South Carolina H 3044: Sex Offender Registry, castration

Bill Text

2025-2026 Bill 3044 Text of Previous Version (Feb. 04, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3044

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 ADDING SECTION 
23-3-435 SO AS TO PROVIDE THAT A COURT MAY ORDER SURGICAL CASTRATION FOR 
OFFENDERS EIGHTEEN YEARS OF AGE OR OLDER CONVICTED OF CERTAIN TIER II AND III 
SEX OFFENSES FOR WHICH THEY MUST REGISTER ON THE SEX OFFENDER REGISTRY WHEN 
VICTIMS ARE THIRTEEN YEARS OLD OR YOUNGER, AND TO PROVIDE A PENALTY FOR FAILURE 
TO COMPLY WITH A COURT ORDER.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Article 7, Chapter 3, Title 23 of the S.C. Code is 
amended by adding:

 Section 
23-3-435. (A) If an offender eighteen 
years of age or older at the time of commission of the offense is convicted in 
this State of a Tier II or Tier III offense provided in Section 23-3-430 when 
the victim is thirteen years of age or younger and the offender is ordered by 
the court to register on the Sex Offender Registry, in addition to any other 
penalty imposed for the offense, the court may sentence the offender to be 
surgically castrated which must be administered by the Department of 
Corrections by a licensed physician.

 (B) An 
order of the court sentencing an offender to surgical castration pursuant to 
this section is contingent upon a determination by a court-appointed medical 
expert that the offender is an appropriate candidate for surgery. This 
determination must be made not later than sixty days from the imposition of the 
sentence. In all cases involving an offender sentenced to a period of 
incarceration or confinement in an institution, the procedure must be performed 
not later than one week before the offender's release from incarceration or an 
institution.

 (C) If 
an offender fails to appear as required by court order for purposes of the 
procedure, or refuses to allow the procedure, he must be charged with a 
violation of this section. Upon conviction, the offender must be punished by 
imprisonment of not more than five years, no part of which may be suspended nor 
probation or parole granted.

 (D) 
Notwithstanding the provisions of this section, nothing in this section may be 
construed to require surgical castration when it is not medically appropriate.

SECTION 2. The repeal or amendment by this act 
of any law, whether temporary or permanent or civil or criminal, does not affect 
pending actions, rights, duties, or liabilities founded thereon, or alter, 
discharge, release or extinguish any penalty, forfeiture, or liability incurred 
under the repealed or amended law, unless the repealed or amended provision 
shall so expressly provide. After the effective date of this act, all 
laws repealed or amended by this act must be taken and treated as remaining in 
full force and effect for the purpose of sustaining any pending or vested 
right, civil action, special proceeding, criminal prosecution, or appeal 
existing as of the effective date of this act, and for the enforcement of 
rights, duties, penalties, forfeitures, and liabilities as they stood under the 
repealed or amended laws.

SECTION 3. This act takes effect upon approval 
by the Governor.

----XX----

This web page was last updated on February 04, 2025 at 04:21 PM