South Carolina H 3736: Law Enforcement Personal Privacy Protection and Judicial Personal Privacy Protection
Status: Scrivener's error corrected (as of 2025-01-29)
State: South Carolina · Session: 2025-2026 · Bill: H 3736
Sponsors: W. Newton
Bill Text
2025-2026 Bill 3736 Text of Previous Version (Jan. 29, 2025) - South Carolina Legislature Online South Carolina General Assembly 126th Session, 2025-2026 Bill 3736 Indicates Matter Stricken Indicates New Matter (Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.) A bill TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 30-2-500, RELATING TO DEFINITIONS, SO AS TO INCLUDE ADDITIONAL INFORMATION IN THE DEFINITION OF "PERSONAL CONTACT INFORMATION" AND TO DEFINE "DISCLOSED RECORDS"; BY AMENDING SECTION 30-2-510, RELATING TO OPTIONs FOR LAW ENFORCEMENT OFFICERS TO MAKE PERSONAL CONTACT INFORMATION CONFIDENTIAL; EXCEPTIONS; PROCEDURES, SO AS TO RESTRICT PERSONAL CONTACT INFORMATION IN A DISCLOSED RECORD FROM A PUBLICLY AVAILABLE INTERNET WEBSITE MAINTAINED BY OR OPERATED ON BEHALF OF A STATE OR LOCAL GOVERNMENT AND TO REQUIRE THAT THE PERSONAL CONTACT INFORMATION RESTRICTED FROM DISCLOSED RECORDS UNDER THIS SECTION MUST REMAIN WITHIN THE OFFICIAL RECORD HELD OR MAINTAINED BY A STATE OR LOCAL GOVERNMENT AGENCY, AND TO ALLOW DISCLOSURE TO CERTAIN INDIVIDUALS OR ENTITIES; BY ADDING SECTION 30-2-515 SO AS TO PROVIDE FOR A PETITION TO COURT FOR COMPLIANCE WITH THE ARTICLE AND TO PREVENT LIABILITY FROM ACCRUING TO A STATE OR LOCAL GOVERNMENT EMPLOYEE OR THE EMPLOYEE'S AGENTS; BY AMENDING SECTION 30-2-700, RELATING TO DEFINITIONS, SO AS TO INCLUDE ADDITIONAL INFORMATION IN THE DEFINITION OF "PERSONAL CONTACT INFORMATION" AND TO DEFINE "DISCLOSED RECORDS"; BY AMENDING SECTION 30-2-710, RELATING TO OPTIONs FOR JUDGES TO MAKE PERSONAL CONTACT INFORMATION CONFIDENTIAL; EXCEPTIONS; PROCEDURES, SO AS TO RESTRICT PERSONAL CONTACT INFORMATION IN A DISCLOSED RECORD FROM A PUBLICLY AVAILABLE INTERNET WEBSITE MAINTAINED BY OR OPERATED ON BEHALF OF A STATE OR LOCAL GOVERNMENT AND TO REQUIRE THAT THE PERSONAL CONTACT INFORMATION RESTRICTED FROM DISCLOSED RECORDS UNDER THIS SECTION MUST REMAIN WITHIN THE OFFICIAL RECORD HELD OR MAINTAINED BY A STATE OR LOCAL GOVERNMENT AGENCY, AND TO ALLOW DISCLOSURE TO CERTAIN INDIVIDUALS OR ENTITIES; BY ADDING SECTION 30-2-715 SO AS TO PROVIDE FOR A PETITION TO COURT FOR COMPLIANCE WITH THE ARTICLE AND TO PREVENT LIABILITY FROM ACCRUING TO A STATE OR LOCAL GOVERNMENT EMPLOYEE OR THE EMPLOYEE'S AGENTS; TO DIRECT THE OFFICE OF COURT ADMINISTRATION AND THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY TO COLLABORATE IN THE CREATION OF THE DESIGNATED FORM FOR A LAW ENFORCEMENT OFFICER AND FOR A JUDGE TO USE TO REQUEST THE RESTRICTION OF PERSONAL CONTACT INFORMATION IN DISCLOSED RECORDS; AND TO MAKE CONFORMING CHANGES. Be it enacted by the General Assembly of the State of South Carolina: SECTION 1.A. Section 30-2-500 of the S.C. Code is amended to read: Section 30-2-500. For the purposes of this article: (1) "Personal contact information" means the name, home address or; personal cellular telephone number; or property tax map number, if applicable, of the eligible requesting party. (2) "Eligible requesting party" means an active or former law enforcement officer who has filed a formal request under the provisions of this article. (3) "Law enforcement officer" means an active or former federal, state, or local certified law enforcement officer or corrections officer. (4) "Disclosed records" means records accessible by a database or an image of an official record, that are placed on a publicly available internet website maintained by or operated on behalf of a state or local government agency. Disclosed records for the purpose of this article do not include records available for purchase or through an account, by registration or subscription, from a state or local government agency. B. Section 30-2-510 of the S.C. Code is amended to read: Section 30-2-510. Section effective July 1, 2024. (A) Information that relates to the personal contact information of an An eligible requesting partyparty's personal contact information in a disclosed record and is held or maintained by a state or local government agency is confidential and must not be disclosed to the public shall be restricted on a publicly available internet website maintained by or operated on behalf of the state or local government agency if the law enforcement officer: (1) notifies the individual state or local government agency of the law enforcement officer's choice to restrict public access to or posting of personal contact informationpersonal contact information in disclosed records by submission of a the designated form produced by the South Carolina Criminal Justice Academy; and (2) provides a verification of a notarized affidavit affirming current employment or previous employment as a law enforcement officer to include contact information for his employer. The affidavit must include contact information for the employer. (B) A choice made under this article remains valid with the following exceptio
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