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Indicates Matter Stricken
Indicates New Matter
H. 3684
STATUS INFORMATION
General Bill
Sponsors: Reps. King and Hart
Document Path: l:\council\bills\ms\7106ahb15.docx
Introduced in the House on February 18, 2015
Currently residing in the House Committee on Judiciary
Summary: Criminal procedures
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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2/18/2015 House Introduced and read first time (House Journal-page 32)
2/18/2015 House Referred to Committee on Judiciary
(House Journal-page 32)
View the latest legislative information at the website
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-1-43 SO AS TO PROVIDE FOR THE DESTRUCTION OF ARREST RECORDS OF PERSONS ARRESTED AS A RESULT OF MISTAKEN IDENTITY NOT LATER THAN ONE HUNDRED EIGHTY DAYS AFTER AN INVESTIGATION BY A LAW ENFORCEMENT OR PROSECUTION AGENCY REVEALS THAT THE PERSON WAS ARRESTED AS A RESULT OF MISTAKEN IDENTITY AND TO PROVIDE THAT THE LAW ENFORCEMENT OR PROSECUTION AGENCY MAY NOT CHARGE OR COLLECT A FEE FOR THE DESTRUCTION OF ARREST RECORDS UNDER THESE CIRCUMSTANCES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 1, Title 17 of the 1976 Code is amended by adding:
"Section 17-1-43. Notwithstanding the provisions of Section 17-1-40, not later than one hundred eighty days after an investigation by a law enforcement or prosecution agency reveals that a person was arrested as a result of mistaken identity and no charges have been filed against the person nor will be filed due to the mistaken identity, the law enforcement or prosecution agency with appropriate jurisdiction shall destroy the arrest records of that person made as a result of mistaken identity. The law enforcement or prosecution agency, as appropriate, shall establish a review process for verifying that a person's arrest records relating to mistaken identity in which no charges were filed have been destroyed as provided in this section. Neither the law enforcement or prosecution agency may charge or collect a fee for the destruction of arrest records pursuant to the provisions of this section."
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on February 20, 2015 at 2:38 PM