Indicates Matter Stricken

Indicates New Matter

Committee Amendment Adopted

04/04/24

S. 866

Introduced by Senator Shealy

S. Printed 04/04/24--S.                                                                          [SEC 4/4/2024 12:40 PM]

Read the first time January 09, 2024

________

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 44-48-30, RELATING TO DEFINITIONS, SO AS TO PROVIDE A REASONABLE EXPECTATION STANDARD FOR THE DETERMINATION OF WHETHER SOMEONE IS LIKELY TO ENGAGE IN ACTS OF SEXUAL VIOLENCE; AND BY AMENDING SECTION 44-48-20, RELATING TO LEGISLATIVE FINDINGS, SO AS TO CLARIFY THE METHOD OF DETERMINATION FOR THE LIKLIHOOD THAT A PERSON WILL ENGAGE IN FUTURE ACTS OF SEXUAL VIOLENCE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1.  Section 44-48-30(9) of the S.C. Code is amended to read:

    (9) "Likely to engage in acts of sexual violence" means that a person is predisposedperson's propensity to engage in commit acts of sexual violence and more probably than not will is of such a degree that it is reasonably expected that the person will engage in acts of sexual violence to such a degreeso as to pose a menace to the health and safety of others.

SECTION 2.  Section 44-48-20 of the S.C. Code is amended to read:

    Section 44-48-20.  The General Assembly finds that a mentally abnormal and extremely dangerous group of sexually violent predators exists who require involuntary civil commitment in a secure facility for long-term control, care, and treatment. The General Assembly further finds that the likelihood these sexually violent predators will engage in repeated acts of sexual violence if not treated for their mental conditions is significant. Because the existing civil commitment process is inadequate to address the special needs of sexually violent predators and the risks that they present to society, the General Assembly has determined that a separate, involuntary civil commitment process for the long-term control, care, and treatment of sexually violent predators is necessary. The General Assembly also determines that, because of the nature of the mental conditions from which sexually violent predators suffer and the dangers they present, it is necessary to house involuntarily committed sexually violent predators in secure facilities separate from persons involuntarily committed under traditional civil commitment statutes. The civil commitment of sexually violent predators is not intended to stigmatize the mentally ill community.

SECTION 3.  This act takes effect upon approval by the Governor.

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