South Carolina General Assembly
114th Session, 2001-2002

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Bill 5269


                    Current Status

Bill Number:                      5269
Ratification Number:              480
Act Number:                       1 of 2003
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20020514
Primary Sponsor:                  Jennings
All Sponsors:                     Jennings
Drafted Document Number:          l:\council\bills\pt\1985dw02.doc
Date Bill Passed both Bodies:     20020604
Governor's Action:                S
Date of Governor's Action:        20021121
Subject:                          Expungement of arrest and youthful 
                                  offender conviction, defendant may apply to 
                                  circuit court for after fifteen years


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
------  20030203  Act No. A1 of 2003
------  20021121  Signed by Governor
------  20020606  Ratified R480
Senate  20020604  Read third time, enrolled for
                  ratification
Senate  20020530  Read second time, notice of
                  general amendments
Senate  20020529  Unanimous consent for second
                  reading with notice of general
                  amendments on the next Legislative day
Senate  20020529  Recalled from Committee,               11 SJ
                  placed on the Calendar
Senate  20020529  Introduced, read first time,           11 SJ
                  referred to Committee
House   20020529  Read third time, sent to Senate
House   20020528  Read second time
House   20020522  Committee report: Favorable            25 HJ
House   20020514  Introduced, read first time,           25 HJ
                  referred to Committee


              Versions of This Bill
Revised on May 22, 2002 - Word format
Revised on May 29, 2002 - Word format

View additional legislative information at the LPITS web site.


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

(A1, R480, H5269 of 2002)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-5-920 SO AS TO AUTHORIZE A DEFENDANT AFTER FIFTEEN YEARS OF A CONVICTION AS A YOUTHFUL OFFENDER TO APPLY TO THE CIRCUIT COURT FOR AN ORDER EXPUNGING THE ARREST AND CONVICTION OF THE DEFENDANT.

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

Expungement of record

SECTION 1. The 1976 Code is amended by adding:

"Section 22-5-920. (A) As used in this section, 'conviction' includes a guilty plea, a plea of nolo contendere, or the forfeiting of bail.

(B) Following a first offense conviction as a youthful offender, the defendant after fifteen years from the date of the conviction may apply, or cause someone acting on his behalf to apply, to the circuit court for an order expunging the records of the arrest and conviction. However, this section does not apply to an offense involving the operation of a motor vehicle, to a violation of Title 50 or the regulations promulgated under it for which points are assessed, suspension provided for, or enhanced penalties for subsequent offenses authorized, to an offense classified as a violent crime in Section 16-1-60, or to an offense contained in Chapter 25 of Title 16, except as otherwise provided in Section 16-25-30. If the defendant has had no other conviction during the fifteen-year period following the first offense conviction as a youthful offender, the circuit court may issue an order expunging the records. No person may have his records expunged under this section more than once. A person may have his record expunged even though the conviction occurred before the effective date of this section.

(C) 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 section more than once. This nonpublic record is not subject to release under Section 34-11-95, the Freedom of Information Act, or another provision of law, except to those authorized law enforcement or court officials who need this information in order to prevent the rights afforded by this section from being taken advantage of more than once."

Time effective

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

Ratified the 6th day of June, 2002.

Approved the 21st day of November, 2002.

__________


This web page was last updated on Tuesday, December 8, 2009 at 11:40 A.M.