South Carolina General Assembly
122nd Session, 2017-2018

Download This Bill in Microsoft Word format

A262, R292, H3789

STATUS INFORMATION

General Bill
Sponsors: Reps. Govan, Yow, Henegan, J.E. Smith, Thigpen, Hart, Clemmons, Whipper and Brown
Document Path: l:\council\bills\bh\7096ahb17.docx
Companion/Similar bill(s): 451

Introduced in the House on February 16, 2017
Introduced in the Senate on April 4, 2017
Last Amended on June 27, 2018
Passed by the General Assembly on June 27, 2018
Governor's Action: July 2, 2018, Signed

Summary: SC Youth Challenge Academy and SC Jobs Challenge Program Expungement Act

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   2/16/2017  House   Introduced and read first time (House Journal-page 19)
   2/16/2017  House   Referred to Committee on Judiciary 
                        (House Journal-page 19)
    3/7/2017  House   Member(s) request name added as sponsor: Clemmons
   3/29/2017  House   Committee report: Favorable Judiciary 
                        (House Journal-page 40)
   3/30/2017  House   Member(s) request name added as sponsor: Whipper, Brown
   3/30/2017  House   Read second time (House Journal-page 36)
   3/30/2017  House   Roll call Yeas-102  Nays-0 (House Journal-page 37)
   3/30/2017  House   Unanimous consent for third reading on next legislative 
                        day (House Journal-page 38)
   3/31/2017  House   Read third time and sent to Senate (House Journal-page 3)
    4/4/2017  Senate  Introduced and read first time (Senate Journal-page 9)
    4/4/2017  Senate  Referred to Committee on Judiciary 
                        (Senate Journal-page 9)
   4/18/2017  Senate  Referred to Subcommittee: Hutto (ch), Malloy, Shealy, 
                        Rice, Timmons
    5/3/2017  Senate  Committee report: Favorable with amendment Judiciary 
                        (Senate Journal-page 17)
    5/9/2017  Senate  Committee Amendment Adopted (Senate Journal-page 55)
    5/9/2017  Senate  Read second time (Senate Journal-page 55)
    5/9/2017  Senate  Roll call Ayes-39  Nays-0 (Senate Journal-page 55)
   5/10/2017  Senate  Read third time and returned to House with amendments 
                        (Senate Journal-page 42)
   5/10/2017  House   Senate amendment amended (House Journal-page 101)
   5/10/2017  House   Returned to Senate with amendments 
                        (House Journal-page 101)
   5/10/2017  House   Roll call Yeas-92  Nays-0 (House Journal-page 108)
   1/23/2018  Senate  Recommitted to Committee on Judiciary 
                        (Senate Journal-page 26)
   3/20/2018  Senate  Recalled from Committee on Judiciary 
                        (Senate Journal-page 3)
   3/22/2018  Senate  Non-concurrence in House amendment 
                        (Senate Journal-page 40)
    4/3/2018  House   House insists upon amendment and conference committee 
                        appointed Reps. Pope, Murphy, Weeks 
                        (House Journal-page 55)
   5/10/2018  Senate  Conference committee appointed Campsen, Young, Scott 
                        (Senate Journal-page 23)
   6/27/2018  House   Conference report received and adopted 
                        (House Journal-page 92)
   6/27/2018  House   Roll call Yeas-100  Nays-0 (House Journal-page 96)
   6/27/2018  Senate  Conference report received and adopted 
                        (Senate Journal-page 45)
   6/27/2018  Senate  Roll call Ayes-39  Nays-1 (Senate Journal-page 45)
   6/27/2018  Senate  Ordered enrolled for ratification 
                        (Senate Journal-page 45)
   6/29/2018          Ratified R 292
    7/2/2018          Signed By Governor
    7/5/2018          Effective date 07/02/18
   7/12/2018          Act No. 262

