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LEGISLATIVE UPDATE

LEGISLATIVE UPDATE. Tena Hardee Resource Attorney Children’s Law Center School of Law University of South Carolina 803-777-1646 childlaw.sc.edu. Resources. childlaw.sc.edu www.scstatehouse.net www.scbar.org www.judicial.state.sc.us. Title 63: New Children’s Code. H 4747.

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LEGISLATIVE UPDATE

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

  2. Resources • childlaw.sc.edu • www.scstatehouse.net • www.scbar.org • www.judicial.state.sc.us

  3. 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.

  4. 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.

  5. 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?

  6. 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.

  7. 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.

  8. 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

  9. 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

  10. 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

  11. 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.

  12. 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

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

  14. 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 Victim Witness Program

  15. The End • Questions

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