(A) The Attorney General shall establish an interagency task force to develop and implement a State Plan for the Prevention of Trafficking in Persons. The task force shall meet at least quarterly and should include all aspects of trafficking in persons, including sex trafficking and labor trafficking of both United States citizens and foreign nationals, as defined in Section 16-3-2010. The Attorney General also shall collect and publish relevant data to this section on their website.
(B) The task force shall consist of, at a minimum, representatives from:
(1) the Office of the Attorney General, who must be chair;
(2) the South Carolina Department of Labor, Licensing and Regulation;
(3) the South Carolina Police Chiefs Association;
(4) the South Carolina Sheriffs' Association;
(5) the State Law Enforcement Division;
(6) the Department of Health and Environmental Control Board;
(7) the Office of the Attorney General, South Carolina Crime Victim Services Division;
(8) the South Carolina Commission on Prosecution Coordination;
(9) the Department of Social Services;
(10) a representative from the Office of the Governor;
(11) a representative from the Department of Employment and Workforce; and
(12) two persons appointed by the Attorney General from nongovernmental organizations, especially those specializing in trafficking in persons, those representing diverse communities disproportionately affected by trafficking, agencies devoted to child services and runaway services, and academic researchers dedicated to the subject of trafficking in persons.
(C) The Attorney General shall invite representatives of the United States Department of Labor, the United States Attorneys' offices, and federal law enforcement agencies' offices within the State, including the Federal Bureau of Investigations and the United States Immigration and Customs Enforcement office, to be members of the task force.
(D) The task force shall carry out the following activities either directly or through one or more of its constituent agencies:
(1) develop the state plan within eighteen months of the effective date of this act;
(2) coordinate the implementation of the state plan; and
(3) starting one year after the formation of the task force, submit an annual report of its findings and recommendations to the Governor, the Speaker of the House of Representatives, and the President of the Senate on or before December thirty-first of each calendar year.
(E) The task force shall consider carrying out the following activities either directly or through one or more of its constituent agencies:
(1) coordinate the collection and sharing of trafficking data among government agencies, which data collection must respect the privacy of victims of trafficking in persons;
(2) coordinate the sharing of information between agencies for the purposes of detecting criminal groups engaged in trafficking in persons;
(3) explore the establishment of state policies for time limits for the issuance of Law Enforcement Agency (LEA) endorsements as described in C.F.R. Chapter 8, Section 214.11(f)(1);
(4) establish policies to enable state government to work with nongovernmental organizations and other elements of civil society to prevent trafficking in persons and provide assistance to United States citizens and foreign national victims;
(5) review the existing services and facilities to meet trafficking victims' needs and recommend a system to coordinate services including, but not limited to, health services, including mental health, housing, education and job training, English as a second language classes, interpreting services, legal and immigration services, and victim compensation;
(6) evaluate various approaches used by state and local governments to increase public awareness of the trafficking in persons, including United States citizens and foreign national victims of trafficking in persons;
(7) mandatory training for law enforcement agencies, prosecutors, and other relevant officials in addressing trafficking in persons;
(8) collect and periodically publish statistical data on trafficking, that must be posted on the Attorney General's website;
(9) prepare public awareness programs designed to educate potential victims of trafficking in persons and their families on the risks of victimization. These public awareness programs must include, but are not limited to:
(a) information about the risks of becoming a victim, including information about common recruitment techniques, use of debt bondage, and other coercive tactics, risk of maltreatment, rape, exposure to HIV or AIDS and other sexually transmitted diseases, and psychological harm related to victimization in trafficking cases;
(b) information about the risks of engaging in commercial sex and possible punishment;
(c) information about victims' rights in the State;
(d) methods for reporting suspected recruitment activities; and
(e) information on hotlines and available victims' services;
(10) preparation and dissemination of awareness materials to the general public to educate the public on the extent of trafficking in persons, both United States citizens and foreign nationals, within the United States and to discourage the demand that fosters the exploitation of persons that leads to trafficking in persons.
(a) The general public awareness materials may include information on the impact of trafficking on individual victims, whether United States citizens or foreign nationals, aggregate information on trafficking in persons worldwide and domestically, and warnings of the criminal consequences of engaging in trafficking in persons. These materials may include pamphlets, brochures, posters, advertisements in mass media, and other appropriate media. All materials must be designed to communicate to the target population.