View the latest legislative information at the website

VERSIONS OF THIS BILL

2/16/2017
3/29/2017
5/3/2017
5/9/2017
5/10/2017
6/27/2018


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

(A262, R292, H3789)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA YOUTH CHALLENGE ACADEMY AND SOUTH CAROLINA JOBS CHALLENGE PROGRAM EXPUNGEMENT ACT"; BY ADDING ARTICLE 10 TO CHAPTER 22, TITLE 17 SO AS TO PROVIDE THAT PERSONS ELIGIBLE FOR EXPUNGEMENT OF A CRIMINAL RECORD PURSUANT TO CERTAIN DESIGNATED PROVISIONS WHO SUCCESSFULLY GRADUATE AND COMPLETE THE SOUTH CAROLINA YOUTH CHALLENGE ACADEMY AND SOUTH CAROLINA JOBS CHALLENGE PROGRAM ADMINISTERED BY THE SOUTH CAROLINA ARMY NATIONAL GUARD MAY APPLY TO HAVE THEIR RECORD EXPUNGED UPON SUCCESSFUL GRADUATION AND COMPLETION OF THE PROGRAMS UNDER CERTAIN DELINEATED CIRCUMSTANCES; TO AMEND SECTION 17-22-910, RELATING TO APPLICATIONS FOR EXPUNGEMENT OF CERTAIN CRIMINAL RECORDS, SO AS TO ADD PERSONS WHO COMPLETE THE YOUTH CHALLENGE ACADEMY AND JOBS CHALLENGE PROGRAM TO THE LIST OF THOSE THAT ARE ABLE TO APPLY FOR EXPUNGEMENT; AND TO AMEND SECTION 17-22-940, RELATING TO THE EXPUNGEMENT PROCESS, SO AS TO INCLUDE A REFERENCE TO THE DIRECTOR OF THE SOUTH CAROLINA YOUTH CHALLENGE ACADEMY ATTESTING TO THE ELIGIBILITY OF THE CHARGE FOR EXPUNGEMENT ON AN EXPUNGEMENT APPLICATION.

Whereas, the South Carolina General Assembly recognizes the efforts of the South Carolina National Guard in administering the South Carolina Youth Challenge Academy program designed to help at-risk youth learn basic skills and achieve the education necessary to succeed in life; and

Whereas, offering two classes a year, the program provides a unique educational environment and serves the state's youth looking for a second chance to succeed; and

Whereas, the program is led by current and retired members of the South Carolina Army National Guard and other branches of the military providing military leadership and discipline to students in the program with the eight core components of the intensive residential program being academic excellence, life-coping skills, job skills, health and hygiene, responsible citizenship, service to community, leadership/followership, and physical fitness; and

Whereas, in partnership with the federal Department of Labor, the State is pleased to offer youth who successfully graduate from the program an opportunity to take part in a five and one-half month South Carolina Jobs Challenge Program which provides training for careers in such fields as nursing assistance, welding, and computer technology; and

Whereas, this approximate yearlong commitment by youth ages sixteen to nineteen towards building a better future warrants allowing those youths that may have a criminal record otherwise eligible for expungement to apply to have their record expunged upon the successful graduation and completion of the South Carolina Youth Challenge Academy and the South Carolina Jobs Challenge Program administered by the South Carolina Army National Guard. Now, therefore,

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

Citation of act

SECTION    1.    This act may be cited as the "South Carolina Youth Challenge Academy and South Carolina Jobs Challenge Program Expungement Act".

South Carolina Youth Challenge Academy and South Carolina Jobs Challenge Program Expungement

SECTION    2.    Chapter 22, Title 17 of the 1976 Code is amended by adding:

"Article 10

South Carolina Youth Challenge Academy

and South Carolina Jobs Challenge Program Expungement

Section 17-22-1010.    (A)    A person who is eligible for expungement of his criminal record pursuant to the provisions of Sections 22-5-910, 22-5-920, 34-11-90(e), and 56-5-750(F) may apply to have his record expunged pursuant to the procedures provided in Article 9 if he graduates and successfully completes the South Carolina Youth Challenge Academy and the South Carolina Jobs Challenge Program administered by the South Carolina Army National Guard. Notwithstanding another provision of law, such person may apply for expungement immediately upon graduation and successful completion of the South Carolina Youth Challenge Academy and the South Carolina Jobs Challenge Program.

