Senator Hembree proposes the following amendment (SEDU-136.DB0003S):

Amend the bill, as and if amended, SECTION 1, by striking Section 17-1-65(B) and inserting:

 (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 if the charges occurred prior to 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 this section does not mandate an immediate dismissal, 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.was charged in conjunction with any other criminal offense arising out of the same facts and circumstances. Upon the disposition of those associated offenses the unlawful possession of a handgun offense under the prior Section 16-23-20 must be dismissed pursuant to this section and expunged provided a person has not previously had an expungement under subsection (A). Dismissal of the Section 16-23-20 chargepursuant to this section 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.

Renumber sections to conform.

Amend title to conform.