(b) Materials described in this section may include information on the impact of trafficking in persons on individual victims. However, information on the experiences of individual victims must preserve the privacy of the victim and the victim's family.
(c) All public awareness programs must be evaluated periodically by the task force to ensure their effectiveness.
(F) To the extent that funds are appropriated, the task force may make grants to or contract with a state agency, local government, or private victim's service organization to develop or expand service programs for victims. A recipient of a grant or contract shall report annually to the task force the number and demographic information of all victims receiving services pursuant to the grant or contract.
HISTORY: 2012 Act No. 258, Section 1, eff December 15, 2012; 2015 Act No. 7 (S.196), Section 5, eff April 2, 2015; 2015 Act No. 74 (S.183), Section 4, eff June 8, 2015.
Code Commissioner's Note
Pursuant to 2017 Act No. 96, Section 14, the reference to "State Office of Victim Assistance" in (B)(7) was changed to "Office of the Attorney General, South Carolina Crime Victim Services Division".
Effect of Amendment
2015 Act No. 7, Section 5, in (B)(2), inserted "Department of"; deleted former (B)(7), relating to the U.S. Dept. of Labor; and redesignated the remaining paragraphs accordingly; and in (C), inserted "Department of Labor, the United States" and inserted a comma following "Attorneys' offices".
2015 Act No. 74, Section 4, added (F).
Structure South Carolina Code of Laws
Title 16 - Crimes and Offenses
Chapter 3 - Offenses Against The Person
Section 16-3-10. "Murder" defined.
Section 16-3-20. Punishment for murder; separate sentencing proceeding when death penalty sought.
Section 16-3-21. Jury instruction as to discussion of verdict.
Section 16-3-25. Punishment for murder; review by Supreme Court of imposition of death penalty.
Section 16-3-28. Punishment for murder; right of defendant to make last argument.
Section 16-3-29. Attempted murder.
Section 16-3-50. Manslaughter.
Section 16-3-60. Involuntary manslaughter; "criminal negligence" defined.
Section 16-3-70. Administering or attempting to administer poison.
Section 16-3-75. Tampering with human drug product or food item; penalty.
Section 16-3-85. Homicide by child abuse; definitions; penalty; sentencing.
Section 16-3-210. Assault and battery by mob; investigation and apprehension; civil liability.
Section 16-3-410. Sending or accepting challenge to fight.
Section 16-3-420. Carrying or delivering challenge; serving as second.
Section 16-3-440. Principal or second compelled to give testimony.
Section 16-3-450. Persons concerned in duel as witnesses.
Section 16-3-460. Pleading in bar by State's witness to subsequent indictment.
Section 16-3-510. Hazing unlawful; definitions.
Section 16-3-520. Unlawful to assist in or fail to report hazing.
Section 16-3-540. Consent not a defense.
Section 16-3-600. Assault and battery; definitions; degrees of offenses.
Section 16-3-610. Certain offenses committed with a carried or concealed deadly weapon.
Section 16-3-615. Spousal sexual battery.
Section 16-3-651. Criminal sexual conduct; definitions.
Section 16-3-652. Criminal sexual conduct in the first degree.
Section 16-3-653. Criminal sexual conduct in the second degree.
Section 16-3-654. Criminal sexual conduct in the third degree.
Section 16-3-656. Criminal sexual conduct; assaults with intent to commit.
Section 16-3-657. Criminal sexual conduct; testimony of victim need not be corroborated.
Section 16-3-658. Criminal sexual conduct; when victim is spouse.
Section 16-3-660. Deposition testimony of rape victim or victim of assault with intent to ravish.
Section 16-3-670. Procedure for taking deposition.
Section 16-3-680. Sheriff shall secure attendance of accused; absence of counsel.
Section 16-3-690. Custody of deposition.
Section 16-3-700. Reading deposition to jury.
Section 16-3-710. Depositions in rebuttal.
Section 16-3-720. Destruction of deposition.
Section 16-3-730. Publishing name of victim of criminal sexual conduct unlawful.
Section 16-3-740. Testing of certain convicted offenders for Hepatitis B and HIV.
