South Carolina S 631: Kirby Elizabeth Self, Miss SC USA
Status: Introduced and adopted (as of 2023-03-14)
State: South Carolina · Session: 2023-2024 · Bill: S 631
Sponsors: Garrett
Bill Text
2025-2026 Bill 631 Text of Previous Version (Apr. 28, 2026) - South Carolina Legislature Online South Carolina General Assembly 126th Session, 2025-2026 Bill 631 Indicates Matter Stricken Indicates New Matter (Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.) Indicates Matter Stricken Indicates New Matter Amended April 28, 2026 S. 631 Introduced by Senators Walker and Zell S. Printed 4/28/26--S. Read the first time May 1, 2025 ________ A bill TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 23-3-535, RELATING TO LIMITATIONS ON PLACES OF RESIDENCE OF CERTAIN SEX OFFENDERS, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A SEX OFFENDER TO RESIDE WITHIN ONE THOUSAND FEET OF A BUS STOP; AND TO PROVIDE THAT OWNERS OR RENTERS OF IMPACTED PROPERTY NOT BE REQUIRED TO RELOCATE IF THEY OWNED OR RENTED THE PROPERTY BEFORE THE EFFECTIVE DATE OF THIS ACT. Amend Title To Conform Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. Section 23-3-535 of the S.C. Code is amended to read: Section 23-3-535. (A) As contained in this section: (1) "Children's recreational facility" means a facility owned and operated by a city, county, or special purpose district used for the purpose of recreational activity for children under the age of eighteen. (2) "Daycare center" means an arrangement where, at any one time, there are three or more preschool-age children, or nine or more school-age children receiving child care. (3) "School" does not include a home school or an institution of higher education. (4) "Within one thousand feet" means a measurement made in a straight line, without regard to intervening structures or objects, from the nearest portion of the property on which the sex offender resides to the nearest property line of the premises of a school, daycare center, children's recreational facility, park, school bus stop, or public playground, whichever is closer. (B) It is unlawful for a sex offender who has been convicted of any of the following offenses to reside within one thousand feet of a school, daycare center, children's recreational facility, park, school bus stop, or public playground: (1) criminal sexual conduct with a minor, first degree; (2) criminal sexual conduct with a minor, second degree; (3) assault with intent to commit criminal sexual conduct with a minor; (4) kidnapping a person under eighteen years of age; or (5) trafficking in persons of a person under eighteen years of age except when the court makes a finding on the record that the offense did not include a criminal sexual offense or an attempted criminal sexual offense. (C) This section does not apply to a sex offender who: (1) resided within one thousand feet of a school, daycare center, children's recreational facility, park, school bus stop, or public playground before the effective date of this act; (2) resided within one thousand feet of a school, daycare center, children's recreational facility, park, school bus stop, or public playground on property the sex offender owned before the sex offender was charged with any of the offenses enumerated in subsection (B); (3) resides within one thousand feet of a school, daycare center, children's recreational facility, park, school bus stop, or public playground as a result of the establishment of a new school, daycare center, children's recreational facility, park, or public playground; (4) resides in a jail, prison, detention facility, group home for persons under the age of twenty-one licensed by the Department of Social Services, residential treatment facility for persons under the age of twenty-one licensed by the Department of Health and Environmental Control Department of Public Health, or other holding facility, including a mental health facility; (5) resides in a homeless shelter for no more than one year, a group home for persons under the age of twenty-one licensed by the Department of Social Services, or a residential treatment facility for persons under the age of twenty-one licensed by the Department of Public Health, Health and Environmental Control, and the site was purchased by the organization prior to the effective date of this act; (6) resides in a community residential care facility, as defined in Section 44-7-130(6); or (7) resides in a nursing home, as defined in Section 44-7-130(13). (D) If upon registration of a sex offender, or at any other time, a local law enforcement agency determines that a sex offender is in violation of this section, then the local law enforcement agency must, within thirty days, notify the sex offender of the violation, provide the sex offender with a list of areas in which the sex offender is not permitted to reside, and notify the sex offender that the sex offender has thirty days to vacate the residence. If the sex offender fails to vacate the r
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