Current Status Introducing Body:House Bill Number:5074 Primary Sponsor:Martin Committee Number:25 Type of Legislation:GB Subject:Criminal records, expungement of; arrest records Residing Body:House Current Committee:Judiciary Computer Document Number:PT/1174DW.94 Introduced Date:19940413 Last History Body:House Last History Date:19940413 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Martin Delleney Thomas Baxley Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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5074 House 19940413 Introduced, read first time, 25
referred to Committee
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TO AMEND SECTION 17-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXPUNGEMENT OF CRIMINAL RECORDS, SO AS TO INCLUDE ANY OTHER OFFICIAL RECORD OF ARREST RETAINED BY A MUNICIPAL, COUNTY, OR STATE ENTITY RATHER THAN A LAW ENFORCEMENT AGENCY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 17-1-40 of the 1976 Code is amended to read:
"Section 17-1-40. Any A person who after being charged with a criminal offense and such the charge is discharged, or proceedings against such the person are dismissed, or is found to be innocent of such the charge the arrest and booking record, files, mug shots, and fingerprints, and any other official record of arrest of such the person shall must be destroyed and no evidence of such the record pertaining to such the charge shall must not be retained by any a municipal, county, or state law-enforcement agency."
SECTION 2. This act takes effect upon approval by the Governor.