Current Status Bill Number:4588 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19960208 Primary Sponsor:Keyserling All Sponsors:Keyserling, Whatley, G. Brown, Wilder, S. Whipper, Lloyd, J. Hines, McCraw, Canty, L. Whipper, J. Brown, Byrd, M. Hines and Phillips Drafted Document Number:dka\3496cm.96 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Criminal records, destroying of; provisions
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ House 19960208 Introduced, read first time, 25 HJ referred to CommitteeView additional legislative information at the LPITS web site.
TO AMEND SECTION 17-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESTRUCTION OF CRIMINAL RECORDS AFTER DISCHARGE, DISMISSAL, OR FINDING OF INNOCENCE OF A PERSON, SO AS TO REQUIRE THE PRESIDING JUDGE TO ISSUE AN ORDER TO THE MUNICIPAL, COUNTY, OR STATE LAW ENFORCEMENT AGENCY THAT INITIATED THE ACTION AGAINST THE PERSON TO DESTROY THE PERSON'S CRIMINAL RECORD AND TO SEND A COPY OF THE ORDER TO THE PERSON AGAINST WHOM THE CHARGES WERE BROUGHT, AND TO REQUIRE THE LAW ENFORCEMENT AGENCY TO INFORM THE PERSON THAT HIS CRIMINAL RECORD HAS BEEN DESTROYED.
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. (A) Any After a person who after being has been charged with a criminal offense and such the charge is discharged or proceedings against such the person dismissed or the person is found to be innocent of such the charge, the arrest and booking record, files, mug shots, and fingerprints 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.
(B) The judge presiding over a case contained in subsection (A) shall issue an order to the municipal, county, or state law enforcement agency that initiated the action against the person which requires the enforcement of the provisions contained in subsection (A). The court must send a copy of this order to the person.
(C) Once a municipal, county, or state law enforcement agency complies with the provisions contained in subsections (A) and (B), it shall inform the person of its compliance by certified mail."
SECTION 2. This act takes effect upon approval by the Governor.