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South Carolina Statutes, Title 23

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Title 23, Law Enforcement and Public Safety

31 chapters · 501 sections in this title.

All chapters in Title 23501 Ch 3, Title 23, Chapter 387 Ch 9, Title 23, Chapter 950 Ch 31, Title 23, Chapter 3133 Ch 6, Title 23, Chapter 630 Ch 13, Title 23, Chapter 1327 Ch 1, Title 23, Chapter 121 Ch 4, Title 23, Chapter 420 Ch 23, Title 23, Chapter 2320 Ch 43, Title 23, Chapter 4319 Ch 36, Title 23, Chapter 3617 Ch 15, Title 23, Chapter 1515 Ch 47, Title 23, Chapter 4714 Ch 17, Title 23, Chapter 1713 Ch 27, Title 23, Chapter 2713

501 sections·Filtered byTitle 23✕

S.C. Code Ann. § 23-3-30 Supervision of security personnel employed by State
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All security personnel employed by the State, other than at correctional institutions shall be under the direct supervision of the South Carolina Law Enforcement Division.
S.C. Code Ann. § 23-3-300 Toll-free phone line; instructions to callers; communication with law enforcement agencies
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The MPIC shall provide a toll-free telephone line for anyone to report the disappearance of any individual or the sighting of any missing child or missing person. MPIC personnel shall instruct the caller, in the case of a report concerning the disappearance of an individual, of t…
S.C. Code Ann. § 23-3-310 Improper release of information; penalty
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Any person who knowingly and wilfully releases, or authorizes the release of, any data, information, or records maintained or possessed by the MPIC to any agency, entity, or person other than as specifically permitted by this article or in violation of any regulation promulgated …
S.C. Code Ann. § 23-3-320 Missing Person Task Force
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There is created a Missing Person Task Force composed of five members appointed by the Governor. The Governor shall designate a member as chairman. The Task Force shall study information gathered from the MPIC and the FBI/NCIC in order to make long-range plans concerning the gath…

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S.C. Code Ann. § 23-3-330 Endangered Person Notification System

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(A) The Endangered Person Notification System is established within the Missing Person Information Center. The purpose of the Endangered Person Notification System is to provide a statewide system for the rapid dissemination of information regarding a missing person who is believ…

S.C. Code Ann. § 23-3-40 Recordation and classification of fingerprints taken in criminal investigations

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All sheriff's and police departments in South Carolina shall make available to the Criminal Justice Records Division of the State Law Enforcement Division for the purpose of recordation and classification all fingerprints taken in criminal investigations resulting in convictions.…

S.C. Code Ann. § 23-3-400 Purpose

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The intent of this article is to promote the state's fundamental right to provide for the public health, welfare, and safety of its citizens. Notwithstanding this legitimate state purpose, these provisions are not intended to violate the guaranteed constitutional rights of those …

S.C. Code Ann. § 23-3-410 Registry

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(A) The registry is under the direction of the Chief of the State Law Enforcement Division (SLED) and shall contain information the chief considers necessary to assist law enforcement in the location of persons convicted of certain offenses. SLED shall develop and operate the reg…

S.C. Code Ann. § 23-3-420 Promulgation of regulations

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The State Law Enforcement Division shall promulgate regulations to implement the provisions of this article.

S.C. Code Ann. § 23-3-430 Sex offender registry

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(A) Any person, regardless of age, residing in the State of South Carolina who in this State has been convicted of, pled guilty or nolo contendere to an offense described below, or who has been convicted, pled guilty or nolo contendere, or found not guilty by reason of insanity i…

S.C. Code Ann. § 23-3-436 Registration of persons adjudicated delinquent

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(A) A child who is fourteen years of age or older and who has been adjudicated delinquent by a family court in this State for any Tier III offense is required to register in accordance with this article. (B) A child who is fourteen years of age or older and has been adjudicated d…

S.C. Code Ann. § 23-3-437 Removal of certain juveniles from registry

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A juvenile convicted of an offense in family court who is required to register pursuant to the provisions of this article who has his record expunged, sealed, or receives a pardon must be removed from the registry by SLED.

S.C. Code Ann. § 23-3-440 Notification of sheriff of offender's release, probation or change of residence; juvenile offenders

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(1) Before an offender's release from the Department of Corrections after completion of the term of imprisonment, from the Department of Juvenile Justice after completion of the term of confinement, or being placed on parole, SLED, based upon information provided by the Departmen…

S.C. Code Ann. § 23-3-45 Acceptance of fingerprints of applicants for admission to bar; exchange of records with Board of Law Examiners

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The South Carolina Law Enforcement Division is authorized to accept fingerprints of applicants for admission to the South Carolina Bar and, to the extent provided for by federal law, to exchange state, multistate, and federal criminal history records with the South Carolina Board…

S.C. Code Ann. § 23-3-450 Offender registration with sheriff; sheriff's notification of local law enforcement agencies

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The offender shall register with the sheriff of each county in which he resides, owns real property, is employed, or attends, is enrolled, volunteers, interns, or carries on a vocation at any public or private school, including, but not limited to, a secondary school, adult educa…

