LEGISLATIVE UPDATE

Tena Hardee Resource Attorney Children’s Law Center School of Law University of South Carolina 803-777-1646 childlaw.sc.edu

Resources

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childlaw.sc.edu

www.scstatehouse.net

www.scbar.org

www.judicial.state.sc.us

Title 63: New Children’s Code

      H 4747. Title 63 added to the Code of Laws.

Entitled “South Carolina Children’s Code.” Transfers provisions from Chapter 7, Title 20 to the new Title 63.

Effective June 16, 2008 Conversion Table.

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Joint Citizens and Legislative Committee on Children

S 1011 Amends former section 20-7-25 to establish the JCLCC.

This Committee shall study issues relating to children as the Committee may undertake or as may be requested or directed by the General Assembly.

Annual report is required to the Governor, President Pro Tem of the Senate and the Speaker of the House by each February beginning in 2009.

The Committee terminates on December 31, 2015.

The Children’s Law Center will provide staff support for the Committee.

Age of Consent

    S 389 Legislation passed proposing to amend Section 33, Article III of the SC Constitution relating to the age of consent. Currently, the State Constitution allows an unmarried female 14 years or older to legally consent to sexual intercourse. Age of consent to increase?

Sex Offender’s Residency

      H 3094.

Amends former section 23-3-535.

Prohibits specified sex offenders from residing within certain areas where children are likely to be.

Unlawful for certain sex offenders to reside within 1000 feet of a school, daycare center, children’s recreational facility, park or public playground.

Places the burden on schools to provide names and addresses of every sex offender who resides within 1000 feet of a school bus stop to the parents of a student who rides the bus (alternatively the school may post on its school district website a link to the sex offender registry.

Law enforcement must check to ensure schools comply.

Shaken Infant Video

   44-37-50 Every hospital in our State has to make a video available for viewing to parents of newborns.

DHEC (Department of Health and Environmental Control) is responsible for making the video available.

Criminal Domestic Violence: H5001

    H 5001, R320,H3058: This bill adds Section 16-25-125 to the criminal code.

Makes it unlawful for a person charged or convicted under sections 16-25-29 or 16 65-65 or who is subject to a restraining order to enter a domestic violence shelter.

Misdemeanor: $3000/3yrs. or both If weapon, felony and enhanced penalties

Criminal domestic violence

     R320, H3058 Amends Section 16-25 20 Restructures penalty provisions Allows CDV convictions in other states to be considered as previous convictions for enhancement purposes No longer a requirement that the offense occur within the last ten years for enhancement

Immigration

     R 327; H 4440 Enacts the SC Illegal Immigration Reform Act and creates a number of new crimes Public employers must check driver’s licensed and or id cards Separate violation each time a person receives a public benefit based on a false, fictitious or fraudulent statement Section 16-9-460

Age For Handguns

Section 16-23-30 amended Age changed from 21 to 18 to sell, offer to sell, deliver, lease , rent, barter, exchange or transport for sale into the state any handgun.

Guardians ad Litem

    Amends Section 20-7-110, now 63-7-1620 Relates to legal representation of children Attorney GAL in an abuse and neglect proceeding to serve as GAL and legal counsel for the child Ethics Advisory opinion 08-04

CASA

   Amends Section 20-7-121 Extends authority to Richland County CASA program Includes confidentiality and immunity provisions

Victim Witness Program

     R329, H4601 Amends structure of the victim/ witness assistance program.

Creates Victim Services Coordinating Council Creates the Office of Victim Services Creates Certification within the Office of the Crime Victim’s Ombudsman

 Questions

The End