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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 ALLOW A COURT TO ORDER CERTAIN LEGAL COSTS TO BE PAID BY A PERSON WHO BRINGS FRIVOLOUS CHARGES AGAINST ANOTHER PERSON AND TO PROVIDE EXCEPTIONS.
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. (A) 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.
(B) If a judge dismisses the charge against a person or the person is found not guilty of the charge and the judge makes a finding that the charge is frivolous, the judge, in his discretion, may order court costs and other costs incurred by the person including, but not limited to, attorneys fees, public defender fees, and expungement fees to be paid by the person who brought the frivolous charge forward.
(C) The provisions of subsection (B) do not apply to law enforcement officers or officers of the court."
SECTION 2. This act takes effect upon approval by the Governor.
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