Indicates Matter Stricken

Indicates New Matter

Committee Report

May 01, 2024

S. 841

Introduced by Senators Alexander and Senn

S. Printed 05/01/24--H.                                                                           [SEC 5/6/2024 4:04 PM]

Read the first time April 09, 2024

________

The committee on House Judiciary

To whom was referred a Bill (S. 841) to amend the South Carolina Code of Laws by enacting the "Prosecutors Personal Privacy Protection Act" by adding Article 9 to Chapter 2, Title 30 so as to define, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

    Amend the bill, as and if amended, SECTION 2, by striking Section 30-2-900(2) and inserting:

       (2) "Personal contact information" means the home address, but shall not include any information required attendant to serving as a registered agent for service of process, personal cellular phone number, or property tax map number, if applicable, of the eligible requesting party that is included in a database or an image or a copy of an official record posted on a publicly available state or local government agency website.

Amend the bill further, SECTION 2, by striking Section 30-2-910(C) and inserting:

    (C) Personal contact information provided under the provisions of this article may be disclosed to another government agency. It also may be disclosed by subpoena, by order of the court, or upon written consent of the eligible prosecutor or public defender.

Amend the bill further, SECTION 5, by striking Section 30-2-500(1) and inserting:

    (1) "Personal contact information" means the home address, but shall not include any information required attendant to serving as a registered agent for service of process or, personal cellular telephone number, property tax map number, if applicable, of the eligible requesting party that is included in a database or on an image or a copy of an official record posted on a publicly available state or local government agency website.

Amend the bill further, SECTION 6, by striking Section 30-2-510(C) and inserting:

    (C) Information protected under the provisions of this article may be disclosed to another governmental agency,. It also may disclosed by under subpoena, by order of the court, or upon written consent of the eligible law enforcement officer.

Amend the bill further, SECTION 8, by striking Section 30-2-700(1) and inserting:

    (1) "Personal contact information" means the home address, but shall not include any information required attendant to serving as a registered agent for service of process or, personal cellular telephone number, or tax map number, if applicable, of the eligible requesting party that are included in a database or an image or a copy of an official record on a publicly available state or local government website.

Amend the bill further, SECTION 9, by striking Section 30-2-710(C) and inserting:

    (C) Personal contact information provided under the provisions of this article may be disclosed to another government agency,. It also may be disclosed by under subpoena, by order of the court, or upon written consent of the eligible judge.

Amend the bill further, by adding an appropriately numbered SECTION to read:

SECTION X. The effective date of Act No. 56 of  2023, which enacted the "Law Enforcement and Personal Privacy Protection Act" and the "Judicial Personal Privacy Protection Act," is delayed from July 1, 2024, until July 1, 2025.

Amend the bill further, by striking SECTION 11 and inserting:

SECTION 11. This act takes effect on July 1, 2025.

Renumber sections to conform.

Amend title to conform.

W. NEWTON for Committee.

_______

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "PROSECUTORS PERSONAL PRIVACY PROTECTION ACT" BY ADDING ARTICLE 9 TO CHAPTER 2, TITLE 30 SO AS TO DEFINE NECESSARY TERMS, AND TO PROVIDE