Download This Bill in Microsoft Word format
S. 1166
STATUS INFORMATION
General Bill
Sponsors: Senators Tedder, Stephens and Rice
Document Path: LC-0551CM24.docx
Introduced in the Senate on March 14, 2024
Introduced in the House on April 23, 2024
Last Amended on May 7, 2024
Currently residing in the Senate
Summary: Dismissal of pending handgun possession charges
HISTORY OF LEGISLATIVE ACTIONS
| Date | Body | Action Description with journal page number |
|---|---|---|
| 3/14/2024 | Senate | Introduced and read first time (Senate Journal-page 5) |
| 3/14/2024 | Senate | Referred to Committee on Judiciary (Senate Journal-page 5) |
| 4/4/2024 | Senate | Recalled from Committee on Judiciary (Senate Journal-page 3) |
| 4/17/2024 | Senate | Amended (Senate Journal-page 68) |
| 4/17/2024 | Senate | Read second time (Senate Journal-page 68) |
| 4/17/2024 | Senate | Roll call Ayes-43 Nays-0 (Senate Journal-page 68) |
| 4/18/2024 | Senate | Read third time and sent to House (Senate Journal-page 13) |
| 4/23/2024 | House | Introduced and read first time (House Journal-page 16) |
| 4/23/2024 | House | Referred to Committee on Judiciary (House Journal-page 16) |
| 5/1/2024 | House | Committee report: Favorable with amendment Judiciary |
| 5/7/2024 | House | Amended (House Journal-page 128) |
| 5/7/2024 | House | Read second time (House Journal-page 128) |
| 5/7/2024 | House | Roll call Yeas-112 Nays-2 (House Journal-page 129) |
| 5/8/2024 | House | Read third time and returned to Senate with amendments (House Journal-page 298) |
| 5/9/2024 | Senate | Concurred in House amendment and enrolled (Senate Journal-page 42) |
| 5/9/2024 | Senate | Roll call Ayes-44 Nays-0 (Senate Journal-page 42) |
| 5/15/2024 | Ratified R 200 |
View the latest legislative information at the website
VERSIONS OF THIS BILL
3/14/2024
4/4/2024
4/17/2024
5/1/2024
5/7/2024
(R200, S1166)
AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 17-1-65, RELATING TO THE EXPUNGEMENT OF CONVICTIONS FOR THE UNLAWFUL POSSESSION OF HANDGUNS THAT OCCURRED BEFORE THE ENACTMENT OF THE S.C. CONSTITUTIONAL CARRY/SECOND AMENDMENT PRESERVATION ACT OF 2024, SO AS TO PROVIDE THE STATE MUST DISMISS CERTAIN PENDING UNLAWFUL HANDGUN POSSESSION CHARGES THAT OCCURRED PRIOR TO THIS ACT, TO PROVIDE THE DISMISSAL OF THESE CHARGES DOES NOT MANDATE THE DISMISSAL OF OTHER RELATED CHARGES OR MAY SERVE AS A BASIS OR SUPPORT FOR CIVIL ACTIONS DUE TO THE ARREST.
Be it enacted by the General Assembly of the State of South Carolina:
Dismissal of pending handgun possession charges
SECTION 1. Section 17-1-65 of the S.C. Code is amended to read:
Section 17-1-65. (A) A person may apply for an expungement of one conviction for unlawful possession of a handgun as provided in Section 16-23-20, if the conviction occurred prior to the enactment of the S.C. Constitutional Carry/Second Amendment Preservation Act of 2024. An application under this section must be made within five years of the enactment of this section.
(B) The State must dismiss all charges pending against a person for unlawful possession of a handgun pursuant to Section 16-23-20 that were nullified by the enactment of the S.C. Constitutional Carry/Second Amendment Preservation Act of 2024, notwithstanding the savings clause contained in SECTION 25 of that act. However, if such unlawful possession of a handgun charge was used as probable cause for another offense arising from the same incident, this section does not mandate that those associated charges be dismissed. Dismissal of the Section 16-23-20 charge may not serve as a basis or support for any civil action due to the arrest of the Section 16-23-20 charge by law enforcement officers or prosecutors.
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Ratified the 15th day of May, 2024.
Approved the _____________ day of _________________________________________2024.
This web page was last updated on May 15, 2024 at 10:07 PM