Reference is to the bill as introduced.
Amend the bill, as and if amended, by striking all after enacting words and inserting:
/SECTION 1. Section 16-17-530 of the 1976 Code is amended to read:
"Section 16-17-530.
(A) Any
A person who shall (a) be is: (1)
found on any highway or at any public place or public gathering
in a grossly intoxicated condition or otherwise
conducting conducts himself in a
disorderly or boisterous manner,;
(b)(2) use uses
obscene or profane language on any highway or at any public
place or gathering or in hearing distance of any schoolhouse or
church; or (c)(3) while under the
influence or feigning to be under the influence of intoxicating
liquor, without just cause or excuse, discharge
discharges any gun, pistol, or other firearm while
upon or within fifty yards of any public road or highway, except
upon his own premises, shall be deemed
is guilty of a misdemeanor and, upon
conviction, shall must be fined
not more than one hundred dollars or be imprisoned for not more
than thirty days. However, conditional discharge may be
granted by the court in accordance with the provisions of this
section upon approval by the circuit solicitor.
(B) When
a person who has not previously been convicted of an offense
pursuant to this section or any similar offense under any state
or federal statute relating to drunk or disorderly conduct
pleads guilty to or is found guilty of a violation of this
section, the court, without entering a judgment of guilt and
with the consent of the accused, may defer further proceedings
and place him on probation upon terms and conditions as it
requires, including the requirement that the person cooperate in
a treatment and rehabilitation program of a state-supported
facility, if available. Upon violation of a term or condition,
the court may enter an adjudication of guilt and proceed as
otherwise provided. Upon fulfillment of the terms and
conditions, the court shall discharge the person and dismiss the
proceedings against him. Discharge and dismissal pursuant to
this section is without court adjudication of guilt and is not a
conviction for purposes of this section or for purposes of
disqualifications or disabilities imposed by law upon conviction
of a crime. However, a nonpublic record must be forwarded to and
retained by the South Carolina Law Enforcement Division solely
for the purpose of use by the courts in determining whether or
not a person has committed a subsequent offense pursuant to this
section. Discharge and dismissal pursuant to this section may
occur only once with respect to any person.
(C) Upon
the dismissal of the person and discharge of the proceedings
against him pursuant to subsection (B), the person may apply to
the court for an order to expunge from all official records
(other than the nonpublic records to be retained as provided in
subsection (B)) all recordation relating to his arrest,
indictment or information, trial, finding of guilty, and
dismissal and discharge pursuant to this section. If the court
determines, after a hearing, that the person was dismissed and
the proceedings against him discharged, it shall enter the
order. The effect of the 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.
(D)
Before a person may be discharged and the proceedings
dismissed pursuant to this section, the person must pay a fee to
the summary court of one hundred fifty dollars. No portion of
the fee may be waived, reduced, or suspended, except in cases of
indigency. If the court determines that a person is indigent,
the court may partially or totally waive, reduce, or suspend the
fee. The revenue collected pursuant to this subsection must be
retained by the jurisdiction that heard or processed the case
and paid to the State Treasurer within thirty days of receipt.
The State Treasurer shall transmit these funds to the
Prosecution Coordination Commission which shall then apportion
these funds among the sixteen judicial circuits on a per capita
basis equal to the population in that circuit compared to the
population of the State as a whole based on the most recent
official United States census. The funds must be used for drug
treatment court programs only. The amounts generated by this
subsection are in addition to any amounts presently being
provided for drug treatment court programs and may not be used
to supplant funding already allocated for these services. The
State Treasurer may request the State Auditor to examine the
financial records of a jurisdiction which he believes is not
timely transmitting the funds required to be paid to the State
Treasurer pursuant to this subsection. The State Auditor is
further authorized to conduct these examinations and the local
jurisdiction is required to participate in and cooperate fully
with the examination."
SECTION 2. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.