South Carolina H 5120: Fingerprinting, offenses by minors
Status: Signed By Governor (as of 2026-05-18)
State: South Carolina · Session: 2025-2026 · Bill: H 5120
Sponsors: C. Mitchell, Cox, Garvin, Holman, Sessions, T. Moore, Wetmore, Yow
Bill Text
2025-2026 Bill 5120 Text of Previous Version (May. 13, 2026) - South Carolina Legislature Online South Carolina General Assembly 126th Session, 2025-2026 Bill 5120 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 Committee Amendment Adopted May 13, 2026 H. 5120 Introduced by Reps. Cox, Garvin, Holman, T. Moore, Sessions, Wetmore, C. Mitchell and Yow S. Printed 5/13/26--S. Read the first time March 10, 2026 ________ A bill TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 63-19-2020, RELATING TO CONFIDENTIALITY OF JUVENILE RECORDS, SO AS TO CLARIFY WHEN NOTICE ABOUT THE DISPOSITION OF A CASE AGAINST A CHILD CHARGED WITH CERTAIN OFFENSES MUST BE PROVIDED TO A SCHOOL PRINCIPAL, AND TO CLARIFY WHEN JUVENILE FINGERPRINT RECORDS AND PHOTOGRAPHS ARE TAKEN, HOW THESE RECORDS ARE MAINTAINED, AND THE CIRCUMSTANCES UNDER WHICH THESE RECORDS MAY BE TRANSMITTED TO ANOTHER AGENCY OR PERSON; AND BY AMENDING SECTION 63-19-2030, RELATING TO JUVENILE LAW ENFORCEMENT RECORDS, SO AS TO CLARIFY WHEN INCIDENT REPORTS ABOUT A CHILD CHARGED WITH CERTAIN OFFENSES MUST BE PROVIDED TO A SCHOOL PRINCIPAL. Amend Title To Conform Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. Section 63-19-2020 of the S.C. Code is amended to read: Section 63-19-2020. (A) Except as provided herein, all information obtained and records prepared in the discharge of official duty by an employee of the court or department are confidential and must not be disclosed directly or indirectly to anyone, other than the judge, the child's attorney, or others entitled under this chapter or any other provision of law to receive this information, unless otherwise ordered by the court. The court may order the records be disclosed to a person having a legitimate interest and to the extent necessary to respond to that legitimate interest. However, these records are open to inspection without a court order where the records are necessary to defend against an action initiated by a child. (B) The director of the department must develop policies providing for the transmission of necessary and appropriate information to ensure the provision and coordination of services or assistance to a child under the custody or supervision of the department. This information must include that which is required for the admission or enrollment of a child into a program of services, treatment, training, or education. The information may be provided to another department or agency of state or local government, a school district, or a private institution or facility licensed by the State as a child-serving organization. This information may be summarized in accordance with agency policy. (C) The director is authorized to enter into interagency agreements for purposes of sharing information about children under the supervision or in the custody of the department. The agencies entering into these agreements must maintain the confidentiality of the information. (D) Reports and recommendations produced by the department for the court for the purpose of a dispositional hearing must be disseminated by the agency to the court, the solicitor, and the child's attorney. (E)(1) The department must notify the principal of a school in which a child is enrolled, intends to be enrolled, or was last enrolled upon final disposition of a case in which the child is charged with any of the following offenses: (a) a violent crime, as defined in Section 16-1-60; (b) a crime in which a weapon, as defined in Section 59-63-370, was used; (c) assault and battery against school personnel, as defined in Section 16-3-612 where the victim is a school employee or volunteer; (d) assault and battery of a high and aggravated nature committed on school grounds or at a school-sponsored event against any person affiliated with the school in an official capacity; or (e) distribution or trafficking in unlawful drugs, as defined in Article 3, Chapter 53 of Title 44. (2) Each school district is responsible for developing a policy for schools within the district to follow to ensure that the confidential nature of a child offense history and other information received is maintained. This policy must provide for, but is not limited to: (a) the retention of the child offense history and other information relating to the child offense history in the child's school disciplinary file or in some other confidential location; (b) the destruction of the child offense history upon the child's completion of secondary school or upon reaching twenty-one years of age; and (c) limiting access to the child's school disciplinary file to school personnel. This access must only occur when necessary and appropriate to meet and adequately address the educational
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