South Carolina General Assembly
116th Session, 2005-2006

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Bill 611


Indicates Matter Stricken
Indicates New Matter


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

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY AMENDING SECTION 17-1-40, RELATING TO DESTRUCTION OF CRIMINAL RECORDS, SO AS TO PROVIDE THAT THE CUSTODIAN OF THE LOCAL JAIL SHALL DESTROY ONLY THAT INFORMATION REQUIRED TO BE MADE PUBLIC PURSUANT TO THE STANDARDS ESTABLISHED PURSUANT TO SECTION 24-9-20.

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 A person who after being charged with a criminal offense and such the charge is discharged or proceedings against such the person dismissed or is found to be innocent 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 the record pertaining to such the charge shall may be retained by any municipal, county, or State law enforcement agency; provided, however, that the custodian of the local jail or detention facility shall destroy only that information required to be made public pursuant to the standards established pursuant to Section 24-9-20."

SECTION    2.    This act takes effect upon approval by the Governor.

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