Reference is to Printer's Date 5/9/17--S.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. This act may be cited as the "South Carolina Youth Challenge Academy and South Carolina Jobs Challenge Program Expungement Act".
SECTION 2. Chapter 22, Title 17 of the 1976 Code is amended by adding:
Section 17-22-1010. (A)
A person who is eligible for expungement of
his criminal record pursuant to the provisions of Section
17-22-910 may apply to have his record expunged pursuant to the
procedures provided in Article 9 if he graduates and
successfully completes the South Carolina Youth Challenge
Academy and the South Carolina Jobs Challenge Program
administered by the South Carolina Army National Guard.
Notwithstanding another provision of law, such person may apply
for expungement immediately upon graduation and successful
completion of the South Carolina Youth Challenge Academy and the
South Carolina Jobs Challenge Program.
(B) If the person has
had no other conviction during the approximately one-year period
as provided in subsection (A), the circuit court may issue an
order expunging the records including any associated bench
warrant. No person may have his records expunged under this
section more than once.
(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 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 3. 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 4. Section 17-22-910 of the 1976 Code, as last amended by Act 22 of 2015, is further amended to read:
"Section 17-22-910.
(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 22-5-930, first offense drug
convictions;
(6)
Section 56-5-750(f), first offense failure to stop
when signaled by a law enforcement vehicle;
(6)(7) Section
17-22-150(a), pretrial intervention;
(7)(8) Section
17-1-40, criminal records destruction, except as provided in
Section 17-22-950;
(8)(9) Section
63-19-2050, juvenile expungements;
(9)(10)
Section 17-22-530(A), alcohol education program;
(10)(11)
Section 17-22-330(A), traffic education program; and
(11)(12) any
other statutory authorization.
(B) A person's
eligibility for expungement of an offense contained in this
section, or authorized by any other provision of law, must be
based on the offense that the person pled guilty to or was
convicted of committing and not on an offense for which the
person may have been charged. In addition, if an offense for
which a person was convicted is subsequently repealed and the
elements of the offense are consistent with an existing similar
offense which is currently eligible for expungement, a person's
eligibility for expungement of an offense must be based on the
existing similar offense.
(C) The
provisions of this section apply retroactively to allow
expungement as provided by law for each offense delineated in
subsection (A) by persons convicted prior to the enactment of
this section or the addition of a specific item contained in
subsection (A)."
SECTION 5. Section 22-5-910 of the 1976 Code, as last amended by Act 132 of 2016, 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 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 and any associated
bench warrant. However, this section does not apply to an
offense involving the operation of a motor vehicle.
(B) Following a
first offense conviction for domestic violence
in the third degree pursuant to Section 16-25-20(D), or
Section 16-25-20(B)(1) as it existed before June 4, 2015,
the defendant after five 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 and any associated bench warrant.
(C) If the defendant
has had no other conviction during the three-year period as
provided in subsection (A), or during the five-year period as
provided in subsection (B), the circuit court may issue an order
expunging the records including any associated bench warrant.
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.
(D) 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.
(E) As used in this
section, 'conviction' includes a guilty plea, a plea of nolo
contendere, or the forfeiting of bail, including out-of-state
convictions. For the purpose of this section, any number of
offenses for crimes carrying a penalty of not more than thirty
days imprisonment or a fine of one thousand dollars, or both,
that are closely connected and arose out of the same incident
may be considered as one offense and treated as one conviction
for expungement purposes.
(F) No person
may have the person's record expunged under this section if the
person has pending criminal charges of any kind. No person may
have the person's records expunged under 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."
SECTION 6. Section 22-5-920 of the 1976 Code, as last amended by Act 132 of 2016, is further amended to read:
"Section 22-5-920.
(A) As used in this section, ' conviction' includes a
guilty plea, a plea of nolo contendere, or the forfeiting of
bail, including out-of-state convictions. For the
purpose of this section, any number of offenses for which the
individual received a youthful offender sentence that are
closely connected and arose out of the same incident may be
considered as one offense and treated as one conviction for
expungement purposes.
(B)(1) Following a first offense conviction
as a youthful offender for which a defendant is sentenced
pursuant to the provisions of Chapter 19, Title 24, Youthful
Offender Act, the defendant, who has not been convicted of
any offense while serving the youthful offender sentence,
including probation and parole, or for a period of
after five years from the date of completion of
the defendant's sentence, including probation and parole, may
apply, or cause someone acting on the defendant's behalf to
apply, to the circuit court for an order expunging the records
of the arrest and conviction.
(2)
However, this section does not apply to:
(a)
an offense involving the operation of a motor vehicle;
(b)
an offense classified as a violent crime in Section
16-1-60; or
(c)
an offense contained in Chapter 25, Title 16, except as
otherwise provided in Section 16-25-30; or
(d)
an offense for which the individual is required
to register in accordance with the South Carolina Sex Offender
Registry Act.
