South Carolina H 3140: Juvenile sex offenders

Bill Text

2025-2026 Bill 3140 Text of Previous Version (Dec. 06, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3140

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 
23-3-464 SO AS TO PROVIDE THE PROCEDURE TO ALLOW CERTAIN REGISTERED JUVENILE 
SEX OFFENDERS' NAMES TO BE REMOVED FROM THE SEX OFFENDER REGISTRY, AND TO 
PROVIDE A PROCEDURE TO ALLOW CERTAIN JUVENILES WHO HAVE BEEN ADJUDICATED 
DELINQUENT BY THE FAMILY COURT FOR COMMITTING CERTAIN OFFENSES TO BE PLACED ON 
THE SEX OFFENDER REGISTRY.

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 
23-3-464. (A) When a registered 
juvenile sex offender reaches twenty-one years of age and is released from the 
custody of the Department of Juvenile Justice, Department of Corrections, or 
the Department of Probation, Parole and Pardon Services, the person may 
petition the family court to remove the person's requirement to register as a 
sex offender. In the first year after this section takes effect, the Family 
Court is limited to hearing only one petition each month. If the Family Court 
determines at a hearing that the person who is registered as a juvenile sex 
offender is likely to or does pose an ongoing serious or aggressive threat to 
the public, the court shall order that the delinquent act be deemed an adult 
criminal conviction for the purpose of registration, notification, and public 
information access pursuant to Article 7, Chapter 3, Title 23. If the Family 
Court determines the person is not likely to or does not pose an ongoing 
serious or aggressive threat to the public, the juvenile is no longer required 
to register as a sex offender and his information must be deleted from the sex 
offender registry. The Attorney General or Circuit Solicitor shall have the 
right to be heard and the right to have the person assessed. The burden of 
proof is on the petitioner which must be proven by clear and convincing 
evidence. The court shall have the discretion to order treatment or any other 
relevant items as a condition of removal. The petitioner cannot reapply for 
three years if denied unless otherwise ordered by the court.

 In considering the 
petition, the court shall consider:

 (1) 
the likelihood the petitioner will reoffend, based on a risk assessment or an 
evaluation by a mental health professional, the cost of which shall be borne by 
the petitioner unless the petitioner is indigent;

 (2) 
the age of the petitioner at the time of the offense;

 (3) 
mitigating factors, including whether the petitioner has completed any 
treatment programs;

 (4) 
aggravating factors including, but not limited to, use of force or weapons;

 (5) 
any assessments of the person performed at the request of the Attorney General 
or Circuit Solicitor; and

 (6) 
other factors the court considers relevant.

 (B) 
Notwithstanding Section 23-3-430, a child thirteen years of age or older who 
has been adjudicated delinquent by a family court in this State for an offense 
described in Section 23-3-430, with the exception of Sections 16-3-652, 16-3-653, 
16-3-654 and Section 16-3-656 when the assault was with the intent to commit, 
Sections 16-3-652, 16-3-653, and 16-3-654 which require mandatory sex offender 
registration, may be required to register pursuant to the provisions of this 
article. The family court shall use its discretion to determine whether a 
juvenile is placed on the sex offender registry and required to comply with 
registration requirements. The determination to place the juvenile on the sex 
offender registry may be after adjudication and held in abeyance until a sex 
offender treatment program is completed. In making this determination, the 
court shall consider:

 (1) 
the likelihood the juvenile will reoffend, based on a psycho-sexual risk 
assessment and evaluation by a licensed clinical psychologist or licensed 
psychiatrist employed by the Department of Juvenile Justice. The Circuit 
Solicitor's Office, Attorney General's Office, or the juvenile also may have an 
independent psycho-sexual risk assessment evaluation by a licensed psychologist 
or psychiatrist;

 (2) 
the age of the juvenile at the time of the offense;

 (3) 
mitigating factors;

 (4) 
aggravating factors including, but not limited to, use of force or weapons;

 (5) 
prior adjudications; and

 (6) 
other factors the court considers relevant.

SECTION 2. This act takes effect upon approval 
by the Governor.

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This web page was last updated on December 06, 2024 at 10:37 AM