(B)    If the person has had no other conviction during the approximately one-year period as provided in subsection (A), the circuit court may issue an order expunging the records including any associated bench warrant. No person may have his records expunged under this section more than once.

(C)    If the expungement order is granted by the court, the records must be destroyed or retained by any law enforcement agency or municipal, county, or state agency or department pursuant to the provisions of Section 17-1-40.

(D)    The effect of the expungement order is to restore the person, in the contemplation of the law, to the status he occupied before the arrest or indictment or information. No person as to whom the order has been entered may be held pursuant to another provision of law to be guilty of perjury or otherwise giving a false statement by reason of his failure to recite or acknowledge the arrest, or indictment or information, or trial in response to an inquiry made of him for any purpose.

(E)    After the expungement, the South Carolina Law Enforcement Division is required to keep a nonpublic record of the offense and the date of the expungement to ensure that no person takes advantage of the rights of this section more than once. This nonpublic record is not subject to release pursuant to Section 34-11-95, the Freedom of Information Act, or any other provision of law except to those authorized law or court officials who need to know this information in order to prevent the rights afforded by this section from being taken advantage of more than once.

(F)    As used in this section, 'conviction' includes a guilty plea, a plea of nolo contendere, or the forfeiting of bail."

Expungement, Youth Challenge Academy and Jobs Challenge Program added, similar offenses, retroactivity

SECTION    3.    Section 17-22-910 of the 1976 Code is amended to read:

"Section 17-22-910.    (A)    Applications for expungement of all criminal records must be administered by the solicitor's office in each circuit in the State as authorized pursuant to:

(1)    Section 34-11-90(e), first offense misdemeanor fraudulent check;

(2)    Section 44-53-450(b), conditional discharge;

(3)    Section 22-5-910, first offense conviction in magistrates court;

(4)    Section 22-5-920, youthful offender act;

(5)    Section 56-5-750(F), first offense failure to stop when signaled by a law enforcement vehicle;

(6)    Section 17-22-150(a), pretrial intervention;

(7)    Section 17-1-40, criminal records destruction, except as provided in Section 17-22-950;

(8)    Section 63-19-2050, juvenile expungements;

(9)    Section 17-22-530(A), alcohol education program;

(10)    Section 17-22-330(A), traffic education program;

(11)    Section 17-22-1010, Youth Challenge Academy and Jobs Challenge Program; and

(12)    any other statutory authorization.

(B)    A person's eligibility for expungement of an offense contained in this section, or authorized by any other provision of law, must be based on the offense that the person pled guilty to or was convicted of committing and not on an offense for which the person may have been charged. In addition, if an offense for which a person was convicted is subsequently repealed and the elements of the offense are consistent with an existing similar offense which is currently eligible for expungement, a person's eligibility for expungement of an offense must be based on the existing similar offense.

(C)    The provisions of this section apply retroactively to allow expungement as provided by law for each offense delineated in subsection (A) by persons convicted prior to the enactment of this section or the addition of a specific item contained in subsection (A)."

Expungement, eligibility, Youth Challenge Academy director added

SECTION    4.    Section 17-22-940(E) of the 1976 Code is amended to read:

"(E) In cases when charges are sought to be expunged pursuant to Section 17-22-150(a), 17-22-530(a), 22-5-910, 44-53-450(b), or 17-22-1010, the circuit pretrial intervention director, alcohol education program director, traffic education program director, South Carolina Youth Challenge Academy director, or summary court judge shall attest by signature on the application to the eligibility of the charge for expungement before either the solicitor or his designee and then the circuit court judge, or the family court judge in the case of a juvenile, signs the application for expungement."

Time effective

SECTION    5.    This act takes effect upon approval by the Governor.

Ratified the 29th day of June, 2018.

Approved the 2nd day of July, 2018.

__________


This web page was last updated on July 27, 2018 at 3:08 PM