South Carolina General Assembly
113th Session, 1999-2000

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Bill 3640

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

AMENDED

April 27, 1999

H. 3640

Introduced by Rep. Harrison

S. Printed 4/27/99--H.

Read the first time March 2, 1999.

A BILL

TO AMEND SECTION 17-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESTRUCTION OF THE CRIMINAL RECORDS OF A PERSON WHOSE CRIMINAL CHARGE HAS BEEN DISCHARGED OR DISMISSED OR WHO HAS BEEN FOUND INNOCENT OF A CRIMINAL CHARGE, SO AS TO PROVIDE THAT A CLERK OF COURT MUST DESTROY AND MUST NOT RETAIN THESE RECORDS.

Amend Title To Conform

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 17-1-40 of the 1976 Code is amended to read:

"Section 17-1-40. Any A person who after being charged with a criminal offense and such the charge is discharged or proceedings against such the person dismissed or the person is found to be innocent not guilty of such the charge, the arrest and booking record, files, mug shots, and fingerprints of such the person shall must be destroyed and no evidence of such the record pertaining to such the charge shall must not be retained by any a municipal, county or state law enforcement agency, or a clerk of court."

SECTION 2. This act takes effect upon approval by the Governor.

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