Section 16-3-750. Request that victim submit to polygraph examination.
Section 16-3-755. Sexual battery with a student.
Section 16-3-800. Definitions.
Section 16-3-810. Engaging child for sexual performance; penalty.
Section 16-3-820. Producing, directing or promoting sexual performance by child; penalty.
Section 16-3-830. Reasonable belief as to majority of child as affirmative defense.
Section 16-3-840. Methods of judicial determination of age of child.
Section 16-3-920. Conspiracy to kidnap.
Section 16-3-1010. Failing to remove doors from abandoned airtight containers.
Section 16-3-1020. Maintaining open and unprotected abandoned wells.
Section 16-3-1045. Use or employment of person under eighteen to commit certain crimes.
Section 16-3-1060. Receipt of compensation for relinquishing custody of child for adoption; penalty.
Section 16-3-1075. Felony of carjacking; penalties.
Section 16-3-1083. Death or injury of child in utero due to commission of violent crime.
Section 16-3-1090. Assisted suicide; penalties; injunctive relief.
Section 16-3-1110. Definitions.
Section 16-3-1120. Director of Crime Victim Services Division; powers and duties.
Section 16-3-1130. Claims; assignment to field representative; investigation and reports.
Section 16-3-1140. Application for review of decision; appeals; subpoenas; report on review.
Section 16-3-1150. Emergency awards.
Section 16-3-1170. Basis for award.
Section 16-3-1190. Reduction of award.
Section 16-3-1210. Persons eligible for award.
Section 16-3-1220. Persons ineligible for award.
Section 16-3-1230. Claim filed on behalf of minor or incompetent; time limitations.
Section 16-3-1270. Restitution by offender; lien against offender; filing of lien.
Section 16-3-1280. False claim; penalties.
Section 16-3-1290. Victim Compensation Fund; payment of claims, expenses and administrative costs.
Section 16-3-1300. Payment of award; exemption from garnishment, execution, or attachment.
Section 16-3-1310. Payment of award to victim or intervenor confined in correctional facility.
Section 16-3-1320. Payment of award as not constituting ordinary income for tax purposes.
Section 16-3-1330. Insufficient funds for payment of claims.
Section 16-3-1420. Definitions.
Section 16-3-1430. Victim assistance services; membership of Victim Services Coordinating Council.
Section 16-3-1505. Legislative intent.
Section 16-3-1510. Definitions.
Section 16-3-1530. Notification of victim of release, escape or transfer of accused.
Section 16-3-1565. No cause of action against public employees or agencies.
Section 16-3-1610. Definitions.
Section 16-3-1620. Department of Crime Victim Ombudsman.
Section 16-3-1630. Ombudsman; responsibilities; authority; annual report.
Section 16-3-1640. Confidentiality of information and files.
Section 16-3-1660. Grounds for dismissal.
Section 16-3-1680. Recommendation of regulations.
Section 16-3-1690. Submission of complaints; appeals.
Section 16-3-1700. Definitions.
Section 16-3-1705. Electronic mail service provider; immunity; definition.
Section 16-3-1710. Penalties for conviction of harassment in the second degree.
Section 16-3-1720. Penalties for conviction of harassment in the first degree.
Section 16-3-1730. Penalties for conviction of stalking.
Section 16-3-1735. Law enforcement officer empowered to sign warrant in place of victim.
Section 16-3-1770. Form and content of temporary restraining order.
Section 16-3-1790. Service of certified copies of restraining orders.
Section 16-3-1800. Arrest upon violation of restraining order.
Section 16-3-1830. Availability of other civil and criminal remedies.
Section 16-3-1840. Mental health evaluation prior to setting bail; purpose; report.
Section 16-3-1900. Definitions.
Section 16-3-1910. Permanent restraining orders; procedure.
Section 16-3-1920. Emergency restraining orders; procedure.
Section 16-3-2010. Definitions.
Section 16-3-2020. Trafficking in persons; penalties; minor victims; defenses.
Section 16-3-2040. Restitution for victims of trafficking.
Section 16-3-2060. Civil action for victim of trafficking; statute of limitations.
Section 16-3-2090. Forfeiture.
Section 16-3-2210. Definitions.