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Session 120 - (2013-2014)Printer Friendly
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H*4560 (Rat #0320, Act #0276 of 2014) General Bill, By G.M. Smith and Weeks
Summary: Expungement of criminal records
    AN ACT TO AMEND SECTION 17-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESTRUCTION OR EXPUNGEMENT OF CERTAIN ARREST AND BOOKING RECORDS UNDER CERTAIN CIRCUMSTANCES, SO AS TO DEFINE THE TERM "UNDER SEAL", TO PROVIDE IN THE CASE OF OFFENSES EXPUNGED FOR THE RETENTION BY LAW ENFORCEMENT AND PROSECUTION AGENCIES OF ARREST AND BOOKING RECORDS, ASSOCIATED BENCH WARRANTS, INCIDENT REPORTS, AND OTHER INFORMATION UNDER SEAL FOR THREE YEARS AND ONE HUNDRED TWENTY DAYS AND ALLOW FOR THEIR INDEFINITE RETENTION FOR CERTAIN DELINEATED PURPOSES, TO PROVIDE THAT THIS INFORMATION IS NOT A PUBLIC DOCUMENT AND IS EXEMPT FROM DISCLOSURE EXCEPT BY COURT ORDER, TO AUTHORIZE REDACTION OF CERTAIN INFORMATION IN AN INCIDENT REPORT IF A REQUEST IS MADE TO INSPECT OR OBTAIN AN INCIDENT REPORT PURSUANT TO THE FREEDOM OF INFORMATION ACT, AND TO PROVIDE A CRIMINAL PENALTY FOR PERSONS WHO VIOLATE PROVISIONS RELATING TO THE RELEASE OF AN INCIDENT REPORT; TO AMEND SECTION 22-5-910, AS AMENDED, RELATING TO EXPUNGEMENT OF CRIMINAL RECORDS, SO AS TO INCLUDE ASSOCIATED BENCH WARRANTS IN THE INFORMATION THAT MAY BE EXPUNGED; TO AMEND SECTION 17-22-910, RELATING TO APPLICATIONS FOR CERTAIN OFFENSES ELIGIBLE FOR EXPUNGEMENT, SO AS TO CONFORM THE PROVISIONS TO THAT OF SECTION 44-53-450 WHICH ALLOWS FOR EXPUNGEMENT OF CERTAIN DELINEATED DRUG OFFENSES; TO AMEND SECTION 17-22-940, RELATING TO THE EXPUNGEMENT PROCESS, SO AS TO INCLUDE THE TRAFFIC EDUCATION PROGRAM DIRECTOR'S PARTICIPATION IN THE PROCESS; AND TO AMEND SECTION 17-22-950, RELATING TO THE ISSUANCE OF EXPUNGEMENT ORDERS, SO AS TO MAKE A CONFORMING CHANGE TO ADD THAT ASSOCIATED BENCH WARRANTS ARE INCLUDED IN THE EXPUNGEMENT ORDER AND TO PROVIDE EXPUNGEMENT PROCEDURES WHEN CRIMINAL CHARGES ARE BROUGHT IN SUMMARY COURT WHEN THE PERSON WAS NOT FINGERPRINTED. - ratified title
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01/23/14House Introduced and read first time (House Journal-page 30)
01/23/14House Referred to Committee on Judiciary (House Journal-page 30)
02/04/14 Scrivener's error corrected
02/26/14House Committee report: Favorable with amendment Judiciary (House Journal-page 55)
02/27/14House Member(s) request name added as sponsor: Weeks
03/04/14House Amended (House Journal-page 118)
03/04/14House Read second time (House Journal-page 118)
03/04/14House Roll call Yeas-106 Nays-0 (House Journal-page 123)
03/05/14 Scrivener's error corrected
03/05/14House Read third time and sent to Senate (House Journal-page 15)
03/05/14Senate Introduced and read first time (Senate Journal-page 10)
03/05/14Senate Referred to Committee on Judiciary (Senate Journal-page 10)
03/25/14Senate Referred to Subcommittee: Hutto (ch), Corbin, Young
05/21/14Senate Committee report: Favorable with amendment Judiciary (Senate Journal-page 18)
05/22/14 Scrivener's error corrected
05/22/14Senate Committee Amendment Amended and Adopted (Senate Journal-page 58)
05/22/14Senate Read second time (Senate Journal-page 58)
05/22/14Senate Roll call Ayes-39 Nays-0 (Senate Journal-page 58)
05/23/14 Scrivener's error corrected
05/27/14Senate Read third time and returned to House with amendments (Senate Journal-page 14)
05/29/14House Amended (House Journal-page 34)
05/29/14House Roll call Yeas-98 Nays-0 (House Journal-page 34)
05/29/14House Returned to Senate with amendments (House Journal-page 34)
06/03/14Senate Non-concurrence in House amendment (Senate Journal-page 55)
06/03/14House House insists upon amendment and conference committee appointed Reps. GM Smith, Rutherford, McCoy (House Journal-page 38)
06/04/14Senate Conference committee appointed Masey, Allen, Thurmond (Senate Journal-page 81)
06/05/14House Free conference powers granted (House Journal-page 87)
06/05/14House Roll call Yeas-98 Nays-0 (House Journal-page 87)
06/05/14House Free conference committee appointed GM Smith, Rutherford, McCoy (House Journal-page 88)
06/05/14House Free conference report received and adopted (House Journal-page 106)
06/05/14House Roll call Yeas-87 Nays-0 (House Journal-page 112)
06/05/14Senate Free conference powers granted (Senate Journal-page 59)
06/05/14Senate Free conference committee appointed Massey, Allen, Thurmond (Senate Journal-page 59)
06/05/14Senate Free conference report adopted (Senate Journal-page 59)
06/05/14Senate Ordered enrolled for ratification (Senate Journal-page 67)
06/09/14 Ratified R 320
06/09/14 Signed By Governor
06/13/14 Effective date 06/09/14
06/26/14 Act No. 276



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