S.C. Code Ann. § 23-3-460 Bi-annual registration for life; notifications

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(A) A person required to register pursuant to this article is required to register biannually for life subject to the provisions of Section 23-3-462 and Section 23-3-463. For purposes of this article, "biannually" means each year during the month of his birthday and again during …

S.C. Code Ann. § 23-3-462 Termination of registration requirements

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(A) After successful completion of the requirements of this section, an offender may apply to the South Carolina Law Enforcement Division for the termination of the requirements of registration pursuant to this article. If it is determined that the offender has met the requiremen…

S.C. Code Ann. § 23-3-463 Motion to request order to be removed from requirements of the sex offender registry

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(A) An offender may file a motion with the general sessions court to request an order to be removed from the requirements of the sex offender registry act if: (1) He is a Tier I or Tier II offender or if the offender was required to register based on an adjudication of delinquenc…

S.C. Code Ann. § 23-3-465 Residence in campus student housing

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Any person required to register under this article is prohibited from living in campus student housing at a public institution of higher learning supported in whole or in part by the State.

S.C. Code Ann. § 23-3-47 South Carolina Commission on National and Community Service; criminal background checks

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A person seeking a covered position, as defined in 45 C.F.R. 2540, or who otherwise volunteers or serves in a position supported, sponsored, or administered by the South Carolina Commission on National and Community Service (commission), must undergo a state criminal history back…

S.C. Code Ann. § 23-3-470 Failure to register or provide required notifications; penalties

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(A) It is the duty of the offender to contact the sheriff in order to register, provide notification of change of permanent or temporary address, or notification of change of employment, or in attendance, enrollment, employment, volunteer status, intern status, or vocation status…

S.C. Code Ann. § 23-3-475 Registering with false information; penalties

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(A) Anyone who knowingly and wilfully gives false information when registering as an offender pursuant to this article must be punished as provided in subsection (B). (B)(1) A person convicted for a first offense is guilty of a misdemeanor and may be fined not more than one thous…

S.C. Code Ann. § 23-3-480 Notice of duty to register; registration following charge of failure to register not a defense

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(A) An arrest on charges of failure to register, service of an information or complaint for failure to register, or arraignment on charges of failure to register constitutes actual notice of the duty to register. A person charged with the crime of failure to register who asserts …

S.C. Code Ann. § 23-3-490 Public inspection of offender registry

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(A) Information collected for the offender registry is open to public inspection, and must be made available on the Internet or by other electronic means. (B) A sheriff or SLED must release information regarding persons required to register under this article to a member of the p…

S.C. Code Ann. § 23-3-50 Revenue from certain fees and licenses to be remitted to State Treasurer

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Notwithstanding any other provisions of law, all revenue from fees and licenses received by the State Law Enforcement Division related to enforcement and regulation of private detective and security companies (Section 40-17-160 of the 1976 Code), gun dealers (Section 16-23-10), g…

S.C. Code Ann. § 23-3-500 Psychiatric or psychological treatment

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A court must order that a child under twelve years of age who is convicted of, pleads guilty or nolo contendere to, or is adjudicated for an offense listed in Section 23-3-430(C) be given appropriate psychiatric or psychological treatment to address the circumstances of the offen…

S.C. Code Ann. § 23-3-510 Persons committing criminal offenses using sex offender registry information; punishment

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A person who commits a criminal offense using information from the sex offender registry disclosed to him pursuant to Section 23-3-490, upon conviction, must be punished as follows: (1) For a misdemeanor offense, the maximum fine prescribed by law for the offense may be increased…

S.C. Code Ann. § 23-3-520 Immunity of public officials, employees, and agencies; exceptions; duties regarding disclosure of information

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(A) An appointed or elected public official, public employee, or public agency is immune from civil liability for damages for any act or omission under this article unless the official's, employee's, or agency's conduct constitutes gross negligence. (B) Nothing in this chapter im…

S.C. Code Ann. § 23-3-525 Notice by real estate brokerage about obtaining sex offender registry information

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A real estate brokerage and its affiliated licensees is immune from liability for any act or omission related to the disclosure of information under this chapter if the brokerage or its affiliated licensees in a timely manner provides to its clients and customers written notice t…

S.C. Code Ann. § 23-3-530 Protocol manual for sex offender registry; contents

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The State Law Enforcement Division shall develop and maintain a protocol manual to be used by contributing agencies in the administration of the sex offender registry. The protocol manual must include, but is not limited to, the following: (1) procedures for the verification of a…

S.C. Code Ann. § 23-3-535 Limitation on places of residence of certain sex offenders; exceptions; violations; local government ordinances; school districts required to provide certain information

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(A) As contained in this section: (1) "Children's recreational facility" means a facility owned and operated by a city, county, or special purpose district used for the purpose of recreational activity for children under the age of eighteen. (2) "Daycare center" means an arrangem…

S.C. Code Ann. § 23-3-538 Certain sex offenders prohibited from operating or working for child-oriented businesses; definitions; penalties

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(A) As contained in this section: (1) "Child-oriented business" means any business whose primary service includes the education, care, or entertainment of children including, but not limited to: a school, daycare center, children's recreational facility, arcade, trampoline park, …

