South Carolina General Assembly
125th Session, 2023-2024

Download This Bill in Microsoft Word format

S. 112

STATUS INFORMATION

General Bill
Sponsors: Senators Allen, Hembree and Shealy
Document Path: SEDU-0010DB23.docx

Introduced in the Senate on January 10, 2023
Introduced in the House on March 28, 2023
Last Amended on May 9, 2024
Currently residing in the Senate

Summary: Fraudulent Check Expungement

HISTORY OF LEGISLATIVE ACTIONS

Date Body Action Description with journal page number
11/30/2022 Senate Prefiled
11/30/2022 Senate Referred to Committee on Banking and Insurance
1/10/2023 Senate Introduced and read first time (Senate Journal-page 64)
1/10/2023 Senate Referred to Committee on Banking and Insurance (Senate Journal-page 64)
2/8/2023 Scrivener's error corrected
2/23/2023 Senate Recalled from Committee on Banking and Insurance (Senate Journal-page 3)
2/23/2023 Senate Committed to Committee on Judiciary (Senate Journal-page 3)
3/3/2023 Senate Referred to Subcommittee: Hutto (ch), Matthews, Rice, Senn, Adams
3/15/2023 Senate Committee report: Favorable with amendment Judiciary (Senate Journal-page 16)
3/16/2023 Scrivener's error corrected
3/21/2023 Senate Committee Amendment Adopted (Senate Journal-page 58)
3/21/2023 Senate Read second time (Senate Journal-page 58)
3/21/2023 Senate Roll call Ayes-40 Nays-0 (Senate Journal-page 58)
3/22/2023 Senate Read third time and sent to House (Senate Journal-page 11)
3/28/2023 House Introduced and read first time (House Journal-page 34)
3/28/2023 House Referred to Committee on Judiciary (House Journal-page 34)
5/1/2024 House Committee report: Favorable Judiciary (House Journal-page 117)
5/7/2024 House Requests for debate-Rep(s). Hiott, Hart, Carter, Hixon, Ligon, Sessions, MM Smith, McCravy, BL Cox, Guest, West, Robbins (House Journal-page 127)
5/8/2024 House Amended (House Journal-page 255)
5/8/2024 House Read second time (House Journal-page 255)
5/8/2024 House Roll call Yeas-108 Nays-0 (House Journal-page 257)
5/9/2024 House Read third time and returned to Senate with amendments (House Journal-page 85)
5/9/2024 Senate Amended (Senate Journal-page 10)
5/9/2024 Senate Returned to House with amendments (Senate Journal-page 10)
5/9/2024 House Concurred in Senate amendment and enrolled (House Journal-page 130)
5/9/2024 House Roll call Yeas-103 Nays-0 (House Journal-page 130)
5/15/2024 Ratified R 177
5/20/2024 Vetoed by Governor

View the latest legislative information at the website

VERSIONS OF THIS BILL

12/1/2022
2/8/2023
3/15/2023
3/16/2023
3/21/2023
5/1/2024
5/8/2024
5/9/2024

NOTE: THIS IS A TEMPORARY VERSION. THIS DOCUMENT WILL REMAIN IN THIS VERSION UNTIL FINAL APPROVAL BY THE LEGISLATIVE COUNCIL.

(R177, S112)

AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 34-11-90, RELATING TO JURISDICTION FOR OFFENSES INVOLVING CHECKS AND PENALTIES, SO AS TO PROVIDE A METHOD TO EXPUNGE CONVICTIONS; BY AMENDING SECTION 17-22-910, RELATING TO APPLICATIONS FOR EXPUNGEMENT, SO AS TO ADD MULTIPLE MISDEMEANOR OFFENSES OF CHECK FRAUD TO THOSE OFFENSES ELIGIBLE FOR EXPUNGEMENT; AND BY ADDING SECTION 17-1-43, SO AS TO REQUIRE THE DESTRUCTION OF ARREST RECORDS OF PERSONS MADE AS A RESULT OF MISTAKEN IDENTITY UNDER CERTAIN CIRCUMSTANCES.

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

Fraudulent check expungement

SECTION 1.    Section 34-11-90 of the S.C. Code is amended by adding:

(f) notwithstanding another provision of law, if a defendant receives multiple convictions within a three-year period of time in magistrates court for a violation of this section, the defendant may, after ten years from the date of the last conviction, apply or cause someone acting on his behalf to apply, to the court for an order expunging the records of arrest and the multiple convictions. This provision does not apply to any crime classified as a felony. If the defendant receives no other convictions during the ten-year period following the last conviction under this section and full restitution has been made on all checks that are the subject of the convictions, the court must issue an order expunging the records. No person may take advantage of the rights permitted by this subsection more than once. Neither the application for nor successful expungement of a qualifying applicant's record as authorized by subsection (e) precludes application for and expungement of a qualifying applicant's record under this subsection. After the expungement, the South Carolina Law Enforcement Division is required to keep a nonpublic record of the offense and the date of its expungement to ensure that no person takes advantage of the rights permitted by this subsection more than once. This nonpublic record is not subject to release under Section 34-11-95, the Freedom of Information Act, or any other provision of law except to those authorized law or court officials who need this information in order to prevent the rights afforded by this subsection from being taken advantage of more than once.

Multiple misdemeanor offenses of check fraud

SECTION 2.    Section 17-22-910(A)(1) of the S.C. Code is amended to read:

(1) Section 34-11-90(e), first offense misdemeanor fraudulent check or Section 34-11-90(f), multiple misdemeanor offenses of fraudulent check;

Destruction of arrest records when mistaken identity

SECTION 3.    Chapter 1, Title 17 of the S.C. Code is amended by adding:

Section 17-1-43.    (A) Notwithstanding the provisions of Section 17-1-40, not later than one hundred eighty days after an investigation by a law enforcement or prosecution agency reveals that a person was arrested as a result of mistaken identity, the law enforcement or prosecution agency with appropriate jurisdiction shall destroy the arrest records of that person made as a result of mistaken identity. The law enforcement or prosecution agency, as appropriate, shall establish a review process for verifying that a person's arrest records relating to mistaken identity in which no charges were filed have been destroyed as provided in this section. Neither the law enforcement or prosecution agency may charge or collect a fee for the destruction of arrest records pursuant to the provisions of this section.

(B) Law enforcement and prosecution agencies shall retain the arrest and booking record, associated bench warrants, mug shots, and fingerprints of the person under seal for three years and one hundred twenty days. A law enforcement or prosecution agency may retain the information indefinitely for purposes of ongoing or future investigations and prosecution of the offense, administrative hearings, and to defend the agency and the agency's employees during litigation proceedings. The information must remain under seal. The information is not a public document and is exempt from disclosure, except by court order.

Time effective

SECTION 4.    This act takes effect upon approval by the Governor.

Ratified the 15th day of May, 2024.

______________________________________________________________________

President of the Senate

_____________________________________________________________________

Speaker of the House of Representatives

Approved the _____________ day of _________________________________________2024.

____________________________________________________________________

Governor

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This web page was last updated on May 15, 2024 at 8:43 PM