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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