Amend the bill, as and if amended, by striking SECTION 1, and inserting::
/ SECTION 1. Section 17-1-40 of the 1976 Code, as last amended by Act 75 of 2013, is further amended to read:
"Section 17-1-40. (A) For purposes of this section, 'under seal' means not subject to disclosure other than to a law enforcement or prosecution agency, and attorneys representing a law enforcement or prosecution agency, unless disclosure is allowed by court order.
(A)(1)(B)(1) A person who after being If a person's record is expunged pursuant to Title 17, Chapter 22, Article 9, because the person was charged with a criminal offense, or was issued a courtesy summons pursuant to Section 22-3-330 or another provision of law, and the charge is was discharged, proceedings against the person are were dismissed, or the person is was found not guilty of the charge, then the arrest and booking record, files associated bench warrants, mug shots, and fingerprints of the person must be destroyed and no evidence of the record pertaining to the charge or associated bench warrants may be retained by any municipal, county, or state law enforcement agency. Provided, however, that:
(a) Law enforcement and prosecution agencies shall retain the arrest and booking record, associated bench warrants, mug shots, and fingerprints of the person under seal for three years and one hundred and twenty days. A law enforcement or prosecution agency may retain the information indefinitely for purposes of ongoing or future investigations and prosecution of the offense, and to defend the agency and the agency's employees during litigation proceedings. The information must remain under seal. The information is not a public document and is exempt from disclosure, except by court order.
(b) local and state detention Detention and correctional facilities may shall 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 and one hundred and twenty days from the date of the expungement order to manage their the facilities' statistical and professional information needs, and, where necessary, to defend such the facilities and the facilities' employees 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 The information is not a public document and is exempt from disclosure., Such information only may be disclosed except by judicial court order, pursuant to a subpoena filed in a civil action, or as needed during litigation proceedings.
(2) A person municipal, county, or state agency, or an employee of a municipal, county, or state agency that 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 violates this subsection is guilty of contempt of court.
(3) Nothing in this subsection requires the South Carolina Department of Probation, Parole and Pardon Services to expunge the probation records of persons whose charges were dismissed by conditional discharge pursuant to Section 44-53-450.
(2) If a person has been issued a courtesy summons pursuant to Section 22-3-330 or another provision of law and the charge for which the courtesy summons was issued 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 in accordance with the provisions of item (1).
In addition, a person who violates the provisions of this item is subject to the same penalty as provided in item (1).
(C)(1) If a person's record is expunged pursuant to Title 17, Chapter 22, Article 9, because the person was charged with a criminal offense, or was issued a courtesy summons pursuant to Section 22-3-330 or another provision of law, and the charge was discharged, proceedings against the person were dismissed, or the person was found not guilty of the charge, then law enforcement and prosecution agencies shall retain the evidence gathered, unredacted incident and supplemental reports, and investigative files under seal for three years and one hundred and twenty days. A law enforcement or prosecution agency may retain the information indefinitely for purposes of ongoing or future investigations, other law enforcement or prosecution purposes, and to defend the agency and the agency's employees during litigation proceedings. The information must remain under seal. The information is not a public document, is exempt from disclosure, except by court order, and is not subject to an order for destruction of arrest records.
(2) If a request is made to inspect or obtain the incident reports pursuant to the South Carolina Freedom of Information Act, the law enforcement agency shall redact the name of the person whose record is expunged and other information which specifically identifies the person from copies of the reports provided to the person or entity making the request.
(3) If a person other than the person whose record is expunged is charged with the offense, a prosecution agency may provide the attorney representing the other person with unredacted incident and supplemental reports. The attorney shall not provide copies of the reports to a person or entity nor share the contents of the reports with a person or entity, except during judicial proceedings or as allowed by court order.
(4) A person who intentionally violates this subsection is guilty of a misdemeanor, and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days, or both.
(5) Nothing in this subsection prohibits evidence gathered or information contained in incident reports or investigation and prosecution files from being used for the investigation and prosecution of a criminal case or for the defense of a law enforcement or prosecution agency or agency employee.
(B)(D) A municipal, county, or state agency may not collect a fee for the destruction of records pursuant to the provisions of this section.
(C)(E)(1) 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 provided in Titles 4 and 5, or any other state criminal offense, if the person is not fingerprinted for the violation.
(D)(2) If a charge enumerated in subsection (C) item (1) is discharged, proceedings against the person are dismissed, or the person is found not guilty of the charge, and the person's record is expunged pursuant to Title 17, Chapter 22, Article 9, the charge must be removed from any Internet-based public record no later than thirty days from the disposition date.
(E)(F) The State Law Enforcement Division is authorized to promulgate regulations that allow for the electronic transmission of information pursuant to this section.
(G) Unless there is an act of gross negligence or intentional misconduct, nothing in this section gives rise to a claim for damages against the State, a state employee, a political subdivision of the State, an employee of a political subdivision of the State, a public officer, or other persons." /
Renumber sections to conform.
Amend title to conform.