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Indicates Matter Stricken
Indicates New Matter
H. 3070
STATUS INFORMATION
General Bill
Sponsors: Reps. Hardee and Pitts
Document Path: l:\council\bills\ms\7034ahb15.docx
Introduced in the House on January 13, 2015
Currently residing in the House Committee on Judiciary
Summary: Arrest and booking records
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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12/11/2014 House Prefiled
12/11/2014 House Referred to Committee on Judiciary
1/13/2015 House Introduced and read first time (House Journal-page 83)
1/13/2015 House Referred to Committee on Judiciary
(House Journal-page 83)
1/15/2015 House Member(s) request name added as sponsor: Pitts
View the latest legislative information at the website
VERSIONS OF THIS BILL
TO AMEND SECTIONS 17-1-40 AND 22-5-910, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESTRUCTION OR EXPUNGEMENT OF CERTAIN ARREST AND BOOKING RECORDS UNDER CERTAIN CIRCUMSTANCES AND EXPUNGEMENT OF CERTAIN FIRST OFFENSE CONVICTIONS, RESPECTIVELY, BOTH SO AS TO REMOVE THE PROHIBITION ON EXPUNGEMENT OF TITLE 50 OFFENSES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 17-1-40(E)(1) of the 1976 Code, as last amended by Act 276 of 2014, is further amended to read:
"(1) This section does not apply to a person who is charged with a violation of Title 50, Title 56, or an enactment pursuant to the authority of counties and municipalities provided in Titles 4 and 5."
SECTION 2. Section 22-5-910(A) of the 1976 Code, as last amended by Act 276 of 2014, is further amended to read:
"(A) Following a first offense conviction for a crime carrying a penalty of not more than thirty days imprisonment or a fine of one thousand dollars, or both, the defendant after three years from the date of the conviction, including a conviction in magistrates or general sessions court, may apply, or cause someone acting on his behalf to apply, to the circuit court for an order expunging the records of the arrest and conviction and any associated bench warrant. However, this section does not apply to:
(1) an offense involving the operation of a motor vehicle; or
(2) a violation of Title 50 or the regulations promulgated pursuant to Title 50 for which points are assessed, suspension provided for, or enhanced penalties for subsequent offenses are authorized; or
(3) an offense contained in Chapter 25, Title 16, except first offense criminal domestic violence as contained in Section 16-25-20, which may be expunged five years from the date of the conviction."
SECTION 3. This act takes effect upon approval by the Governor.
This web page was last updated on January 15, 2015 at 12:10 PM