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TO AMEND SECTION 17-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESTRUCTION OF CRIMINAL RECORDS WHEN A CHARGE AGAINST A PERSON IS DISCHARGED, DISMISSED, OR THE PERSON IS FOUND INNOCENT OF THE CHARGE, SO AS TO PROVIDE THAT A MUNICIPAL, COUNTY, OR STATE AGENCY MAY NOT COLLECT A FEE FOR THE DESTRUCTION OF RECORDS UNDER THESE CIRCUMSTANCES.
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 A person who after being 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 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 law enforcement agency.
(B) A municipal, county, or state agency may not collect a fee for the destruction of records pursuant to the provisions of this section."
SECTION 2. This act takes effect upon approval by the Governor.
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