Reference is to Printer's Date 4/1/15-S.
Amend the bill, as and if amended, SECTION 1, page 2, by deleting Section 17-1-40(B)(1)(b) and inserting:
/ (b) Detention and correctional facilities shall 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 and one hundred twenty days from the date of the expungement order to manage the facilities' statistical and professional information needs, and to defend the facilities and the facilities' employees during litigation proceedings, except that when an action, complaint, or inquiry has been initiated, the records, documentation and materials, and other reports and files may be retained as needed to address the action, complaint, or inquiry. The information is not a public document and is exempt from disclosure, except by court order. At the end of the three years and one hundred twenty days from the date of the expungement order, the records must be destroyed unless they are being retained to address an action, complaint, or inquiry that has been initiated. /
Amend the bill further, SECTION 2, Pages 4 and 5, by deleting Section 17-1-60(D) and inserting:
/ (D)(1)
A person or entity who publishes on the person or entity's
website the arrest and booking records, including booking
photographs, of a person who is arrested and booked in South
Carolina shall remove the arrest and booking records from the
person or entity's website without requiring the payment of a
fee or other consideration within thirty days of the receipt of
a request to remove the arrest and booking records, if the
request:
(a)
is made in writing via certified mail, return receipt
requested, to the registered agent, principal place of business,
or primary residence of the person or entity who publishes the
website;
(b)
includes the person's name, date of arrest, and the name
of the arresting law enforcement agency;
(c)
contains certified documentation that the original charges
stemming from the arrest were discharged, dismissed, expunged,
or the person was found not guilty; and
(d)
includes a complete and accurate description of where the
arrest and booking records are located, including, but not
limited to, the uniform resource locator (URL) and e-edition, if
applicable.
(2)
If the original charges stemming from the arrest were
discharged or dismissed as a result of the person pleading to a
lesser included offense, or a different offense, the person or
entity who publishes the website is not required to remove the
arrest and booking records from the person or entity's website;
however, the person or entity shall revise the arrest and
booking records published on the person or entity's website to
reflect the lesser included offense, or different offense,
instead of the original charges, without requiring the payment
of a fee or other consideration within thirty days of the
receipt of a request to remove the arrest and booking records
pursuant to item (D)(1).
(3)
This subsection does not apply to the following:
(a)
motion picture producers and distributors, and their
products as released in theaters, to DVD, pay-per-view,
broadcast, cable and satellite television, as well as Internet
services;
(b)
acts done by the publisher, owner, agent, employee, or
retailer of a newspaper, periodical, books, radio station, radio
network, television station, television broadcast network, or
cable television network in the publication or dissemination in
print or electronically of:
(i)
news, history, entertainment, or
commentary; or
(ii)
an advertisement of or for another person, when the
publisher, owner, agent, or employee did not have actual
knowledge of the false, misleading, or deceptive character of
the advertisement, did not prepare the advertisement, or did not
have a direct financial interest in the sale or distribution of
the advertised product or service.
(4)
A person or entity who violates this subsection is not
subject to the criminal penalty provided in subsection (F);
however, the person or entity is subject to a civil cause of
action as provided in subsection (G). /
Renumber sections to conform.
Amend title to conform.