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Sponsors: Senator Land
Document Path: l:\s-resmin\drafting\jcl\005summ.tcm.jcl.docx
Companion/Similar bill(s): 4404
Introduced in the Senate on January 12, 2010
Introduced in the House on April 15, 2010
Last Amended on June 2, 2010
Currently residing in conference committee
Summary: Criminal records expungement
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/9/2009 Senate Prefiled 12/9/2009 Senate Referred to Committee on Judiciary 1/12/2010 Senate Introduced and read first time SJ-15 1/12/2010 Senate Referred to Committee on Judiciary SJ-15 1/12/2010 Senate Referred to Subcommittee: Hutto (ch), Rose, Shoopman 3/31/2010 Senate Committee report: Favorable with amendment Judiciary SJ-7 4/1/2010 Scrivener's error corrected 4/13/2010 Senate Committee Amendment Adopted SJ-21 4/13/2010 Senate Read second time SJ-21 4/14/2010 Scrivener's error corrected 4/14/2010 Senate Read third time and sent to House SJ-71 4/15/2010 House Introduced and read first time HJ-30 4/15/2010 House Referred to Committee on Judiciary HJ-30 5/12/2010 House Committee report: Favorable with amendment Judiciary HJ-10 5/20/2010 House Amended HJ-24 5/20/2010 House Read second time HJ-24 5/20/2010 House Unanimous consent for third reading on next legislative day HJ-28 5/21/2010 House Read third time and returned to Senate with amendments HJ-3 6/2/2010 Senate House amendment amended SJ-198 6/2/2010 Senate Returned to House with amendments SJ-198 6/3/2010 House Non-concurrence in Senate amendment HJ-19 6/3/2010 House Roll call Yeas-0 Nays-105 HJ-19 6/3/2010 Senate Senate insists upon amendment and conference committee appointed Hutto, Massey, and Shoopman SJ-47 6/15/2010 House Conference committee appointed Reps. Kelly, GM Smith, and Rutherford HJ-2
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VERSIONS OF THIS BILL
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HOUSE AMENDMENTS AMENDED
June 2, 2010
S. Printed 6/2/10--S.
Read the first time January 12, 2010.
TO AMEND SECTION 17-22-950 OF THE 1976 CODE, AS ADDED BY ACT 36 OF 2009, RELATING TO PROCEDURES FOR EXPUNGEMENT OF CRIMINAL CHARGES WHICH HAVE BEEN BROUGHT IN SUMMARY COURT, TO REMOVE THE REQUIREMENT THAT THE COMPLETED EXPUNGEMENT ORDER BE FILED WITH THE CLERK OF COURT.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 17-1-40 of the 1976 Code is amended to read:
"Section 17-1-40. (A) A person who, after being charged with a criminal offense and the charge is discharged, proceedings against the person are dismissed, or the person is found not guilty of the charge, the arrest and booking record, files, mug shots, and fingerprints of the person must be destroyed and no evidence of the record pertaining to the charge may be retained by any municipal, county, or state law enforcement agency. Provided, however, that local and state detention and correctional facilities may retain booking records, identifying documentation and materials, and other institutional reports and files under seal, on all persons who have been processed, detained, or incarcerated, for a period not to exceed three years from the date of the expungement order to manage their statistical and professional information needs and, where necessary, to defend such facilities during litigation proceedings except when an action, complaint, or inquiry has been initiated. Information retained by a local or state detention or correctional facility as permitted under this section after an expungement order has been issued is not a public document and is exempt from disclosure. Such information only may be disclosed by judicial order, pursuant to a subpoena filed in a civil action, or as needed during litigation proceedings. A person who otherwise intentionally retains the arrest and booking record, files, mug shots, fingerprints, or any evidence of the record pertaining to a charge discharged or dismissed pursuant to this section is guilty of contempt of court.
(B) A municipal, county, or state agency may not collect a fee for the destruction of records pursuant to the provisions of this section.
(C) This section does not apply to a person who is charged with a violation of Title 50, Title 56, an enactment pursuant to the authority of counties and municipalities as provided by Titles 4 and 5, or any other state criminal offense, if the person is not fingerprinted for the violation.
(D) Any record of a charge disposed of pursuant to this section for which the person was not fingerprinted, which remains on any public record held by a court, must be administratively removed by the court holding the public record.
(E) The State Law Enforcement Division is authorized to promulgate regulations that allow for the electronic transmission of information pursuant to this section."
SECTION 2. Section 17-22-320(A) of the 1976 Code is amended to read:
"(A) A person may be considered for a traffic education program if
he the person has no points on his driving record significant history of traffic violations. A person may not participate in a traffic education program more than once."
SECTION 3. This act takes effect upon approval by the Governor and applies retroactively.
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