Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 22-5-910 of the 1976 Code, as last amended by Act 36 of 2009, is further amended to read:
"Section 22-5-910.
(A) Following a first offense
conviction for a crime carrying a penalty of not more than
thirty days imprisonment or a fine of five
hundred one thousand dollars, or both, the
defendant after three years from the date of the conviction,
including a conviction in magistrates or general sessions
court, may apply, or cause someone acting on his behalf to
apply, to the circuit court for an order expunging the records
of the arrest and conviction. However, this section does not
apply to:
(1)
an offense involving the operation of a motor vehicle;
(2)
a violation of Title 50 or the regulations promulgated
pursuant to Title 50 for which points are assessed, suspension
provided for, or enhanced penalties for subsequent offenses are
authorized; or
(3)
an offense contained in Chapter 25, Title 16, except first
offense criminal domestic violence as contained in Section
16-25-20, which may be expunged five years from the date of the
conviction.
(B) If the defendant
has had no other conviction during the three-year period, or
during the five-year period as provided in subsection (A)(3),
following the first offense conviction for a crime carrying a
penalty of not more than thirty days imprisonment or a fine of
not more than five hundred one thousand
dollars, or both, including a conviction in magistrates or
general sessions court, the circuit court may issue an order
expunging the records. No person may have his records expunged
under this section more than once. A person may have his record
expunged even though the conviction occurred prior to June 1,
1992.
(C) After the
expungement, the South Carolina Law Enforcement Division is
required to keep a nonpublic record of the offense and the date
of the expungement to ensure that no person takes advantage of
the rights of this section more than once. This nonpublic
record is not subject to release under
pursuant to Section 34-11-95, the Freedom of Information
Act, or any other provision of law except to those authorized
law or court officials who need to know this information in
order to prevent the rights afforded by this section from being
taken advantage of more than once.
(D) As used in this
section, 'conviction' includes a guilty plea, a plea of nolo
contendere, or the forfeiting of bail."
SECTION 2. Section 17-1-40(A) of the 1976 Code is amended to read:
"(A)(1)A person who after being
charged with a criminal offense and the charge is discharged,
proceedings against the person are dismissed, or the person is
found not guilty of the charge, the arrest and booking record,
files, mug shots, and fingerprints of the person must be
destroyed and no evidence of the record pertaining to the charge
may be retained by any municipal, county, or state law
enforcement agency. Provided, however, that local and state
detention and correctional facilities may retain booking
records, identifying documentation and materials, and other
institutional reports and files under seal, on all persons who
have been processed, detained, or incarcerated, for a period not
to exceed three years from the date of the expungement order to
manage their statistical and professional information needs and,
where necessary, to defend such facilities during litigation
proceedings except when an action, complaint, or inquiry has
been initiated. Information retained by a local or state
detention or correctional facility as permitted under this
section after an expungement order has been issued is not a
public document and is exempt from disclosure. Such information
only may be disclosed by judicial order, pursuant to a subpoena
filed in a civil action, or as needed during litigation
proceedings. A person who otherwise intentionally retains the
arrest and booking record, files, mug shots, fingerprints, or
any evidence of the record pertaining to a charge discharged or
dismissed pursuant to this section is guilty of contempt of
court.
(2)
If a person has been issued a courtesy summons
pursuant to section 22-3-330 or another provision of law and the
charge for which the courtesy summons was issued is discharged,
proceedings against the person are dismissed, or the person is
found not guilty of the charge, the arrest and booking record,
files, mug shots, and fingerprints of the person must be
destroyed and no evidence of the record pertaining to the charge
may be retained by any municipal, county, or state law
enforcement agency in accordance with the provisions of item
(1).
In addition, a person who violates the
provisions of this item is subject to the same penalty as
provided in item (1)."
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.