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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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