(A) For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CHILDREN’S RECREATIONAL FACILITY. 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 18.
DAYCARE CENTER. An arrangement where, at any one (1) time, there are three (3) or more preschool-age children, or nine (9) or more school-age children receiving child care.
SCHOOL. Does not include a home school or an institution of higher education.
WITHIN 1,000 FEET. A measurement made in a straight line, without regard to intervening structures or objects, from the nearest portion of the property on which the sex offender resides to the nearest property line of the premises of a school, daycare center, children’s recreational facility, park, or public playground, whichever is closer.
(B) It is unlawful for a sex offender who has been convicted of any of the following offenses to reside within 1,000 feet of a school, daycare center, children’s recreational facility, park, or public playground:
(1) Criminal sexual conduct with a minor, first degree;
(2) Criminal sexual conduct with a minor, second degree;
(3) Assault with intent to commit criminal sexual conduct with a minor; or
(4) Kidnapping a person under 18 years of age.
(C) This section does not apply to a sex offender who:
(1) Resided within 1,000 feet of a school, daycare center, children’s recreational facility, park, or public playground before the effective date of this section;
(2) Resided within 1,000 feet of a school, daycare center, children’s recreational facility, park, or public playground on property the sex offender owned before the sex offender was charged with any of the offenses enumerated in division (B);
(3) Resides within 1,000 feet of a school, daycare center, children’s recreational facility, park, or public playground as a result of the establishment of a new school, daycare center, children’s recreational facility, park, or public playground;
(4) Resides in a jail, prison, detention facility, group home for persons under the age of 21 licensed by the Department of Social Services, residential treatment facility for persons under the age of 21 licensed by the Department of Health and Environmental Control, or other holding facility, including a mental health facility;
(5) Resides in a homeless shelter for no more than one (1) year, a group home for persons under the age of 21 licensed by the Department of Social Services, or a residential treatment facility for persons under the age of 21 licensed by the Department of Health and Environmental Control, and the site was purchased by the organization prior to the effective date of this section;
(6) Resides in a community residential care facility, as defined in S.C. Code § 44-7-130(6); or
(7) Resides in a nursing home, as defined in S.C. Code § 44-7-130(13).
(D) If upon registration of a sex offender, or at any other time, a local law enforcement agency determines that a sex offender is in violation of this section, the local law enforcement agency must, within 30 days:
(1) Notify the sex offender of the violation;
(2) Provide the sex offender with a list of areas in which the sex offender is not permitted to reside; and
(3) Notify the sex offender that the sex offender has 30 days to vacate the residence.
(E) If the sex offender fails to vacate the residence within 30 days of the local law enforcement agency satisfying the requirements of division (D), the sex offender shall be punished as provided in § 158.999.
(F) (1) At the beginning of each school year, each school district must provide:
(a) The names and addresses of every sex offender who resides within 1,000 feet of a school bus stop within the school district to the parents or guardians of a student who boards or disembarks a school bus at a stop covered by this division; or
(b) The hyperlink to the sex offender registry web site on the school district’s web site for the purpose of gathering this information.
(2) Local law enforcement agencies must check the school districts’ web sites to determine if each school district has complied with this division. If a hyperlink does not appear on a school district web site, the local law enforcement agency must contact the school district to confirm that the school district has provided the parents or guardians with the names and addresses of every sex offender who resides within 1,000 feet of a school bus stop within the school district. If the local law enforcement agency determines that this information has not been provided, the local law enforcement agency must inform the school district that it is in violation of this division. If the school district does not comply within 30 days after notice of its violation, the school district is subject to equitable injunctive relief and, if the plaintiff prevails, the district shall pay the plaintiff’s attorney’s fees and costs.
(Ord. passed 8-18-2008; Am. Ord. passed 8-18-2009) Penalty, see § 158.999