South Carolina General Assembly
124th Session, 2021-2022

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Indicates Matter Stricken
Indicates New Matter

H. 3074

STATUS INFORMATION

General Bill
Sponsors: Reps. Pendarvis, Robinson, Cobb-Hunter, Matthews, Henegan, McDaniel and Henderson-Myers
Document Path: l:\council\bills\agm\19807cz21.docx

Introduced in the House on January 12, 2021
Currently residing in the House Committee on Labor, Commerce and Industry

Summary: Eviction

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   12/9/2020  House   Prefiled
   12/9/2020  House   Referred to Committee on Labor, Commerce and Industry
   1/12/2021  House   Introduced and read first time (House Journal-page 59)
   1/12/2021  House   Referred to Committee on Labor, Commerce and Industry 
                        (House Journal-page 59)
   2/23/2021  House   Member(s) request name added as sponsor: Matthews
   4/14/2021  House   Member(s) request name added as sponsor: Henegan, 
                        McDaniel, Henderson-Myers

View the latest legislative information at the website

VERSIONS OF THIS BILL

12/9/2020

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

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-40-670 SO AS TO PROVIDE THAT A TENANT MAY APPLY TO HAVE AN EVICTION ORDER SET ASIDE AND THE COURT RECORDS SEALED UNDER CERTAIN CIRCUMSTANCES.

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

SECTION    1.    Subarticle 1, Article 7, Chapter 40, Title 27 of the 1976 Code is amended by adding:

    "Section 27-40-670.    (A)    A tenant who was a defendant in an eviction action may file a motion in the court where judgment was entered for an order setting aside the judgment and placing the official record of the proceeding under seal. The court shall grant the motion if the judgment:

        (1)    ordered the payment of rent, damages, or both, and the tenant has satisfied the requirements of the judgment; or

        (2)    as a judgment of dismissal was entered in the tenant's favor.

    (B)    The tenant must provide written notice and a copy of the motion filed to the landlord. The landlord may file a written objection within thirty days of receiving the notice, and the court must schedule a hearing if an objection is filed.

    (C)    If no objection is filed or the court determines that the applicant meets the eligibility requirements of subsection (A), the court shall enter an appropriate order setting aside the judgment and sealing the official records of the action. Upon entry of the order, the judgment is deemed to have not been entered.

    (D)    A filing fee may not be charged for the filing of a motion pursuant to this section."

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

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This web page was last updated on April 14, 2021 at 12:45 PM