South Carolina General Assembly
118th Session, 2009-2010

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A167, R197, H4205

STATUS INFORMATION

General Bill
Sponsors: Reps. G.R. Smith, G.M. Smith, Wylie, Hutto and Viers
Document Path: l:\council\bills\ms\7427ahb10.docx

Introduced in the House on January 12, 2010
Introduced in the Senate on April 20, 2010
Last Amended on April 15, 2010
Passed by the General Assembly on April 22, 2010
Governor's Action: May 12, 2010, Signed

Summary: Criminal records

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  11/17/2009  House   Prefiled
  11/17/2009  House   Referred to Committee on Judiciary
   1/12/2010  House   Introduced and read first time HJ-29
   1/12/2010  House   Referred to Committee on Judiciary HJ-29
   2/25/2010  House   Member(s) request name added as sponsor: Hutto
   3/24/2010  House   Committee report: Favorable with amendment Judiciary 
                        HJ-26
   3/25/2010  House   Member(s) request name added as sponsor: Viers
   4/15/2010  House   Amended HJ-39
   4/15/2010  House   Read second time HJ-40
   4/15/2010  House   Unanimous consent for third reading on next legislative 
                        day HJ-40
   4/16/2010  House   Read third time and sent to Senate HJ-1
   4/20/2010  Senate  Introduced, read first time, placed on calendar without 
                        reference SJ-5
   4/21/2010  Senate  Read second time SJ-31
   4/22/2010  Senate  Read third time and enrolled SJ-17
    5/6/2010          Ratified R 197
   5/12/2010          Signed By Governor
   5/21/2010          Effective date 05/12/10
   5/25/2010          Act No. 167

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

11/17/2009
3/24/2010
4/15/2010
4/20/2010

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A167, R197, H4205)

AN ACT TO AMEND SECTION 17-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESTRUCTION OF CRIMINAL RECORDS WHEN A CHARGE IS DISMISSED OR THE PERSON IS FOUND INNOCENT, SO AS TO PROVIDE THAT THE PROVISIONS OF THE SECTION DO NOT APPLY TO CERTAIN OFFENSES INVOLVING VIOLATIONS OF BOATING AND DRIVING LAWS, CERTAIN ENACTMENTS PURSUANT TO THE AUTHORITY OF COUNTIES AND MUNICIPALITIES, AND OTHER STATE CRIMINAL OFFENSES IF THE VIOLATOR IS NOT FINGERPRINTED; AND TO ALLOW FOR THE ELECTRONIC TRANSMISSION OF INFORMATION WITH REGARD TO THIS SECTION.

Be it enacted by the General Assembly of the State of South Carolina:

Expungement of criminal charges, exceptions, electronic transmission of information

SECTION    1.    Section 17-1-40 of the 1976 Code, as last amended by Act 36 of 2009, is further amended by adding appropriately lettered subsections at the end to read:

"( )    This section does not apply to a person who is charged with a violation of Title 50, Title 56, an enactment pursuant to the authority of counties and municipalities provided in Titles 4 and 5, or any other state criminal offense if the person is not fingerprinted for the violation.

( )        The State Law Enforcement Division is authorized to promulgate regulations that allow for the electronic transmission of information pursuant to this section."

Time effective

SECTION    2.    This act takes effect upon approval by the Governor.

Ratified the 6th day of May, 2010.

Approved the 12th day of May, 2010.

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This web page was last updated on Friday, August 16, 2013 at 1:57 P.M.