LEGISLATIVE UPDATE Tena Hardee Resource Attorney Children’s Law Center School of Law University of South Carolina childlaw.sc.edu

Resources childlaw.sc.edu childlaw.sc.edu childlaw.sc.edu

Title 63: New Children’s Code H H Title 63 added to the Code of Laws. Title 63 added to the Code of Laws. Entitled “South Carolina Children’s Code.” Entitled “South Carolina Children’s Code.” Transfers provisions from Chapter 7, Title 20 to the new Title 63. Transfers provisions from Chapter 7, Title 20 to the new Title 63. Effective June 16, 2008 Effective June 16, 2008 Conversion Table. Conversion Table.

Joint Citizens and Legislative Committee on Children S 1011 S 1011 Amends former section to establish the JCLCC. Amends former section 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. 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 Annual report is required to the Governor, President Pro Tem of the Senate and the Speaker of the House by each February beginning in The Committee terminates on December 31, The Committee terminates on December 31, The Children’s Law Center will provide staff support for the Committee. The Children’s Law Center will provide staff support for the Committee.

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

Sex Offender’s Residency H H Amends former section Amends former section Prohibits specified sex offenders from residing within certain areas where children are likely to be. 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. 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. 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. Law enforcement must check to ensure schools comply.

Shaken Infant Video Every hospital in our State has to make a video available for viewing to parents of newborns. 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. 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 to the criminal code. H 5001, R320,H3058: This bill adds Section to the criminal code. Makes it unlawful for a person charged or convicted under sections or or who is subject to a restraining order to enter a domestic violence shelter. Makes it unlawful for a person charged or convicted under sections or or who is subject to a restraining order to enter a domestic violence shelter. Misdemeanor: $3000/3yrs. or both Misdemeanor: $3000/3yrs. or both If weapon, felony and enhanced penalties If weapon, felony and enhanced penalties

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

Immigration R 327; H 4440 R 327; H 4440 Enacts the SC Illegal Immigration Reform Act and creates a number of new crimes 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 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 Separate violation each time a person receives a public benefit based on a false, fictitious or fraudulent statement Section Section

Age For Handguns Section amended Age changed from 21 to 18 to sell, offer to 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 , now Amends Section , now Relates to legal representation of children Relates to legal representation of children Attorney GAL in an abuse and neglect proceeding to serve as GAL and legal counsel for the child Attorney GAL in an abuse and neglect proceeding to serve as GAL and legal counsel for the child Ethics Advisory opinion Ethics Advisory opinion 08-04

CASA Amends Section Amends Section Extends authority to Richland County CASA program Extends authority to Richland County CASA program Includes confidentiality and immunity provisions Includes confidentiality and immunity provisions

Victim Witness Program R329, H4601 R329, H4601 Amends structure of the victim/ witness assistance program. Amends structure of the victim/ witness assistance program. Creates Victim Services Coordinating Council Creates Victim Services Coordinating Council Creates the Office of Victim Services Creates the Office of Victim Services Creates Certification within the Office of the Crime Victim’s Ombudsman Creates Certification within the Office of the Crime Victim’s Ombudsman

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