Indicates Matter Stricken

Indicates New Matter

Committee Report

February 22, 2023

S. 145

Introduced by Senators Shealy, Goldfinch, Hutto, Jackson, Campsen and McLeod

S. Printed 02/22/23--S.

Read the first time January 10, 2023

________

The committee on Senate Judiciary

To who was referred a Bill (S. 145) to amend the South Carolina Code of Laws by amending Section 16-15-90, relating to prostitution, lewdness, assignation, and prostitution generally, so as to increase, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

   Amend the bill, as and if amended, SECTION 1, by striking Section 16-15-90(A)(11) and inserting:

      (11) Aid, abet, or participate knowingly in the doing of any of the acts herein prohibited.

Amend the bill further, SECTION 2, by striking Section 16-15-100(A)(7) and inserting:

      (7) reside in, enter, or remain in a place, structure, building, vehicle, trailer, or conveyance to procure, solicit, cause, induce, persuade, or encourage by promise the lewdness, assignation, or prostitution of another person;

Amend the bill further, SECTION 2, by striking Section 16-15-100(B)(1) and (2) and inserting:

   (B) A person who violates a provision of this section is guilty of a misdemeanor and, upon conviction:

         (1) for a first offense, must be fined not less than two hundred fifty dollars and not more than one thousand dollars, imprisoned not more than thirty days, or both. Notwithstanding the provisions of Sections 22-3-540, 22-3-545, 22-3-550, and 14-25-65, a first offense charged for this item may be tried in magistrate or municipal court;

         (2) for a second offense, must be fined not less than five hundred dollars and not more than three thousand dollars, imprisoned not more than six months, or both; and

         (3) for a third or subsequent offense, must be fined not less than one thousand five hundred dollars and not more than five thousand dollars, imprisoned not more than one year, or both.

       "

Renumber sections to conform.

Amend title to conform.

LUKE RANKIN for Committee.

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill restructures the grouping of laws involving unlawful acts of prostitution, repeals the existing penalty schedule for these offenses, creates two new penalty schedules, and creates an enhanced penalty for acts involving a severely or profoundly mentally disabled prostitute.

Section 16-15-90 has been restructured to include only the following offenses related to prostitution:

Engaging in prostitution or offering oneself for the purpose of prostitution; and

Exposing indecently the private person for the purpose of prostitution or other indecency.

The bill provides that minors under the age of 18 at the time of such incident may not be prosecuted for the above offenses. In addition, the bill provides that it is an affirmative defense to a prosecution for the above offenses if the defendant was a victim of human trafficking at the time the offense was committed.

Below are the changes in the penalty schedule for the offenses in Section 16-15-90:

EXISTING PENALTY    NEW PENALTY - MISDEMEANOR

(Section 16-15-110)   (added to Section 16-15-90)

1st Offense   1st Offense

Fine of ≤$200 or imprisonment for ≤30 days   Fine of ≤$200, imprisonment for ≤30 days, or both

2nd Offense   2nd Offense

Fine of ≤$1,000, imprisonment for ≤6 months, or both   Fine of ≤$1,000, imprisonment for ≤6 months, or both

3rd or Subsequent Offense   3rd or Subsequent Offense

Fine of ≤$3,000, imprisonment for ≥1 year, or both   Fine of ≤$3,000, imprisonment for ≤1 year, or both

The bill also moves the following prostitution-related offenses originally contained in Section 16-15-90 to Section 16-15-100:

Residing in, entering, or remaining in a place/vehicle/structure for the purpose of lewdness, assignation, or prostitution;

Keeping or setting up a house of ill fame, brothel, or bawdyhouse;

Receiving a person for the purpose of lewdness, assignation, or prostitution into a vehicle/structure;

Permitting a person to remain for the purpose of lewdness, assignation, or prostitution in a place/vehicle/structure;

Directing, taking, or transporting, or offering or agreeing to take or transport, or aiding or assisting in transporting a person to a place/vehicle/structure or to another person with knowledge or having reasonable cause to believe that the purpose of such action is prostitution, lewdness, or assignation; and

Leasing, renting, or contracting to lease or rent a place/vehicle/structure or part thereof believing or having reasonable cause to believe that it is intended to be used for any such purposes.