(3)
If the defendant has had no other conviction during the
service of the youthful offender sentence, including
probation and parole, or during the five-year period
following completion of the defendant's sentence, including
probation and parole, for a first offense conviction as a
youthful offender for which the defendant was sentenced pursuant
to the provisions of Chapter 19, Title 24, Youthful Offender
Act, the circuit court may issue an order expunging the records.
No person may have the person's records expunged under 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. A person eligible for a sentence
pursuant to the provisions of Chapter 19, Title 24, Youthful
Offender Act, and who is not sentenced pursuant to those
provisions, is not eligible to have the person's record expunged
pursuant to the provisions of this section.
(C) After the
expungement, the South Carolina Law Enforcement Division is
required to keep a nonpublic record of the offense and the date
of its expungement to ensure that no person takes advantage of
the rights permitted by this section more than once. This
nonpublic record is not subject to release under Section
34-11-95, the Freedom of Information Act, or another provision
of law, except to those authorized law enforcement or court
officials who need this information in order to prevent the
rights afforded by this section from being taken advantage of
more than once."
SECTION 7. Article 11, Chapter 5, Title 22 of the 1976 Code is amended by adding:
"Section 22-5-930.
(A) Following a first offense
conviction of any offense under Title 44, Chapter 53, Article 3
involving the possession of a controlled substance, including
those charges for which the person would now be eligible for a
conditional discharge pursuant to Section 44-53-450, 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 and any associated bench warrant.
(B) If the defendant
had no other convictions during the three-year period as
provided in subsection (A), the circuit court may issue an order
expunging the records including any associated bench warrant.
(C) No person may have
the person's record expunged under this section if the person
has pending criminal charges of any kind. No person may have the
person's records expunged under this section more than once. No
person may have the person's records expunged if the person had
a conditional discharge with the prior five years from the date
of arrest for underlying conviction if for marijuana, and the
prior ten years from the date of arrest for the underlying
conviction if for any other controlled substance. A person may
have the person's record expunged even though the conviction
occurred before the effective date of this section.
(D) After the
expungement, the South Carolina Law Enforcement Division is
required to keep a nonpublic record of the offense and the date
of 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.
(E) As used in this
section, 'conviction' includes a guilty plea, a nolo contendere,
or the forfeiting of bail, including out-of-state convictions.
For the purpose of this section, any number of offenses that are
closely connected and arose out of the same incident may be
considered as one offense and treated as one conviction for
expungement purposes."
SECTION 8. Section 63-19-2050(C)(2) of the 1976 Code is amended to read:
"(2) If the person has been taken into custody for, charged with, or adjudicated delinquent for having committed a nonviolent crime, as defined in Section 16-1-70, the court may grant the expungement order. For the purpose of this section, any number of offenses for which the individual received a youthful offender sentence that are closely connected and arose out of the same incident may be considered as one offense and treated as one conviction for expungement purposes."
SECTION 9. Section 17-22-940(E) and (F) 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), 17-22-330(A), 22-5-910, or
44-53-450(b), the circuit pretrial intervention director,
alcohol education program director, traffic education program
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.
(F) SLED shall verify
and document that the criminal charges in all cases, except in
cases when charges are sought to be expunged pursuant to Section
17-1-40, Section 17-22-150(a), Section 17-22-530(A), Section
17-22-330(A), or Section 44-53-450(b), are appropriate for
expungement before the solicitor or his designee, and then a
circuit court judge, or a family court judge in the case of a
juvenile, signs the application for expungement. If the
expungement is sought pursuant to Section 34-11-90(e), Section
22-5-910, Section 22-5-920, Section 63-19-2050, or
Section 56-5-750(f), the conviction for any minor
traffic-related offense which is punishable only by a
fine or loss of points that is not related in any
way to driving under the influence of alcohol will not be
considered as a bar to expungement.
(1)
SLED shall receive a twenty-five dollar certified check or
money order from the solicitor or his designee on behalf of the
applicant made payable to SLED for each verification request,
except that no verification fee may be charged when an
expungement is sought pursuant to Section 17-1-40, Section
17-22-530(A), Section 17-22-330(A), Section 17-22-150(a), or
44-53-450(b). SLED then shall forward the necessary
documentation back to the solicitor's office involved in the
process.
(2)
In the case of juvenile expungements, verification and
documentation that the charge is statutorily appropriate for
expungement must first be accomplished by the Department of
Juvenile Justice and then SLED.
(3)
Neither SLED, the Department of Juvenile Justice, nor any
other official shall allow the applicant to take possession of
the application for expungement during the expungement
process."
SECTION 10. Article 9, Chapter 22, Title 17 of the 1976 Code is amended by adding:
"Section 17-22-960. Any employer that employs a worker who has had an expungement shall not, at any time, be subject to any administrative or legal claim or cause of action related to the worker's expunged offense. Employers shall not use expunged information adversely against an employee. No information related to an expungement shall be used or introduced as evidence in any administrative or legal proceeding involving negligent hiring, negligent retention, or similar claims."
SECTION 11. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.