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Indicates Matter Stricken
Indicates New Matter
AS PASSED BY THE SENATE
May 19, 1999
H. 3640
S. Printed 5/19/99--S.
Read the first time April 28, 1999.
TO AMEND SECTION 17-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESTRUCTION OF THE CRIMINAL RECORDS OF A PERSON WHOSE CRIMINAL CHARGE HAS BEEN DISCHARGED OR DISMISSED OR WHO HAS BEEN FOUND INNOCENT OF A CRIMINAL CHARGE, SO AS TO PROVIDE THAT A CLERK OF COURT MUST DESTROY AND MUST NOT RETAIN THESE RECORDS.
Amend Title To Conform
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 If a person who after being is charged with a criminal an offense and such the charge is discharged or proceedings against such person dismissed, or if the person is found to be innocent not guilty 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 record pertaining to such charge shall be retained by any municipal, county or State law enforcement agency upon notification to the law enforcement agency and detention facility by a magistrate, municipal judge, circuit court judge, or clerk of court. No evidence of the record pertaining to the charge shall be retained by a municipal, county, or state law enforcement agency, detention facility, or a clerk of court. A court order shall not be required to destroy the arrest and booking record, files, mug shots, and fingerprints of the person."
SECTION 2. The 1976 Code is amended by adding:
"Section 30-9-85. If a clerk of court or register of deeds is presented with the requisite documents showing that a civil lien on property has been placed in error, the clerk of court or registrar of deeds is authorized to purge the record of the lien without a court order."
SECTION 3. The 1976 Code is amended by adding:
"Section 17-23-162. The affiant on an arrest warrant must be present at the preliminary hearing of the person arrested pursuant to the warrant."
SECTION 4. Section 20-7-8520 of the 1976 Code, as enacted by Act 383 of 1996, is amended by adding:
"(E) If a petition is filed against a juvenile for an offense and the petition is discharged or dismissed, or if the juvenile is not adjudicated delinquent, all records including mug shots and fingerprints maintained by law enforcement pursuant to Section 20-7-8510 must be destroyed upon notification to the law enforcement agency by the clerk of court. A court order shall not be required to destroy these records."
SECTION 5. This act takes effect upon approval by the Governor and applies retroactively and prospectively.
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