South Carolina General Assembly
125th Session, 2023-2024
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Indicates Matter Stricken
Indicates New Matter
S. 112
STATUS INFORMATION
General Bill
Sponsors: Senators Allen, Hembree and Shealy
Document Path: SEDU-0010DB23.docx
Introduced in the Senate on January 10, 2023
Last Amended on March 21, 2023
Currently residing in the House
HISTORY OF LEGISLATIVE ACTIONS
Date | Body | Action Description with journal page number |
---|---|---|
11/30/2022 | Senate | Prefiled |
11/30/2022 | Senate | Referred to Committee on Banking and Insurance |
1/10/2023 | Senate | Introduced and read first time (Senate Journal-page 64) |
1/10/2023 | Senate | Referred to Committee on Banking and Insurance (Senate Journal-page 64) |
2/8/2023 | Scrivener's error corrected | |
2/23/2023 | Senate | Recalled from Committee on Banking and Insurance (Senate Journal-page 3) |
2/23/2023 | Senate | Committed to Committee on Judiciary (Senate Journal-page 3) |
3/3/2023 | Senate | Referred to Subcommittee: Hutto (ch), Matthews, Rice, Senn, Adams |
3/15/2023 | Senate | Committee report: Favorable with amendment Judiciary (Senate Journal-page 16) |
3/16/2023 | Scrivener's error corrected | |
3/21/2023 | Senate | Committee Amendment Adopted (Senate Journal-page 58) |
3/21/2023 | Senate | Read second time (Senate Journal-page 58) |
3/21/2023 | Senate | Roll call Ayes-40 Nays-0 (Senate Journal-page 58) |
3/22/2023 | Senate | Read third time and sent to House (Senate Journal-page 11) |
View the latest legislative information at the website
VERSIONS OF THIS BILL
12/01/2022
02/08/2023
03/15/2023
03/16/2023
03/21/2023
Indicates Matter Stricken
Indicates New Matter
Committee Amendment Adopted
March 21, 2023
S. 112
Introduced by Senators Allen, Hembree and Shealy
S. Printed 03/21/23--S.
Read the first time January 10, 2023
________
A bill
TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 34-11-90, RELATING TO JURISDICTION FOR OFFENSES INVOLVING CHECKS AND PENALTIES, SO AS TO PROVIDE A METHOD TO EXPUNGE CONVICTIONS; AND TO AMEND SECTION 17-22-910, AS AMENDED, RELATING TO APPLICATIONS FOR EXPUNGEMENT, SO AS TO ADD MULTIPLE MISDEMEANOR OFFENSES OF CHECK FRAUD TO THOSE OFFENSES ELIGIBLE FOR EXPUNGEMENT.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 34-11-90 of the S.C. Code is amended by adding:
(f) notwithstanding another provision of law, if a defendant receives multiple convictions within a three-year period of time in magistrates court for a violation of this section, the defendant may, after ten years from the date of the last conviction, apply or cause someone acting on his behalf to apply, to the court for an order expunging the records of arrest and the multiple convictions. This provision does not apply to any crime classified as a felony. If the defendant receives no other convictions during the ten-year period following the last conviction under this section and full restitution has been made on all checks that are the subject of the convictions, the court must issue an order expunging the records. No person may take advantage of the rights permitted by this subsection more than once. Neither the application for nor successful expungement of a qualifying applicant's record as authorized by subsection (e) precludes application for and expungement of a qualifying applicant's record under this subsection. After the expungement, the South Carolina Law Enforcement Division is required to keep a nonpublic record of the offense and the date of its expungement to ensure that no person takes advantage of the rights permitted by this subsection more than once. This nonpublic record is not subject to release under 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 this information in order to prevent the rights afforded by this subsection from being taken advantage of more than once.
SECTION 2. Section 17-22-910(A)(1) of the S.C. Code is amended to read:
(1) Section 34-11-90(e), first offense misdemeanor fraudulent check or Section 34-11-90(f), multiple misdemeanor offenses of fraudulent check;
SECTION 3. This act takes effect upon approval by the Governor.
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This web page was last updated on March 21, 2023 at 2:45 PM