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A73, R85, H3890

STATUS INFORMATION

General Bill
Sponsors: Reps. Rose, Murphy, Brewer, Mitchell, Robbins, Schuessler, Guest, King and B. Newton
Document Path: LC-0127AHB23.docx

Introduced in the House on February 7, 2023
Introduced in the Senate on March 9, 2023
Last Amended on May 9, 2023
Currently residing in the House

Summary: Youthful offenders, eligibility

HISTORY OF LEGISLATIVE ACTIONS

Date	Body	Action Description with journal page number
2/7/2023	House	Introduced and read first time (House Journal-page 21)
2/7/2023	House	Referred to Committee on Judiciary (House Journal-page 21)
2/23/2023	House	Member(s) request name added as sponsor: Murphy, Brewer, Mitchell, Robbins, Schuessler, Guest
3/1/2023	House	Committee report: Favorable Judiciary (House Journal-page 38)
3/2/2023	House	Member(s) request name added as sponsor: King
3/8/2023	House	Member(s) request name added as sponsor: B. Newton
3/8/2023	House	Read second time (House Journal-page 21)
3/8/2023	House	Roll call Yeas-112 Nays-0 (House Journal-page 21)
3/9/2023	House	Read third time and sent to Senate (House Journal-page 23)
3/9/2023	Senate	Introduced and read first time (Senate Journal-page 5)
3/9/2023	Senate	Referred to Committee on Judiciary (Senate Journal-page 5)
3/30/2023	Senate	Referred to Subcommittee: Malloy (ch), Sabb, Adams, Garrett, Gustafson
4/26/2023	Senate	Committee report: Favorable with amendment Judiciary (Senate Journal-page 8)
4/27/2023		Scrivener's error corrected
5/9/2023	Senate	Committee Amendment Adopted (Senate Journal-page 66)
5/9/2023	Senate	Amended (Senate Journal-page 66)
5/9/2023	Senate	Read second time (Senate Journal-page 66)
5/9/2023	Senate	Roll call Ayes-41 Nays-2 (Senate Journal-page 66)
5/10/2023	Senate	Read third time and returned to House with amendments (Senate Journal-page 14)
5/11/2023		Scrivener's error corrected
5/16/2023	House	Concurred in Senate amendment and enrolled (House Journal-page 27)
5/16/2023	House	Roll call Yeas-101 Nays-0 (House Journal-page 27)
5/17/2023		Ratified R 85
5/22/2023		Vetoed by Governor
6/7/2023	House	Veto overridden Yeas-94 Nays-4 (House Journal-page 33)
6/14/2023	Senate	Veto overridden Ayes-34 Nays-2 (Senate Journal-page 22)
6/26/2023		Effective date 06/14/23
6/26/2023		Act No. 73

View the latest legislative information at the website

VERSIONS OF THIS BILL

02/07/2023
03/01/2023
04/27/2023
04/27/2023-A
05/09/2023
05/11/2023

(A73, R85, H3890)

AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 22-5-920, RELATING TO YOUTHFUL OFFENDER ELIGIBILITY FOR EXPUNGEMENT OF CERTAIN OFFENSES, SO AS TO ALLOW EXPUNGEMENT FOR CONVICTIONS INVOLVING A DRIVING UNDER SUSPENSION OFFENSE OR A DISTURBING SCHOOLS OFFENSE.

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

Expungement of driving under suspension and disturbing schools offenses

SECTION 1.    Section 22-5-920(B) of the S.C. Code is amended to read:

(B)(1) Following a first offense conviction as a youthful offender for which a defendant is sentenced pursuant to the provisions of Chapter 19, Title 24, Youthful Offender Act, the defendant, who has not been convicted of any offense, including an out-of-state offense, but not including a conviction for driving under suspension or a conviction for disturbing schools as provided for in Section 16-17-420 before May 17, 2018, while serving the youthful offender sentence, including probation and parole, and for a period of five years from the date of completion of the defendant's sentence, including probation and parole, may apply, or cause someone acting on the defendant's behalf to apply, to the circuit court for an order expunging the records of the arrest and conviction.

(2) However, this section does not apply to:

(a) an offense involving the operation of a motor vehicle;

(b) an offense classified as a violent crime in Section 16-1-60;

(c) an offense contained in Chapter 25, Title 16, except as otherwise provided in Section 16-25-30; or

(d) an offense for which the individual is required to register in accordance with the South Carolina Sex Offender Registry Act.

(3) If the defendant has had no other conviction, to include out-of-state convictions, but to not include a conviction for driving under suspension or a conviction for disturbing schools as provided for in Section 16-17-420 before May 17, 2018, during the service of the youthful offender sentence, including probation and parole, and during the five-year period following completion of the defendant's sentence, including probation and parole, for a first offense conviction as a youthful offender for which the defendant was sentenced pursuant to the provisions of Chapter 19, Title 24, Youthful Offender Act, the circuit court may issue an order expunging the records. No person may have the person's records expunged under this section more than once. A person may have the person's record expunged even though the conviction occurred before the effective date of this section. A person eligible for a sentence pursuant to the provisions of Chapter 19, Title 24, Youthful Offender Act, and who is not sentenced pursuant to those provisions, is not eligible to have the person's record expunged pursuant to the provisions of this section; however, a person who was convicted prior to June 2, 2010, and was a youthful offender as that term is defined in Section 24-19-10(d) is eligible to have his record expunged pursuant to the provisions of this section.

Time effective

SECTION 2.    This act takes effect upon approval by the Governor, and applies retroactively to convictions before the effective date of this act.

Ratified the 17th day of May, 2023.

Vetoed by the Governor -- 5/22/23.

Veto overridden by House -- 6/7/23.

Veto overridden by Senate -- 6/14/23.

This web page was last updated on July 11, 2023 at 1:39 PM