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Indicates Matter Stricken
Indicates New Matter
Sponsors: Reps. Harrison, Viers, Hinson and Mahaffey
Document Path: l:\council\bills\swb\6171cm05.doc
Companion/Similar bill(s): 78
Introduced in the House on January 11, 2005
Currently residing in the House Committee on Judiciary
Summary: Certificates of compliance issued by Division of Training
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/8/2004 House Prefiled 12/8/2004 House Referred to Committee on Judiciary 1/11/2005 House Introduced and read first time HJ-58 1/11/2005 House Referred to Committee on Judiciary HJ-59
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VERSIONS OF THIS BILL
TO AMEND SECTION 24-21-990, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESTORATION OF A PERSON'S CIVIL RIGHTS ONCE HE RECEIVES A PARDON, SO AS TO PROVIDE THAT THE CRIMINAL RECORD OF A PERSON WHO RECEIVES A PARDON IS SUBJECT TO REVIEW UNDER CERTAIN CIRCUMSTANCES WHEN THE PERSON IS UNDER CONSIDERATION FOR CERTIFICATION AS A TRAINED LAW ENFORCEMENT OFFICER; TO AMEND SECTION 24-21-1000, RELATING TO THE ISSUANCE OF A CERTIFICATE OF PARDON, SO AS TO PROVIDE THAT PARDONED CRIMES AND CONVICTIONS MAY BE USED TO ENHANCE SUBSEQUENT OFFENSES THAT ARE ALLOWED BY LAW; AND TO AMEND SECTION 23-6-440, RELATING TO THE ISSUANCE OF CERTIFICATES THAT INDICATE THAT A PERSON HAS SUCCESSFULLY COMPLETED CERTAIN LAW ENFORCEMENT TRAINING, SO AS TO REVISE THE TYPE OF EVIDENCE THAT MUST BE SUBMITTED TO THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY THAT INDICATES THE PERSON HAS NOT BEEN CONVICTED OF CERTAIN CRIMINAL OFFENSES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 24-21-990(4) of the 1976 Code, as amended by Act 134 of 1991, is further amended to read:
"(4) hold public office, except as provided in Section 16-13-210 and Section 23-6-440;"
SECTION 2. Section 24-21-1000 of the 1976 Code is amended to read:
"Section 24-21-1000. For
those applicants an applicant to be granted a pardon, a certificate of pardon shall must be issued by the Board stating that the individual applicant is absolved from all legal consequences of his crime and conviction, except that pardoned crimes and convictions may be used to enhance subsequent offenses that are allowed by law, and that all of his civil rights are restored."
SECTION 3. Section 23-6-440(B)(4) and (5) of the 1976 Code is amended to read:
"(4) evidence satisfactory to the director that the applicant has not been convicted of
any a 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 a pardon or equivalent procedure, unless the pardon or equivalent procedure is based upon a finding of innocence. 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 a pardon or equivalent procedure, unless the pardon or equivalent procedure is based upon a finding of innocence.
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 4. This act takes effect upon approval by the Governor.
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