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Indicates Matter Stricken
Indicates New Matter
H. 3184
STATUS INFORMATION
General Bill
Sponsors: Reps. Pope, R.L. Brown, M.S. McLeod, Weeks, Bales, Gilliard, Whipper, W.J. McLeod and Mitchell
Document Path: l:\council\bills\ms\7051ahb13.docx
Introduced in the House on January 8, 2013
Introduced in the Senate on February 26, 2013
Last Amended on February 21, 2013
Currently residing in the Senate Committee on Judiciary
Summary: Expungement of criminal record
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
-------------------------------------------------------------------------------
12/18/2012 House Prefiled
12/18/2012 House Referred to Committee on Judiciary
1/8/2013 House Introduced and read first time (House Journal-page 126)
1/8/2013 House Referred to Committee on Judiciary
(House Journal-page 126)
1/10/2013 House Member(s) request name added as sponsor: M.S.McLeod
2/6/2013 House Member(s) request name added as sponsor: Weeks
2/6/2013 House Committee report: Favorable Judiciary
(House Journal-page 2)
2/7/2013 Scrivener's error corrected
2/7/2013 House Member(s) request name added as sponsor: Bales,
Gilliard, Whipper
2/19/2013 House Member(s) request name added as sponsor: W.J.McLeod
2/19/2013 House Debate adjourned until Thur., 2-21-13
(House Journal-page 32)
2/21/2013 House Member(s) request name added as sponsor: Mitchell
2/21/2013 House Amended (House Journal-page 20)
2/21/2013 House Read second time (House Journal-page 20)
2/21/2013 House Roll call Yeas-104 Nays-0 (House Journal-page 20)
2/21/2013 House Unanimous consent for third reading on next legislative
day (House Journal-page 26)
2/21/2013 House Reconsider unanimous consent for third reading on next
legislative day (House Journal-page 64)
2/21/2013 House Reconsider second reading (House Journal-page 65)
2/21/2013 House Amended (House Journal-page 65)
2/21/2013 House Read second time (House Journal-page 65)
2/21/2013 House Roll call Yeas-111 Nays-0 (House Journal-page 65)
2/21/2013 House Unanimous consent for third reading on next legislative
day (House Journal-page 69)
2/22/2013 House Read third time and sent to Senate (House Journal-page 2)
2/26/2013 Senate Introduced and read first time (Senate Journal-page 8)
2/26/2013 Senate Referred to Committee on Judiciary
(Senate Journal-page 8)
3/27/2013 Senate Referred to Subcommittee: Hutto (ch), Corbin, Young
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
12/18/2012
2/6/2013
2/7/2013
2/21/2013
Indicates Matter Stricken
Indicates New Matter
AMENDED
February 21, 2013
H. 3184
Introduced by Reps. Pope, R.L. Brown, M.S. McLeod, Weeks, Bales, Gilliard, Whipper, W.J. McLeod and Mitchell
S. Printed 2/21/13--H.
Read the first time January 8, 2013.
TO AMEND SECTION 22-5-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXPUNGEMENT OF CRIMINAL RECORDS, SO AS TO PROVIDE THAT A PERSON MAY BE ELIGIBLE FOR EXPUNGEMENT OF A FIRST OFFENSE CRIME WHICH CARRIES A FINE OF ONE THOUSAND DOLLARS RATHER THAN FIVE HUNDRED DOLLARS.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
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.
This web page was last updated on March 27, 2013 at 11:28 AM