Bill 554

                    Current Status

Introducing Body:               Senate
Bill Number:                    554
Ratification Number:            458
Act Number:                     395
Primary Sponsor:                Pope
Type of Legislation:            GB
Subject:                        Criminal record, expungment
                                of
Date Bill Passed both Bodies:   May 12, 1992
Computer Document Number:       BR1/1151.AC
Governor's Action:              S
Date of Governor's Action:      Jun 01, 1992
Introduced Date:                Jan 29, 1991
Date of Last Amendment:         May 12, 1992
Last History Body:              ------
Last History Date:              Jun 01, 1992
Last History Type:              Act No. 395
Scope of Legislation:           Statewide
All Sponsors:                   Pope
Type of Legislation:            General Bill

 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 554   ------  Jun 01, 1992  Act No. 395
 554   ------  Jun 01, 1992  Signed by Governor
 554   ------  May 27, 1992  Ratified R 458
 554   House   May 12, 1992  Conference Committee Report     98
                             received, adopted, enrolled
                             for ratification
 554   Senate  May 05, 1992  Conference Committee Report     98
                             adopted
 554   House   Apr 14, 1992  Appointed Reps. to the          98
                             Committee of Conference
 554   Senate  Apr 09, 1992  Conference powers granted,      98
                             appointed Senators to
                             Committee of Conference
 554   Senate  Apr 09, 1992  Insists upon amendment
 554   House   Apr 01, 1992  Non-concurrence in Senate
                             amendment
 554   House   Mar 26, 1992  Debate adjourned on Senate
                             amendments until Tuesday,
                             March 31, 1992
 554   Senate  Mar 24, 1992  House amendments amended,
                             returned to House
 554   House   Mar 17, 1992  Read third time, returned
                             with amendment
 554   House   Mar 05, 1992  Amended, read second time
 554   House   Feb 26, 1992  Committee Report: Favorable     25
                             with amendment
 554   House   Jan 16, 1992  Introduced, read first time,    25
                             referred to Committee
 554   Senate  Jan 15, 1992  Amended, read third time,
                             sent to House
 554   Senate  Apr 23, 1991  Amended, read second time,
                             ordered to third reading with
                             notice of general amendments
 554   Senate  Apr 17, 1991  Committee Report: Favorable     11
                             with amendment
 554   Senate  Jan 29, 1991  Introduced, read first time,    11
                             referred to Committee

(A395, R458, S554)

AN ACT TO AMEND CHAPTER 5, TITLE 22, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATE'S POWERS AND DUTIES IN CRIMINAL MATTERS, BY ADDING ARTICLE 11 SO AS TO PROVIDE THAT A PERSON CONVICTED OF A FIRST OFFENSE IN MAGISTRATE'S COURT OR MUNICIPAL COURT MAY HAVE HIS CRIMINAL RECORD FOR THIS OFFENSE EXPUNGED UNDER CERTAIN CONDITIONS; TO PROVIDE EXCEPTIONS; TO PROVIDE PROCEDURES FOR KEEPING NONPUBLIC RECORDS AND TO PROVIDE THAT THESE RECORDS MAY NOT BE RELEASED UNDER THE FREEDOM OF INFORMATION ACT.

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

Expungement and recordkeeping procedures; exemptions; and exception to Freedom of Information Act

SECTION 1. Title 22, Chapter 5 of the 1976 Code is amended by adding:

Section 22-5-910. Following a first offense conviction in a magistrate's court or a municipal court, the defendant after one year from the date of the conviction 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. However, this section does not apply to an offense involving the operation of a motor vehicle or to a violation of Title 50 or the regulations promulgated thereunder for which points are assessed, suspension provided for, or enhanced penalties for subsequent offenses authorized. If the defendant has had no other conviction during the one-year period following the first offense conviction in a magistrate's court or a municipal court, the circuit court shall issue an order expunging the records. No person may have his records expunged under this section more than one time.

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 under 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.

As used in this section, `conviction' includes a guilty plea, a plea of nolo contendere, or the forfeiting of bail."

Time effective

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

Approved the 1st day of June, 1992.