South Carolina S 17: Criminal Sexual Conduct with a Minor

Bill Text

2025-2026 Bill 17 Text of Previous Version (Dec. 11, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 17

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 23-3-540(A), (C), (E), AND (H), RELATING TO ELECTRONIC MONITORING, SO 
AS TO REQUIRE ACTIVE ELECTRONIC MONITORING FOR THE OFFENSE OF CRIMINAL SEXUAL 
CONDUCT WITH A MINOR IN THE SECOND DEGREE WITH EXCEPTIONS.

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

SECTION 1. Sections 23-3-540(A), (C), (E), and (H) of the S.C. 
Code is amended to read:

 Section 
23-3-540. (A) Upon conviction, 
adjudication of delinquency, guilty plea, or plea of nolo contendere of a 
person for committing criminal sexual conduct with a minor in the first degree, 
pursuant to Section 16-3-655(A)(1), criminal sexual 
conduct with a minor in the second degree, pursuant to Section 16-3-655(B), or 
criminal sexual conduct with a minor in the third degree, pursuant to Section 
16-3-655(C), the court must order that the person, upon release from 
incarceration, confinement, commitment, institutionalization, or when placed 
under the supervision of the Department of Probation, Parole and Pardon 
Services shall be monitored by the Department of Probation, Parole and Pardon 
Services with an active electronic monitoring device.

 (C) A 
person who is required to register pursuant to this article for committing 
criminal sexual conduct with a minor in the first degree, pursuant to Section 
16-3-655(A)(1), criminal sexual conduct with a minor in 
the second degree, pursuant to Section 16-3-655(B), or criminal sexual 
conduct with a minor in the third degree, pursuant to Section 16-3-655(C), and 
who violates a term of probation, parole, community supervision, or a community 
supervision program must be ordered by the court or agency with jurisdiction to 
be monitored by the Department of Probation, Parole and Pardon Services with an 
active electronic monitoring device.

 (E) A 
person who is required to register pursuant to this article for committing 
criminal sexual conduct with a minor in the first degree, pursuant to Section 
16-3-655(A)(1), criminal sexual conduct with a minor in 
the second degree, pursuant to Section 16-3-655(B), or criminal sexual 
conduct with a minor in the third degree, pursuant to Section 16-3-655(C), and 
who violates a provision of this article, must be ordered by the court to be 
monitored by the Department of Probation, Parole and Pardon Services with an 
active electronic monitoring device.

 (H) 
The person shall be monitored by the Department of Probation, Parole and Pardon 
Services with an active electronic monitoring device for the duration of the 
time the person is required to remain on the sex offender registry pursuant to 
the provisions of this article, unless the person is committed to the custody 
of the State. Ten years from the date the person begins to be electronically 
monitored, the person may petition the chief administrative judge of the 
general sessions court for the county in which the person was ordered to be 
electronically monitored for an order to be released from the electronic 
monitoring requirements of this section. The person shall serve a copy of the 
petition upon the solicitor of the circuit and the Department of Probation, 
Parole and Pardon Services. The court must hold a hearing before ordering the 
person to be released from the electronic monitoring requirements of this 
section, unless the court denies the petition because the person is not 
eligible for release or based on other procedural grounds. The solicitor of the 
circuit, the Department of Probation, Parole and Pardon Services, and any 
victims, as defined in Article 15, Chapter 3, Title 16, must be notified of any 
hearing pursuant to this subsection and must be given an opportunity to testify 
or submit affidavits in response to the petition. If the court finds that there 
is clear and convincing evidence that the person has complied with the terms 
and conditions of the electronic monitoring and that there is no longer a need 
to electronically monitor the person, then the court may order the person to be 
released from the electronic monitoring requirements of this section. If the 
court denies the petition or refuses to grant the order, then the person may 
refile a new petition every five years from the date the court denies the 
petition or refuses to grant the order. A person may not petition the court if 
the person is required to register pursuant to this article for committing 
criminal sexual conduct with a minor in the first degree, pursuant to Section 
16-3-655(A)(1), criminal sexual conduct with a minor in 
the second degree, pursuant to Section 16-3-655(B), or criminal sexual 
conduct with a mino