South Carolina General Assembly
112th Session, 1997-1998

Bill 1111

Indicates Matter Stricken
Indicates New Matter 

                    Current Status

Bill Number:                    1111
Type of Legislation:            General Bill GB
Introducing Body:               Senate
Introduced Date:                19980311
Primary Sponsor:                Bryan 
All Sponsors:                   Bryan 
Drafted Document Number:        res1640.jeb
Residing Body:                  House
Current Committee:              Judiciary Committee 25 HJ
Date of Last Amendment:         19980422
Subject:                        Criminal records, destroying of
                                when person innocent or charges
                                dismissed; Courts, Crimes and
                                Offenses
History

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

House   19980423  Introduced, read first time,             25 HJ
                  referred to Committee
Senate  19980422  Amended, read third time,
                  sent to House
Senate  19980415  Read second time
Senate  19980415  Committee amendment adopted
Senate  19980414  Committee report: Favorable with         11 SJ
                  amendment
Senate  19980311  Introduced, read first time,             11 SJ
                  referred to Committee
View additional legislative information at the LPITS web site.

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken
Indicates New Matter

AS PASSED BY THE SENATE

April 22, 1998

S. 1111

Introduced by Senator Bryan

S. Printed 4/22/98--S.

Read the first time March 11, 1998.

A BILL

TO AMEND CHAPTER 1, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESTRUCTION OF CRIMINAL RECORDS REGARDING PERSONS FOUND INNOCENT OF CRIMINAL CHARGES OR AGAINST WHOM CHARGES ARE DISCHARGED OR DISMISSED, SO AS TO PROVIDE THAT SUCH RECORDS SHALL BE DESTROYED UPON NOTIFICATION TO THE LAW ENFORCEMENT AGENCY BY THE CLERK OF COURT AND THAT NO ORDER OF THE CIRCUIT COURT OR MAGISTRATE'S COURT IS REQUIRED.

Amend Title To Conform

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

SECTION 1. Section 17-1-40 of the 1976 Code is amended to read:

"Section 17-1-40. Any If a person who after being is charged with a criminal an offense and such the charge is discharged or proceedings against such person dismissed, or if the person is found to be innocent not guilty of such the charge, the arrest and booking record, files, mug shots, and fingerprints of such the person shall must be destroyed and no evidence of such record pertaining to such charge shall be retained by any municipal, county or State law enforcement agency upon notification to the law enforcement agency by the magistrate. No evidence of the record pertaining to the charge shall be retained by a municipal, county, or state law enforcement agency. A court order shall not be required to destroy the arrest and booking record, files, mug shots, and fingerprints of the person."

SECTION 2. Section 20-7-8520 of the 1976 Code, as enacted by Act 383 of 1996, is amended by adding:

"(E) If a juvenile is charged with an offense and the charge is discharged or dismissed, or if the juvenile is not adjudicated delinquent, all records including mug shots and fingerprints maintained by law enforcement pursuant to Section 20-7-8510 must be destroyed upon notification to the law enforcement agency by the clerk of court. A court order shall not be required to destroy these records."

SECTION 3. This act takes effect upon approval by the Governor and applies retroactively and prospectively.

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