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TO AMEND SECTION 17-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESTRUCTION OF RECORDS WHEN A PERSON IS CHARGED WITH A CRIMINAL OFFENSE, BUT THE CHARGE IS DISCHARGED, PROCEEDINGS ARE DISMISSED, OR THE PERSON IS FOUND NOT GUILTY, SO AS TO PROVIDE THAT THE PERSON MUST NOT BE REQUIRED TO PAY A FEE TO HAVE THE RECORDS DESTROYED.
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 If a person who after being is charged with a criminal offense and such the charge is discharged or proceedings against such the person are 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 may be retained by any municipal, county, or State state law enforcement agency. A person may not be required to pay a fee to have the records destroyed pursuant to the provisions of this section."
SECTION 2. This act takes effect upon approval by the Governor.
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