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TO AMEND SECTION 24-21-940, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED WITH REGARD TO A PARDON, SO AS TO PROVIDE THAT A SPECIFIC PROVISION OF LAW MAY LIMIT THE EFFECT OF A PARDON; AND TO AMEND SECTION 24-21-990, AS AMENDED, RELATING TO THE RESTORATION OF CIVIL RIGHTS LOST AS A RESULT OF CONVICTION, SO AS TO PROVIDE THAT CERTAIN CRIMINAL HISTORY BACKGROUND REVIEWS ARE NOT AFFECTED BY A PARDON.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 24-21-940 of the 1976 Code is amended to read:
"Section 24-21-940. A.(A) 'Pardon' means that an individual is fully pardoned from all the legal consequences of his crime and of his conviction, direct and collateral, including the punishment, whether of imprisonment, pecuniary penalty or whatever else the law has provided. A specific provision of law may limit the effect of a pardon.
B.(B) 'Successful completion of supervision' as used in this article shall mean means free of conviction of any type other than minor traffic offenses."
SECTION 2. Section 24-21-990 of the 1976 Code, as last amended by Act 104 of 1995, is further amended to read:
"Section 24-21-990. (A) 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;
(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.
(B) The prohibitions or limitations imposed on a person as a result of criminal history background reviews pursuant to Sections 20-7-1642, 20-7-2725(A), 20-7-2730(E), 20-7-2740(D), 20-7-2800(D), 20-7-2810(D), 20-7-2850(D), 20-7-2900(C), and 20-7-3097, and regulations related to these provisions are not affected by a pardon.
(C) If a provision of law or regulation provides for a criminal history background review in connection with licensing of, placement of a child with, service as a volunteer with, or employment with a child welfare agency as defined in Section 20-7-2230, the prohibition or limitation in a provision of law or regulation is not affected by a pardon. The term 'child welfare agency' includes child placing agencies as defined in Section 20-7-1650."
SECTION 3. This act takes effect upon approval by the Governor.
This web page was last updated on Thursday, June 25, 2009 at 10:23 A.M.