South Carolina General Assembly
111th Session, 1995-1996

Bill 4588


Indicates Matter Stricken
Indicates New Matter


                    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



History


Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

House   19960208  Introduced, read first time,             25 HJ
                  referred to Committee

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

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.

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