Below are the changes in the penalty schedule for the offenses in Section 16-15-100:

CURRENT PENALTY   NEW PENALTY - MISDEMEANOR

(Section 16-15-110)   (added to Section 16-15-100)

1st Offense   1st Offense*

Fine of ≤$200 or imprisonment for ≤30 days   Fine ranging from $250 to $1,000, imprisonment for ≤30 days, or both

2nd Offense   2nd Offense

Fine of ≤$1,000, imprisonment for ≤6 months, or both   Fine ranging from $500 to $3,000, imprisonment for ≤6 months, or both

3rd or Subsequent Offense   3rd or Subsequent Offense

Fine of ≤$3,000, imprisonment for ≥1 year, or both   Fine ranging from $1,500 to $5,000, imprisonment for ≤1 year, or both

Enhanced Penalty for Persons Violating This Section

When the Prostitute is Severely or Profoundly Mentally Disabled - FELONY

(added to Section 16-15-100)

Fine of ranging from $1,500 to $5,000, imprisonment for not more than 2 years, or both

* A first offense may be tried in municipal or magistrate court

The bill also repeals Section 16-15-110, which outlines the existing penalty structure for all prostitution-related offenses.

Judicial. This bill modifies the existing penalty structure for solicitation of prostitution. Judicial intends to use existing General Fund appropriations to manage any modifications in caseloads. Therefore, this bill will have no expenditure impact on Judicial.

Commission on Prosecution Coordination. This bill modifies the existing penalty structure for solicitation of prostitution, which could result in an increase in the number of warrants that are sent to the Offices of Circuit Solicitor for review, prosecution, and disposition; however, the potential increase in warrants is unknown. The implementation of this bill will have no expenditure impact, as the commission expects to manage any increase in caseloads within current resources.

Commission on Indigent Defense. The implementation of this bill will have no expenditure impact for Indigent Defense, as the commission expects to manage any increase in caseloads within current resources.

Department of Corrections. This bill may result in an increase in the number of inmates housed by the Department of Corrections. However, no data are available to estimate the increase in the number of inmates that may be housed by Corrections. According to Corrections, in FY 2021-22, the annual total cost per inmate was $32,247, of which $30,044 was state funded, and the marginal cost per inmate was $4,836, of which $4,830 was state funded. However, Corrections indicates that since the maximum sentence is two years, they do not anticipate a significant fiscal impact.

State Revenue

This bill modifies the existing penalty structure for solicitation of prostitution, including increasing fines. This bill may result in an increase in the fines and fees collected in court. Court fines and fees are distributed to the General Fund, Other Funds, and local funds. Therefore, RFA anticipates this bill may result in an undetermined impact to General Fund revenue and Other Funds revenue due to the potential increase in fines and fees collections in court.

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

________

A bill

to amend the South Carolina Code of Laws by amending Section 16-15-90, relating to Prostitution, lewdness, assignation, and prostitution generally, so as to INCREASE THE PENALTIES FOR SOLICITATION OF PROSTITUTION, ESTABLISHING OR KEEPING A BROTHEL OR HOUSE OF PROSTITUTION, OR CAUSING OR INDUCING ANOTHER TO PARTICIPATE IN PROSTITUTION, TO ESTABLISH THE AFFIRMATIVE DEFENSE OF BEING A VICTIM OF HUMAN TRAFFICKING, AND TO INCREASE THE PENALTIES FOR SOLICITING, CAUSING, OR INDUCING ANOTHER FOR OR INTO PROSTITUTION IF THE PROSTITUTE HAS A MENTAL DISABILITY; and by repealing Section 16-15-100, relating to Prostitution, further unlawful acts.

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

SECTION 1.   Section 16-15-90 of the S.C. Code is amended to read:

   "Section 16-15-90.   (A) It shall be unlawful to:

      (1) Engage engage in prostitution or offer oneself for the purpose of prostitution; or

      (2) Aid or abet prostitution knowingly;

      (3) Procure or solicit for the purpose of prostitution;

      (4) Expose expose indecently the private person for the purpose of prostitution or other indecency;

      (5) Reside in, enter or remain in any place, structure, building, vehicle, trailer or conveyance for the purpose of lewdness, assignation or prostitution;

      (6) Keep or set up a house of ill fame, brothel or bawdyhouse;

      (7) Receive any person for purposes of lewdness, assignation or prostitution into any vehicle, conveyance, trailer, place, structure or building;

      (8) Permit any person to remain for the purpose of lewdness, assignation or prostitution in any vehicle, conveyance, trailer, place, structure or building;

      (9) Direct, take or transport, offer or agree to take or transport or aid or assist in transporting any person to any vehicle, conveyance, trailer, place, structure or building or to any other person with knowledge or having reasonable cause to believe that the purpose of such directing, taking or transporting is prostitution, lewdness or assignation;

      (10)Lease or rent or contract to lease or rent any vehicle, conveyance, trailer, place, structure or building or part thereof believing or having reasonable cause to believe that it is intended to be used for any of the purposes herein prohibited; or

      (11) Aid, abet, or participate knowingly in the doing of any of the acts herein prohibited.

