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Current Status Bill Number:View additional legislative information at the LPITS web site.285 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19990112 Primary Sponsor:Holland All Sponsors:Holland, McConnell, Hutto, Rankin Drafted Document Number:l:\s-jud\bills\holland\jud0020.dhh.doc Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Minors purchasing alcoholic beverages, conditional discharge for first offense, court may expunge arrest record History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 19990112 Introduced, read first time, 11 SJ referred to Committee Senate 19981216 Prefiled, referred to Committee 11 SJ Versions of This Bill
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-8926, SO AS TO PROVIDE A CONDITIONAL DISCHARGE FOR A FIRST OFFENSE OF PURCHASING OR POSSESSING BEER, ALE, PORTER, WINE, FERMENTED BEVERAGES OR ALCOHOLIC LIQUORS BY A PERSON UNDER TWENTY-ONE YEARS OF AGE; AND TO AUTHORIZE SUCH PERSONS TO APPLY TO THE COURT FOR AN ORDER EXPUNGING ALL RECORDS RELATING TO THE ARREST, INDICTMENT OR INFORMATION, TRIAL, FINDING OF GUILTY, AND DISMISSAL.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 20-7-8926. (a) If any person, under twenty-one years of age, who has not previously been convicted of any offense under any state or federal statute relating to the purchase or possession of beer, ale, porter, wine, malt, fermented beverages or alcoholic liquors, pleads guilty to or is found guilty of purchasing or possessing beer, ale porter, wine, malt, fermented beverages or alcoholic liquors, the court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him on probation upon terms and conditions as it requires, including the requirement that such person cooperate in a treatment and rehabilitation program of a State-supported facility or a facility approved by the Commission, if such a facility is available. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him. Discharge and dismissal under this section shall be without court adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including the additional penalties imposed for second or subsequent convictions. However, a nonpublic record shall be forwarded to and retained by the South Carolina Law Enforcement Division solely for the courts' use in determining whether or not a person has committed a subsequent offense under this article. Discharge and dismissal under this section may occur only once with respect to any person.
(b) Upon the dismissal of a person and discharge of the proceedings against him under subsection (a) of this section, if he was not over twenty-one years of age at the time of the offense, he may apply to the court for an order to expunge from all official records (other than the nonpublic records to be retained as provided in subsection (a) of this section) all records relating to his arrest, indictment or information, trial, finding of guilty, and dismissal and discharge pursuant to this section. If the court determines, after a hearing that such person was dismissed and the proceedings against him discharged and that he was not over twenty-one years of age at the time of the offense, it shall enter the order described in this subsection. The effect of the order shall be to restore the person, in the contemplation of the law, to the status he occupied before the arrest or indictment or information. No person as to whom an order has been entered pursuant to this subsection shall be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of his failures to recite or acknowledge such arrest, or indictment or information, or trial in response to any inquiry made of him for any purpose."
SECTION 2. This act takes effect upon approval by the Governor.
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