Indicates Matter Stricken

Indicates New Matter

 

Committee Report

May 01, 2024

 

S. 1166

 

Introduced by Senators Stephens and Rice

 

S. Printed 05/01/24--H.

Read the first time April 23, 2024

 

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The committee on House Judiciary

To whom was referred a Bill (S. 1166) to amend the South Carolina Code of Laws by amending Section 17-1-65, relating to the S.C. Constitutional Carry/Second Amendment Preservation Act of 2024, so as, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

 

    Amend the bill, as and if amended, SECTION 1, by striking Section 17-1-65(B) and inserting:

    (B) The State must dismiss all charges pending against a person for unlawful possession of a handgun pursuant to Section 16-23-20 that were nullified by the enactment of the S.C. Constitutional Carry/Second Amendment Preservation Act of 2024, notwithstanding the savings clause contained in SECTION 25 of that act. However, if such unlawful possession of a handgun charge was used as probable cause for another offense arising from the same incident, this section does not mandate that those associated charges be dismissed. Dismissal of the Section 16-23-20 charge may not serve as a basis or support for any civil action due to the arrest of the Section 16-23-20 charge by law enforcement officers or prosecutors.

 

Renumber sections to conform.

Amend title to conform.

 

W. NEWTON for Committee.

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY Amending SECTION 17-1-65, relating to the S.C. Constitutional carry/second amendment preservation act of 2024, SO AS TO PROVIDE THE STATE MUST DISMISS CERTAIN PENDING UNLAWFUL HANDGUN POSSESSION CHARGES.

 

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

 

SECTION 1.  Section 17-1-65 of the S.C. Code is amended to read:

 

    Section 17-1-65. (A) A person may apply for an expungement of one conviction for unlawful possession of a handgun as provided in Section 16-23-20, if the conviction occurred prior to the enactment of the S.C. Constitutional Carry/Second Amendment Preservation Act of 2024. An application under this section must be made within five years of the enactment of this section.

    (B) The State must dismiss all charges pending against a person for unlawful possession of a handgun pursuant to Section 16-23-20 that were nullified by the enactment of the S.C. Constitutional Carry/Second Amendment Preservation Act of 2024, notwithstanding the savings clause contained in SECTION 25 of that act. However, if such unlawful possession of a handgun charge was used as probable cause for another offense arising from the same incident, this section does not mandate that those associated charges be dismissed.

 

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

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