LEGISLATIVE UPDATE

Document Sample
LEGISLATIVE UPDATE Powered By Docstoc
					LEGISLATIVE UPDATE
             Tena Hardee
          Resource Attorney
        Children’s Law Center
             School of Law
      University of South Carolina
             803-777-1646
            childlaw.sc.edu
                 Resources
   childlaw.sc.edu
   www.scstatehouse.net
   www.scbar.org
   www.judicial.state.sc.us
     Title 63: New Children’s Code

   H 4747.
   Title 63 added to the Code of Laws.
   Entitled “South Carolina Children’s Code.”
   Transfers provisions from Chapter 7, Title
    20 to the new Title 63.
   Effective June 16, 2008
   Conversion Table.
       Joint Citizens and Legislative
          Committee on Children
   S 1011
   Amends former section 20-7-25 to establish the JCLCC.
   This Committee shall study issues relating to children as
    the Committee may undertake or as may be requested
    or directed by the General Assembly.
   Annual report is required to the Governor, President Pro
    Tem of the Senate and the Speaker of the House by
    each February beginning in 2009.
   The Committee terminates on December 31, 2015.
   The Children’s Law Center will provide staff support for
    the Committee.
             Age of Consent
   S 389
   Legislation passed proposing to amend
    Section 33, Article III of the SC
    Constitution relating to the age of
    consent.
   Currently, the State Constitution allows an
    unmarried female 14 years or older to
    legally consent to sexual intercourse.
   Age of consent to increase?
         Sex Offender’s Residency
   H 3094.
   Amends former section 23-3-535.
   Prohibits specified sex offenders from residing within
    certain areas where children are likely to be.
   Unlawful for certain sex offenders to reside within 1000
    feet of a school, daycare center, children’s recreational
    facility, park or public playground.
   Places the burden on schools to provide names and
    addresses of every sex offender who resides within 1000
    feet of a school bus stop to the parents of a student who
    rides the bus (alternatively the school may post on its
    school district website a link to the sex offender registry.
   Law enforcement must check to ensure schools comply.
          Shaken Infant Video
   44-37-50
   Every hospital in our State has to make a
    video available for viewing to parents of
    newborns.
   DHEC (Department of Health and
    Environmental Control) is responsible for
    making the video available.
Criminal Domestic Violence: H5001
   H 5001, R320,H3058: This bill adds
    Section 16-25-125 to the criminal code.
   Makes it unlawful for a person charged or
    convicted under sections 16-25-29 or 16-
    65-65 or who is subject to a restraining
    order to enter a domestic violence shelter.
   Misdemeanor: $3000/3yrs. or both
   If weapon, felony and enhanced penalties
     Criminal domestic violence
   R320, H3058
   Amends Section 16-25 20
   Restructures penalty provisions
   Allows CDV convictions in other states to
    be considered as previous convictions for
    enhancement purposes
   No longer a requirement that the offense
    occur within the last ten years for
    enhancement
                Immigration
   R 327; H 4440
   Enacts the SC Illegal Immigration Reform
    Act and creates a number of new crimes
   Public employers must check driver’s
    licensed and or id cards
   Separate violation each time a person
    receives a public benefit based on a false,
    fictitious or fraudulent statement
   Section 16-9-460
         Age For Handguns
Section 16-23-30 amended
 Age changed from 21 to 18 to sell, offer to
sell, deliver, lease , rent, barter, exchange
or transport for sale into the state any
handgun.
           Guardians ad Litem
   Amends Section 20-7-110, now 63-7-1620
   Relates to legal representation of children
   Attorney GAL in an abuse and neglect
    proceeding to serve as GAL and legal
    counsel for the child
   Ethics Advisory opinion 08-04
                    CASA
   Amends Section 20-7-121
   Extends authority to Richland County
    CASA program
   Includes confidentiality and immunity
    provisions
          Victim Witness Program
   R329, H4601
   Amends structure of the victim/ witness
    assistance program.
   Creates Victim Services Coordinating
    Council
   Creates the Office of Victim Services
   Creates Certification within the Office of
    the Crime Victim’s Ombudsman
                The End
   Questions

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:0
posted:3/31/2013
language:Unknown
pages:15
dominic.cecilia dominic.cecilia http://
About