiciary 
                        (Senate Journal-page 5)
   5/31/2016  Senate  Amended (Senate Journal-page 67)
   5/31/2016  Senate  Read second time (Senate Journal-page 67)
    6/1/2016          Scrivener's error corrected

View the latest legislative information at the website

VERSIONS OF THIS BILL

4/12/2016
4/26/2016
4/27/2016
4/28/2016
5/26/2016
5/31/2016
6/1/2016

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

AMENDED

May 31, 2016

H. 5172

Introduced by Reps. Fry, Henegan, Erickson, Long, Funderburk, Bernstein, Allison, Nanney, Robinson-Simpson, Norrell, Tinkler, H.A. Crawford, Cobb-Hunter, Ott, M.S. McLeod, Thayer, Whitmire, Johnson, Felder, Hardee, Goldfinch, Lowe, Jordan, Sandifer, Yow, Hill, Finlay, Gagnon, Jefferson, Williams, Knight, Govan, Rivers, Herbkersman, Bales, Ridgeway, Henderson, Duckworth, Dillard, Huggins, Atwater, Hicks, Gilliard, G.A. Brown, Whipper and Clemmons

S. Printed 5/31/16--S.    [SEC 6/1/16 3:24 PM]

Read the first time April 28, 2016.

            

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-2110 SO AS TO ENACT THE "SAFE HARBOR FOR EXPLOITED MINORS ACT", TO PROVIDE FOR PROTECTION OF THE IDENTITY OF MINOR VICTIMS OF TRAFFICKING IN PERSONS AND PROVIDE CERTAIN PROTECTIONS TO MINORS CHARGED WITH CERTAIN CRIMES INVOLVING PROSTITUTION AND COERCED INVOLVEMENT IN SUCH CRIMES, AMONG OTHER THINGS.

Amend Title To Conform

Whereas, the General Assembly finds that:

(1)    minors under the age of eighteen residing in or visiting this State engaging in commercial sexual acts or sex trafficking may be victims of a crime and, if victims, enjoy the protection and resources of the State of South Carolina; and

(2)    minors who qualify for the protection of this act should be protected from criminal and civil liability including immunity from prosecution. Now, therefore,

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    This act may be cited as the "Safe Harbor for Exploited Minors Act".

SECTION    2.    Article 19, Chapter 3, Title 16 of the 1976 Code is amended by adding:

"Section 16-3-2110.    (A)    In a prosecution involving a minor victim of trafficking in persons, an officer or employee of the court may not disclose the identity of the victim of trafficking in persons to the public. All records revealing the name or other identifying information of the victim of trafficking in persons must be redacted to comply with this section prior to public inspection or disclosure pursuant to Chapter 4, Title 30, the Freedom of Information Act.

(B)    A minor under the age of eighteen who is charged with a violation pursuant to Section 16-15-90, is entitled to a hearing to determine whether the minor is immune from prosecution. If the judge determines, by a preponderance of the evidence, that the minor violated Section 16-15-90 as the result of coercion and duress from a third person, the minor is immune from criminal prosecution for those offenses. The degree of coercion must be of such a nature as to induce a well-grounded apprehension of death or serious bodily harm if the act is not done. The fear of death or harm must be reasonable.

(C)    A minor under the age of eighteen who is charged with violating a trespassing, loitering, obstruction of highway, disorderly conduct, or simple possession of a controlled substance statute as a direct result of being a victim of sex trafficking, when the violation is his or her first offense, is eligible to apply for a pre-trial diversion program. If the minor is accepted and successfully completes the diversionary program, the charges must be expunged pursuant to other provisions of law.

(D)    A law enforcement agency may use standard procedures for investigating prostitution involving minors under the age of eighteen, but must timely contact the Department of Social Services when a minor under the age of eighteen is being prostituted or trafficked, or is charged with prostitution or related offenses.

(E)    The provisions of this section do not extend to a minor under the age of eighteen who induces, encourages, facilitates, or enables in anyway the sexual exploitation of another person.

(F)    Residence of a victim of trafficking in persons in a shelter or other facility is voluntary, and a victim of trafficking in persons may decline to stay in a shelter or other facility.

(G)    Admission to a shelter:

(1)    must be made without regard to race, religion, ethnic background, sexual orientation, country of origin, or culture; and

(2)    may not be conditioned on whether the victim of trafficking in persons is cooperating with a law enforcement agency in its attempts to prosecute persons pursuant to this article."

SECTION    3.    This act takes effect upon approval by the Governor.

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This web page was last updated on June 1, 2016 at 3:36 PM