South Carolina General Assembly
125th Session, 2023-2024

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Indicates Matter Stricken
Indicates New Matter

S. 1166

STATUS INFORMATION

General Bill
Sponsors: Senators Tedder, Stephens and Rice
Document Path: LC-0551CM24.docx

Introduced in the Senate on March 14, 2024
Introduced in the House on April 23, 2024
Last Amended on May 7, 2024
Currently residing in the Senate

Summary: Dismissal of pending handgun possession charges

HISTORY OF LEGISLATIVE ACTIONS

Date Body Action Description with journal page number
3/14/2024 Senate Introduced and read first time (Senate Journal-page 5)
3/14/2024 Senate Referred to Committee on Judiciary (Senate Journal-page 5)
4/4/2024 Senate Recalled from Committee on Judiciary (Senate Journal-page 3)
4/17/2024 Senate Amended (Senate Journal-page 68)
4/17/2024 Senate Read second time (Senate Journal-page 68)
4/17/2024 Senate Roll call Ayes-43 Nays-0 (Senate Journal-page 68)
4/18/2024 Senate Read third time and sent to House (Senate Journal-page 13)
4/23/2024 House Introduced and read first time (House Journal-page 16)
4/23/2024 House Referred to Committee on Judiciary (House Journal-page 16)
5/1/2024 House Committee report: Favorable with amendment Judiciary
5/7/2024 House Amended (House Journal-page 128)
5/7/2024 House Read second time (House Journal-page 128)
5/7/2024 House Roll call Yeas-112 Nays-2 (House Journal-page 129)
5/8/2024 House Read third time and returned to Senate with amendments (House Journal-page 298)
5/9/2024 Senate Concurred in House amendment and enrolled
5/9/2024 Senate Roll call Ayes-44 Nays-0

View the latest legislative information at the website

VERSIONS OF THIS BILL

03/14/2024
04/04/2024
04/17/2024
05/01/2024
05/07/2024



Indicates Matter Stricken

Indicates New Matter

 

Amended

May 07, 2024

 

S. 1166

 

Introduced by Senators Stephens and Rice

 

S. Printed 05/07/24--H.

Read the first time April 23, 2024

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY Amending SECTION 17-1-65, relating to the S.C. Constitutional carry/second amendment preservation act of 2024, SO AS TO PROVIDE THE STATE MUST DISMISS CERTAIN PENDING UNLAWFUL HANDGUN POSSESSION CHARGES.

    Amend Title To Conform

 

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

 

SECTION 1.  Section 17-1-65 of the S.C. Code is amended to read:

 

    Section 17-1-65. (A) A person may apply for an expungement of one conviction for unlawful possession of a handgun as provided in Section 16-23-20, if the conviction occurred prior to the enactment of the S.C. Constitutional Carry/Second Amendment Preservation Act of 2024. An application under this section must be made within five years of the enactment of this section.

    (B) The State must dismiss all charges pending against a person for unlawful possession of a handgun pursuant to Section 16-23-20 that were nullified by the enactment of the S.C. Constitutional Carry/Second Amendment Preservation Act of 2024, notwithstanding the savings clause contained in SECTION 25 of that act. However, if such unlawful possession of a handgun charge was used as probable cause for another offense arising from the same incident, this section does not mandate that those associated charges be dismissed. Dismissal of the Section 16-23-20 charge may not serve as a basis or support for any civil action due to the arrest of the Section 16-23-20 charge by law enforcement officers or prosecutors.

 

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

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This web page was last updated on May 7, 2024 at 6:34 PM