View Amendment Current Amendment: 5 to Bill 3209 Rep. McKNIGHT proposes the following Amendment No. 5 to H. 3209 (COUNCIL\ZW\3209C001.GGS.ZW17):

Reference is to Printer's Date 3/29/17-H.

Amend the bill, as and if amended, as contained in SECTION 7, Page 3209-6 through 3209-9, by striking SECTION 7 in its entirety and inserting:

/      SECTION      7.      Article 11, Chapter 21, Title 24 of the 1976 Code is amended by adding:

     "Section 24-21-1010.      (A)(1)      A person who is applying for an order of pardon pursuant to this article may request that the South Carolina Board of Paroles and Pardons recommend the expungement of records for a single offense.
           (2)            The General Assembly intends for this section to have retroactive effect, and a person who has received an order of pardon for an offense pursuant to this article prior to the effective date of this section may apply to the South Carolina Board of Paroles and Pardons to request that the board recommend the expungement of records for a single offense.
     (B)      This section does not apply to a person who is applying for an order of pardon or has received an order of pardon for a felony offense defined as a violent crime. For purposes of this section violent crime is defined as any crime listed in Section 16-1-60 but does not include any drug offenses listed in Chapter 53, Title 44.
     (C)      The applicant shall pay a recommendation of expungement application fee of two hundred dollars, which must be retained by the South Carolina Department of Probation, Parole and Pardon Services and used to defray the costs associated with the expungement process. The fee is nonrefundable, regardless of whether the offense is later determined to be ineligible for expungement. If the applicant is applying for an order of pardon and a recommendation of expungement at the same time, the applicant shall pay both the order of pardon application fee and the recommendation of expungement application fee.
     (D)      The South Carolina Department of Probation, Parole and Pardon Services shall implement policies and procedures consistent with this section to ensure that the recommendation of expungement process is properly conducted. These policies and procedures must include, but are not limited to:
           (1)      assisting the applicant in completing the recommendation of expungement application;
           (2)      collecting from the applicant and distributing to the appropriate agencies separate certified checks or money orders for all charges relating to the expungement process;
           (3)      notifying the appropriate victim of the application pursuant to Section 16-3-1560, and the appropriate prosecuting or law enforcement agency;
           (4)      coordinating with the South Carolina Law Enforcement Division to confirm that the offense is statutorily appropriate for expungement;
           (5)      obtaining and verifying the presence of all necessary signatures; and
           (6)      providing copies of the completed recommendation of expungement to the applicant.
     (E)      The South Carolina Law Enforcement Division shall verify and document that the offense sought to be expunged is appropriate for expungement. The South Carolina Law Enforcement Division shall receive a twenty-five dollar certified check or money order from the South Carolina Department of Probation, Parole and Pardon Services on behalf of the applicant made payable to the South Carolina Law Enforcement Division. The South Carolina Law Enforcement Division shall forward the necessary documentation back to the South Carolina Department of Probation, Parole and Pardon Services. Neither the South Carolina Department of Probation, Parole and Pardon Services nor the South Carolina Law Enforcement Division shall allow the applicant to take possession of the application during the recommendation of expungement application process.
     (F)(1)      The appropriate prosecuting or law enforcement agency may file an objection to the recommendation of expungement with the South Carolina Board of Paroles and Pardons at any time during the application process. The prosecuting or law enforcement agency's reason for objecting must be that the:
           (a)      applicant has other charges pending in any jurisdiction;
           (b)      prosecuting or law enforcement agency believes that the evidence in the case needs to be preserved; or
           (c)      applicant's charges were reduced as a part of a plea agreement.
           (2)      The prosecuting or law enforcement agency must notify the applicant of the objection in writing at the address listed on the application.
     (G)      The appropriate victim may file an objection to the recommendation of expungement with the Board of Paroles and Pardon within one year of receiving notice of the application.
     (H)      If an objection is filed by the prosecuting agency, law enforcement agency, or the victim, the objection must be heard by the South Carolina Board of Paroles and Pardons, meeting as a full board, and taken into consideration when the board is making a determination as to whether to recommend expungement of the applicant's records.
     (I)      If no objection is filed by the prosecuting agency, law enforcement agency, or the victim, an administrative hearing officer, appointed by the Director of the South Carolina Department of Probation, Parole and Pardon Services, may review the application and submit to the board written findings of fact and recommendations which must be taken into consideration when the board is making a determination as to whether to recommend expungement of the applicant's records.
     (J)      If the South Carolina Board of Paroles and Pardons, meeting as a full board, recommends expungement of the applicant's records, three years have passed since the completion of all terms and conditions of the person's sentence, including payment of restitution, and the person has had no other convictions other than minor traffic offenses during the three-year period, the person may apply to the appropriate solicitors office for expungement pursuant to Article 9, Chapter 22, Title 17.
     (K)(1)      No person may have the person's records expunged pursuant to this section more than once. A person may have the person's record expunged even though the conviction occurred before the effective date of this section but only applies to prospective applications for expungement. A person seeking a pardon of a number of offenses for crimes that were committed at times so closely connected in point of time to the eligible offense may be considered as one offense and shall be treated as a first offense conviction.
           (2)      After the expungement, the South Carolina Department of Probation, Parole and Pardon Services and the South Carolina Law Enforcement Division shall keep a nonpublic record of the offense and the order of expungement to ensure that no person takes advantage of the rights of this section more than once. The nonpublic record is not subject to release 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 the information in order to prevent the rights afforded by this section from being taken advantage of more than once."      /

Renumber sections to conform.
Amend title to conform.