View Amendment Current Amendment: JUD3789.005.docx to Bill 3789     The COMMITTEE ON JUDICIARY proposed the following amendment (JUD3789.005):

    Amend the bill, as and if amended, page 2, by striking lines 40 through 43, Section 17-22-1010, as contained in SECTION 2, and inserting therein the following:
    /         Section 17-22-1010.     (A)     A person who is eligible for expungement of his criminal record pursuant to the provisions of Sections 22-5-910, 22-5-920, 34-11-90(e), and 56-5-750(f) may apply to have his record expunged pursuant to the procedures provided in Article 9 if he graduates and         /

    Amend the bill further, as and if amended, page 3, by striking lines 13 through 39, and inserting therein the following:
    /         (C)     If the expungement order is granted by the court, the records must be destroyed or retained by any law enforcement agency or municipal, county, or state agency or department pursuant to the provisions of Section 17-1-40.
    (D)     The effect of the expungement order is 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 the order has been entered may be held pursuant to another provision of law to be guilty of perjury or otherwise giving a false statement by reason of his failure to recite or acknowledge the arrest, or indictment or information, or trial in response to an inquiry made of him for any purpose.
    (E)     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 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.
    (F)     As used in this section, 'conviction' includes a guilty plea, a plea of nolo contendere, or the forfeiting of bail."

    SECTION     3.     Section 17-22-910(A) of the 9176 Code, as last amended by Act 22 of 2015, is further amended to read:
    "(A)     Applications for expungement of all criminal records must be administered by the solicitor's office in each circuit in the State as authorized pursuant to:
        (1)     Section 34-11-90(e), first offense misdemeanor fraudulent check;
        (2)     Section 44-53-450(b), conditional discharge;
        (3)     Section 22-5-910, first offense conviction in magistrates court;
        (4)     Section 22-5-920, youthful offender act;
        (5)     Section 56-5-750(f), first offense failure to stop when signaled by a law enforcement vehicle;
        (6)     Section 17-22-150(a), pretrial intervention;
        (7)     Section 17-1-40, criminal records destruction, except as provided in Section 17-22-950;
        (8)     Section 63-19-2050, juvenile expungements;
        (9)     Section 17-22-530(A), alcohol education program;
        (10)     Section 17-22-330(A), traffic education program; and
        (11)     Section 17-22-1010, youth challenge academy and jobs challenge program; and
        (11)(12)     any other statutory authorization."

    SECTION     4.     Section 17-22-940(E) of the 1976 Code, as last amended by Act 276 of 2014, is further amended to read:
    "(E)     In cases when charges are sought to be expunged pursuant to Section 17-22-150(a), 17-22-530(a), 22-5-910, or 44-53-450(b), or 17-22-1010, the circuit pretrial intervention director, alcohol education program director, traffic education program director, South Carolina Youth Challenge Academy director, or summary court judge shall attest by signature on the application to the eligibility of the charge for expungement before either the solicitor or his designee and then the circuit court judge, or the family court judge in the case of a juvenile, signs the application for expungement."

    SECTION     5.     This act takes effect upon approval by the Governor.         /


    Renumber sections to conform.
    Amend title to conform.