S.C. Code Ann. § 23-3-540 Electronic monitoring; penalty

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(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), or criminal sexual conduct with a minor in the third degree, pursuant…

S.C. Code Ann. § 23-3-545 Effect of conviction of wilfully violating term or condition of active electronic monitoring

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(A) If a person is convicted of wilfully violating a term or condition of active electronic monitoring pursuant to Section 23-3-540(M), the court may impose other terms and conditions considered appropriate and may continue the person on active electronic monitoring, or the court…

S.C. Code Ann. § 23-3-55 Expenditure of revenue

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Notwithstanding any other provision of law, all revenue generated by the State Law Enforcement Division from the sale of vehicles, various equipment, and gasoline, and insurance claims during the prior fiscal year may be retained, carried forward, and expended for the purpose of …

S.C. Code Ann. § 23-3-550 Assisting or harboring unregistered sex offender; penalty

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(A) A person who has reason to believe that a person required to register pursuant to the provisions of this article is not complying or has not complied with the requirements of this article, with the intent to assist or harbor the person required to register in eluding a law en…

S.C. Code Ann. § 23-3-555 Internet reporting requirements; penalties; information provided to interactive computer services; judicial limitations on Internet use

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(A) As used in this section: (1) "Interactive computer service" means an information service, system, or access software provider that offers users the capability of generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information v…

S.C. Code Ann. § 23-3-600 Short title

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This article may be cited as the State Deoxyribonucleic Acid Identification Record Database Act.

S.C. Code Ann. § 23-3-610 State DNA Database established; purpose

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There is established in the South Carolina Law Enforcement Division (SLED) the State Deoxyribonucleic Acid (DNA) Identification Record Database (State DNA Database). The State Law Enforcement Division shall develop DNA profiles on samples for law enforcement purposes and for huma…

S.C. Code Ann. § 23-3-615 Definitions

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As used in this article: (A) "DNA sample" means the tissue, saliva, blood, or any other bodily fluid taken at the time of arrest from which identifiable information can be obtained. (B) "DNA profile" means the results of any testing performed on a DNA sample. (C) "DNA record" mea…

S.C. Code Ann. § 23-3-620 When DNA samples required

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(A) Following a lawful custodial arrest, the service of a courtesy summons, or a direct indictment for: (1) a felony offense or an offense that is punishable by a sentence of five years or more; or (2) eavesdropping, peeping, or stalking, any of which are committed in this State,…

S.C. Code Ann. § 23-3-625 DNA samples of missing persons

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Family members of a missing person may submit DNA samples to the State Law Enforcement Division (SLED). If the person is missing thirty days after a missing person report has been submitted to the Missing Person Information Center, SLED must conduct DNA identification, typing, an…

S.C. Code Ann. § 23-3-630 Persons authorized to take DNA sample; immunity from liability

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(A) Only an appropriately trained person may take a sample from which DNA may be obtained. (B) A person taking a sample pursuant to this article is immune from liability if the sample was taken according to recognized procedures. However, no person is relieved from liability for …

S.C. Code Ann. § 23-3-635 DNA identification, typing, and testing of unidentified person's tissue and fluid samples

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Upon notification by the Medical University of South Carolina or other facility preserving the body of an unidentified person that the body remains unidentified after thirty days, the State Law Enforcement Division (SLED) must conduct DNA identification, typing, and testing of th…

S.C. Code Ann. § 23-3-640 Specifications, procedures, and equipment; use of DNA profiles; disposition of samples

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(A) Samples must be taken and submitted to SLED pursuant to specifications and procedures developed by SLED in regulation. SLED must conduct DNA identification testing, typing, and analysis in accordance with regulations promulgated by the State Law Enforcement Division on sample…

S.C. Code Ann. § 23-3-65 South Carolina Law Enforcement Assistance Program to provide counseling services and other support services

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The South Carolina Law Enforcement Division shall administer the South Carolina Law Enforcement Assistance Program (SC LEAP). The purpose of this program includes, but is not limited to, responding to and providing counseling services to all requesting law enforcement agencies an…

S.C. Code Ann. § 23-3-650 Confidentiality; availability; wilful disclosure; penalty

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(A) The DNA record and the results of a DNA profile of an individual provided under this article are confidential and must be securely stored, except that SLED must make available the results to federal, state, and local law enforcement agencies and to approved crime laboratories…

S.C. Code Ann. § 23-3-660 Expungement of DNA record; grounds for requesting

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(A) A person whose DNA record or DNA profile has been included in the State DNA Database must have his DNA record and his DNA profile expunged if: (1) the charges pending against the person who has been arrested or ordered to submit a sample: (a) have been nolle prossed; (b) have…

S.C. Code Ann. § 23-3-670 Cost of collection supplies for processing samples; processing fees

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(A) The cost of collection supplies for processing a sample pursuant to this article must be paid by the general fund of the State. A person who is required to provide a sample pursuant to this article, upon conviction, pleading guilty or nolo contendere, or forfeiting bond, must…

S.C. Code Ann. § 23-3-680 Promulgation of regulations

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SLED shall promulgate regulations to carry out the provisions of this article.