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H 3140

Juvenile sex offenders

2025-2026 Regular Session Introduced by Todd Rutherford

Allows eligible former juvenile sex offenders to petition a Family Court to remove their registry requirement after age 21, with a clear and convincing evidence standard.

Referred to Committee on Judiciary
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WeVote Research Nonpartisan
Bill Summary · H 3140

Bill summary — Juvenile sex offenders (proposed Section 23‑3‑464)

Note on source materials
- The document you provided mixes two separate measures: (1) a South Carolina bill to add Section 23‑3‑464 concerning juvenile sex‑offender registration (summarized below), and (2) an unrelated Massachusetts draft (House No. 3140 / HD 1055) that would exempt certain veterans’ organizations from state and local meals tax. This summary focuses on the South Carolina juvenile sex‑offender measure (Section 23‑3‑464) because the bill title you provided is “Juvenile sex offenders.” If you want a separate summary of the Massachusetts meals‑tax bill, I can provide that as well.

Overview / purpose
- The bill would add South Carolina Code Section 23‑3‑464 to (1) create a procedure for certain persons who were registered as juvenile sex offenders to petition the family court for removal of the registration requirement after age 21, and (2) clarify and expand the family court’s discretionary authority to place juveniles (age 13 and older) on the sex‑offender registry following delinquency adjudication for specified offenses.

Key provisions
1. Petition to remove juvenile registration after age 21
- When a person who was registered as a juvenile sex offender turns 21 and is released from custody (DJJ, DOC, or Probation/Parole), they may petition the Family Court to remove the registration requirement.
- Burden: petitioner must prove entitlement to removal by clear and convincing evidence.
- The Attorney General or Circuit Solicitor may participate, be heard, and request assessment(s).
- If the Family Court finds the person is likely to pose an ongoing serious or aggressive threat, the court may order that the juvenile delinquent act be treated as an adult criminal conviction for purposes of registration, notification, and public access.
- If the court finds the person is not likely to pose such a threat, the person is no longer required to register and their information must be deleted from the registry.
- The court may impose treatment or other conditions as a prerequisite to removal.
- If denied, the petitioner generally cannot reapply for three years unless the court orders otherwise.
- Procedural limit: in the first year after enactment, the Family Court is limited to hearing one such petition per month.

  1. Discretionary placement of juveniles (age 13+) on the registry
    • Notwithstanding certain mandatory‑registration provisions, a child 13 or older adjudicated delinquent for offenses described in Section 23‑3‑430 (with some statutory exceptions) may be required to register under the article — but placement is discretionary with the Family Court.
    • The court may defer placement until completion of a sex‑offender treatment program (a determination can be held in abeyance).
    • Required considerations include: psycho‑sexual risk assessment(s) (performed by a licensed clinician employed by DJJ; parties may obtain independent assessments), age at offense, mitigating and aggravating factors (including use of force or weapons), prior adjudications, and any other relevant factors.

Operational details / costs
- Risk assessment/evaluation costs are the petitioner’s responsibility unless the petitioner is indigent.
- The bill takes effect upon the governor’s approval.

Who would be affected
- Juveniles currently on the sex‑offender registry and those adjudicated delinquent for listed offenses (particularly those aged 13+).
- Family Courts (increased petition/hearing workload), prosecutors (AG/Circuit Solicitor involvement), defense counsel, treatment providers, and assessment professionals.
- Victims and the communities served by the registry — changes affect privacy, public notification, and public‑safety considerations.

Potential impacts and considerations
- Benefits: provides a judicial pathway for older youth to be removed from the registry, which may aid reintegration (employment, housing, education) when risk is low; introduces individualized assessments rather than automatic lifetime registration in all juvenile cases.
- Risks/challenges: judicial workload (limited initial monthly hearings may create backlog), assessment costs and access to qualified clinicians, potential public‑safety concerns if removal decisions underestimate recidivism risk. The clear‑and‑convincing proof standard is higher than preponderance but lower than beyond a reasonable doubt.
- Prosecutorial role: the bill preserves the AG/Circuit Solicitor’s right to contest removal and seek assessments.

Effective date
- The act would take effect upon approval by the Governor.

If you want
- A short, separate summary of the Massachusetts House bill (H.3140 / HD 1055) on veterans’ organizations and meals tax; or
- A one‑page comparison of this bill to current South Carolina law on juvenile registration and expungement/removal procedures. Which would you prefer?

Compiled from official sources — confirm details with the bill’s official record.

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