   (B) A person who violates this section is guilty of a misdemeanor and, upon conviction:

      (1) for a first offense, must be fined not more than two hundred dollars, imprisoned not more than thirty days, or both;

      (2) for a second offense, must be fined not more than one thousand dollars, imprisoned not more than six months, or both; and

      (3) for a third or subsequent offense, must be fined not more than three thousand dollars, imprisoned not more than one year, or both.

   (C) It is an affirmative defense to a prosecution for a violation of this section subject to the requirements of Section 16-3-2020(F) if, during the commission of the offense, the defendant was a victim of trafficking in persons as defined by Section 16-3-2010(9).

   (D) Notwithstanding the other provisions of this section, a minor under the age of eighteen at the time of an incident may not be prosecuted pursuant to this section."

SECTION 2.   Section 16-15-100 of the S.C. Code is amended to read:

   "Section 16-15-100.   (A) It shall further be unlawful to:

      (1) procure or solicit a person for the purpose of prostitution;

      (1)(2) Procure procure a female person to be an inmate for a house of prostitution;

      (2)(3) Cause cause, induce, persuade, or encourage by promise, threat, violence, or by any scheme or device a female person to become a prostitute or to remain an inmate of a house of prostitution;

      (3)(4) Induce induce, persuade, or encourage a female person to come into or leave this State for the purpose of prostitution or to become an inmate in a house of prostitution;

      (4)(5) Receive receive or give or agree to receive or give any money or thing of value for procuring or attempting to procure any female a person to become a prostitute or an inmate in a house of prostitution;

      (5)(6) Accept accept or receive knowingly any money or other thing of value without consideration from a prostitute; or

      (7) reside in, enter, or remain in a place, structure, building, vehicle, trailer, or conveyance for the purpose of lewdness, assignation, or prostitution;

      (8) keep or set up a house of ill fame, brothel, or bawdyhouse;

      (9) receive a person for the purpose of lewdness, assignation, or prostitution into a vehicle, conveyance, trailer, place, structure, or building;

      (10) permit a person to remain for the purpose of lewdness, assignation, or prostitution in a vehicle, conveyance, trailer, place, structure, or building;

      (11) direct, take, or transport, offer or agree to take or transport, or aid or assist in transporting a person to a vehicle, conveyance, trailer, place, structure, or building, or to another person with knowledge or having reasonable cause to believe that the purpose of such directing, taking, or transporting is prostitution, lewdness, or assignation;

      (12) lease, rent, or contract to lease or rent a vehicle, conveyance, trailer, place, structure, building, or part thereof believing or having reasonable cause to believe that it is intended to be used for any of the purposes prohibited by this section; or

      (6)(13) Aid knowingly aid, abet, or participate knowingly in the doing of any of the acts herein prohibited by this section.

   (B)(1) A person who violates a provision of this section is guilty of a misdemeanor and, upon conviction:

         (a) for a first offense, must be fined not less than two hundred fifty dollars and not more than one thousand dollars, imprisoned not more than thirty days, or both. Notwithstanding the provisions of Sections 22-3-540, 22-3-545, 22-3-550, and 14-25-65, a first offense charged for this item may be tried in magistrate or municipal court;

         (b) for a second offense, must be fined not less than five hundred dollars and not more than three thousand dollars, imprisoned not more than six months, or both; and

         (c) for a third or subsequent offense, must be fined not less than one thousand five hundred dollars and not more than five thousand dollars, imprisoned not more than one year, or both.

      (2) A person who violates a provision of this section where the prostitute has been adjudicated or meets the definition to be found severely or profoundly mentally disabled beyond a reasonable doubt is guilty of a felony and, upon conviction, must be fined not less than one thousand five hundred dollars and not more than five thousand dollars, imprisoned not more than two years, or both."

SECTION 3.   Section 16-15-110 of the S.C. Code is repealed.

SECTION 4.   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 5.   If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION 6.   This act takes effect upon approval by the Governor.

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