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S. 810
STATUS INFORMATION
General Bill
Sponsors: Senators Knotts and Ford
Document Path: l:\council\bills\swb\5747cm04.doc
Introduced in the Senate on January 13, 2004
Currently residing in the Senate
Summary: Law enforcement officers, requirements revised for prospective employers when DPS certificate of compliance is sought; pardons crimes and convictions, subsequent offenses
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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1/13/2004 Senate Introduced and read first time SJ-30
1/13/2004 Senate Referred to Committee on Judiciary SJ-30
4/7/2004 Senate Committee report: Majority favorable with amend.,
minority unfavorable Judiciary SJ-7
4/8/2004 Scrivener's error corrected
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
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Indicates New Matter
COMMITTEE REPORT
April 7, 2004
S. 810
S. Printed 4/7/04--S. [SEC 4/8/04 3:56 PM]
Read the first time January 13, 2004.
To whom was referred a Bill (S. 810) to amend Section 23-6-440, as amended, Code of Laws of South Carolina, 1976, relating to the issuance of certificates and other appropriate indicia of compliance, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Sections 23-6-440(B)(4) and (B)(5)(d) of the 1976 Code, as last amended by Act 505 of 1994, are further amended to read:
"(4) evidence satisfactory to the director that the applicant has not been convicted of any criminal offense that carries provides for a sentence of more than one year or more or of any criminal offense that involves moral turpitude, regardless of any pardon in this State or an equivalent procedure in another jurisdiction, unless the pardon or equivalent procedure is based on a finding of innocence. A finding of innocence must be stated on the face of the pardon. Forfeiture of bond, a guilty plea, or a plea of nolo contendere is considered the equivalent of a conviction;
(5) evidence satisfactory to the director that the candidate is a person of good character. This evidence must include, but is not limited to:
(a) certification by the candidate's employer that a background investigation has been conducted and the employer is of the opinion that the candidate is of good character;
(b) evidence satisfactory to the director that the candidate holds a valid current South Carolina driver's license with no record during the previous five years for suspension of driver's license as a result of driving under the influence of alcoholic beverages or dangerous drugs, driving while impaired (or the equivalent), reckless homicide, involuntary manslaughter, or leaving the scene of an accident. Candidates for certification as Class II-SCO (Department of Corrections) in any county with a prison system that borders another state may hold a valid current driver's license issued by any jurisdiction of the United States;
(c) evidence satisfactory to the director that a local credit check has been made with favorable results;
(d) evidence satisfactory to the director that the candidate's fingerprint record as received from the Federal Bureau of Investigation and South Carolina Law Enforcement Division indicates no record of felony convictions, regardless of any pardon in this State or an equivalent procedure in another jurisdiction unless the pardon or equivalent procedure is based on a finding of innocence. A finding of innocence must be stated on the face of the pardon.
In the director's determination of good character, the director shall give consideration to all law violations, including traffic and conservation law convictions, as indicating a lack of good character. The director shall also give consideration to the candidate's prior history, if any, of alcohol and drug abuse in arriving at a determination of good character;"
SECTION 2. Section 24-21-990 of the 1976 Code is amended to read:
"Section 24-21-990. A pardon shall fully restore restores all civil rights lost as a result of a conviction, which shall include includes the right to:
(1) register to vote;
(2) vote;
(3) serve on a jury;
(4) hold public office, except as provided in Section 16-13-210 and Section 23-6-440;
(5) testify without having the fact of his conviction introduced for impeachment purposes to the extent provided by Rule 609(c) of the South Carolina Rules of Evidence;
(6) not have his testimony excluded in a legal proceeding if convicted of perjury; and
(7) be licensed for any occupation requiring a license."
SECTION 3. Section 24-21-1000 of the 1976 Code is amended to read:
"Section 24-21-1000. (A) For those applicants to be granted a pardon, a certificate of pardon shall be issued by the Board board stating that the individual is absolved from all legal consequences of his crime and conviction, except as provided in subsection (B), and that all of his civil rights are restored.
(B) A pardoned conviction may be used to enhance a subsequent offense where otherwise allowed by law, unless the pardon is based on a finding of innocence. A finding of innocence must be stated on the face of the pardon."
SECTION 4. This act takes effect upon approval by the Governor and applies to offenses committed on or after the effective date. /
Renumber sections to conform.
Amend title to conform.
Majority favorable. Minority unfavorable.
JOHN M. KNOTTS, JR. MAGGIE W. GLOVER
For Majority. For Minority.
TO AMEND SECTION 23-6-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CERTIFICATES AND OTHER APPROPRIATE INDICIA OF COMPLIANCE AND QUALIFICATION TO LAW ENFORCEMENT OFFICERS OR OTHER PERSONS TRAINED BY THE DEPARTMENT OF PUBLIC SAFETY'S DIVISION OF TRAINING AND CONTINUING EDUCATION, SO AS TO REVISE THE TYPE OF EVIDENCE RELATING TO CRIMINAL CONVICTIONS THAT AN EMPLOYER OF A LAW ENFORCEMENT OFFICER MUST PROVIDE TO THE DEPARTMENT REGARDING ANY OFFICER WHO IS A CANDIDATE FOR CERTIFICATION; AND TO AMEND SECTION 24-21-1000, RELATING TO A CERTIFICATE OF PARDON ISSUED TO A PERSON WHO IS GRANTED A PARDON, SO AS TO PROVIDE THAT PARDONED CRIMES AND CONVICTIONS MAY BE USED TO ENHANCE CERTAIN SUBSEQUENT OFFENSES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 23-6-440(B)(4) of the 1976 Code, as last amended by Act 505 of 1994, is further amended to read:
"(4) evidence satisfactory to the director that the applicant has not been convicted of any criminal offense that carries provides for a sentence of more than one year or more or of any criminal offense that involves moral turpitude, regardless of any pardon or equivalent procedure, unless the pardon or equivalent procedure is based on a finding of innocence. Forfeiture of bond, a guilty plea, or a plea of nolo contendere is considered the equivalent of a conviction;"
SECTION 2. Section 24-21-1000 of the 1976 Code is amended to read:
"Section 24-21-1000. For those applicants to be granted a pardon, a certificate of pardon shall be issued by the board stating that the individual is absolved from all legal consequences of his crime and conviction, except that pardoned crimes and convictions may be used to enhance subsequent offenses where otherwise allowed by law, and that all of his civil rights are restored."
SECTION 3. This act takes effect upon approval by the Governor.
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