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INTRODUCED
March 24, 1999
S. 654
S. Printed 3/24/99--S.
Read the first time March 24, 1999.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-8926, SO AS TO PROVIDE A CONDITIONAL DISCHARGE FOR A FIRST OFFENSE OF PURCHASING OR POSSESSING BEER, ALE, PORTER, WINE, FERMENTED BEVERAGES OR ALCOHOLIC LIQUORS BY A PERSON UNDER TWENTY-ONE YEARS OF AGE; AND TO AUTHORIZE SUCH PERSONS TO APPLY TO THE COURT FOR AN ORDER EXPUNGING ALL RECORDS RELATING TO THE ARREST, INDICTMENT OR INFORMATION, TRIAL, FINDING OF GUILTY, AND DISMISSAL; AND BY ADDING SECTION 61-4-595, SO AS TO PROVIDE THAT THE HOLDER OF A PERMIT FOR THE SALE OF BEER OR WINE WHO IS CHARGED WITH SELLING BEER OR WINE TO A PERSON UNDER TWENTY-ONE YEARS OF AGE MAY USE AS A MITIGATING CIRCUMSTANCE PROGRAMS USED BY THE PERMIT HOLDER TO EDUCATE AND TRAIN ITS EMPLOYEES ON THE PREVENTION OF THE SALE OF BEER OR WINE TO PERSONS UNDER TWENTY-ONE YEARS OF AGE, AND TO FURTHER PROVIDE THAT IF THE PERMIT HOLDER AND HIS EMPLOYEES PARTICIPATE IN SUCH A PROGRAM, THE ADMINISTRATIVE LAW JUDGE MAY DISMISS THE CHARGES AGAINST THE PERMIT HOLDER.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 20-7-8926. (A) If any person who has not previously been convicted of any offense under any state or federal statute relating to the purchase or possession of beer, ale, porter, wine, malt, fermented beverages, or alcoholic liquors by a person under twenty-one years of age, pleads guilty to, is convicted of, or is adjudicated delinquent for purchasing or possessing beer, ale porter, wine, malt, fermented beverages, or alcoholic liquors by a person under twenty-one years of age, the court, upon verification that the person has never been accepted into a Pretrial Intervention Program as provided in Chapter 22 of Title 17, without entering a judgment of guilt, and with the consent of the accused, may defer further proceedings and place the person on probation upon terms and conditions as the court requires, including the requirement that the person cooperate in a treatment and rehabilitation program.
Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed with sentencing the person for the offense committed. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him. Discharge and dismissal under this section shall be without court adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including the additional penalties imposed for second or subsequent convictions.
However, a nonpublic record shall be forwarded to and retained by the South Carolina Law Enforcement Division solely for the courts' use in determining whether or not a person has committed a subsequent offense under this article. No discharge and dismissal under this section may occur more than once with respect to any person.
(B) If, upon the dismissal of a person and discharge of the proceedings against him under subsection (A), the person was not more than twenty-one years of age at the time of the offense, he may apply to the court for an order to expunge from all official records (other than the nonpublic records to be retained as provided in subsection (A)) all records relating to his arrest, indictment, petition, information, trial, finding of guilty, adjudication, and dismissal and discharge pursuant to this section. If the court determines after a hearing that the person was dismissed and the proceedings against him discharged and that he was not more than twenty-one years of age at the time of the offense, the court shall enter the order described in this subsection. The effect of the order shall be to restore the person, in the contemplation of the law, to the status he occupied before the arrest, indictment, petition, or information. No person as to whom an order has been entered pursuant to this subsection shall be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of his failure to recite or acknowledge the arrest, indictment, petition, information, or trial in response to any inquiry made of him for any purpose."
SECTION 2. The 1976 Code is amended by adding:
"Section 61-4-595. The holder of a permit for the sale of beer or wine charged with the act of selling or transferring beer or wine to a person under twenty-one years of age may offer as a mitigating circumstance programs used by the permit holder to educate and train its employees on the prevention of the sale or transfer of beer or wine to persons under twenty-one years of age. Upon satisfaction to the Administrative Law Judge that the permit holder and its employees participate in programs designed to prevent the sale or transfer of beer or wine to persons under twenty-one years of age, the Administrative Law Judge may dismiss the charge against the permit holder. Dismissal under this section shall be without a determination by the Administrative Law Judge of the merits of the charge by the department and is not a conviction of an offense for which additional penalties may be imposed for second or subsequent offenses. A nonpublic record shall by forwarded to and retained by the Department of Revenue solely for use in determining whether or not a person has committed a subsequent offense. Discharge and dismissal under this section may occur only once with respect to a location."
SECTION 3. This act takes effect upon approval by the Governor.
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