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S. 1166

STATUS INFORMATION

General Bill
Sponsors: Senators Tedder, Stephens and Rice
Document Path: LC-0551CM24.docx

Introduced in the Senate on March 14, 2024
Introduced in the House on April 23, 2024
Last Amended on May 7, 2024
Currently residing in the Senate

Summary: Dismissal of pending handgun possession charges

HISTORY OF LEGISLATIVE ACTIONS

Date	Body	Action Description with journal page number
3/14/2024	Senate	Introduced and read first time (Senate Journal-page 5)
3/14/2024	Senate	Referred to Committee on Judiciary (Senate Journal-page 5)
4/4/2024	Senate	Recalled from Committee on Judiciary (Senate Journal-page 3)
4/17/2024	Senate	Amended (Senate Journal-page 68)
4/17/2024	Senate	Read second time (Senate Journal-page 68)
4/17/2024	Senate	Roll call Ayes-43 Nays-0 (Senate Journal-page 68)
4/18/2024	Senate	Read third time and sent to House (Senate Journal-page 13)
4/23/2024	House	Introduced and read first time (House Journal-page 16)
4/23/2024	House	Referred to Committee on Judiciary (House Journal-page 16)
5/1/2024	House	Committee report: Favorable with amendment Judiciary
5/7/2024	House	Amended (House Journal-page 128)
5/7/2024	House	Read second time (House Journal-page 128)
5/7/2024	House	Roll call Yeas-112 Nays-2 (House Journal-page 129)
5/8/2024	House	Read third time and returned to Senate with amendments (House Journal-page 298)
5/9/2024	Senate	Concurred in House amendment and enrolled (Senate Journal-page 42)
5/9/2024	Senate	Roll call Ayes-44 Nays-0 (Senate Journal-page 42)
5/15/2024		Ratified R 200
5/21/2024		Vetoed by Governor
6/26/2024	Senate	Veto overridden by originating body Ayes-38 Nays-0 (Senate Journal-page 16)

View the latest legislative information at the website

VERSIONS OF THIS BILL

3/14/2024
4/4/2024
4/17/2024
5/1/2024
5/7/2024

(R200, S1166)

AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 17-1-65, RELATING TO THE EXPUNGEMENT OF CONVICTIONS FOR THE UNLAWFUL POSSESSION OF HANDGUNS THAT OCCURRED BEFORE THE ENACTMENT OF THE S.C. CONSTITUTIONAL CARRY/SECOND AMENDMENT PRESERVATION ACT OF 2024, SO AS TO PROVIDE THE STATE MUST DISMISS CERTAIN PENDING UNLAWFUL HANDGUN POSSESSION CHARGES THAT OCCURRED PRIOR TO THIS ACT, TO PROVIDE THE DISMISSAL OF THESE CHARGES DOES NOT MANDATE THE DISMISSAL OF OTHER RELATED CHARGES OR MAY SERVE AS A BASIS OR SUPPORT FOR CIVIL ACTIONS DUE TO THE ARREST.

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

Dismissal of pending handgun possession charges

SECTION 1.    Section 17-1-65 of the S.C. Code is amended to read:

Section 17-1-65.    (A) A person may apply for an expungement of one conviction for unlawful possession of a handgun as provided in Section 16-23-20, if the conviction occurred prior to the enactment of the S.C. Constitutional Carry/Second Amendment Preservation Act of 2024. An application under this section must be made within five years of the enactment of this section.

(B) The State must dismiss all charges pending against a person for unlawful possession of a handgun pursuant to Section 16-23-20 that were nullified by the enactment of the S.C. Constitutional Carry/Second Amendment Preservation Act of 2024, notwithstanding the savings clause contained in SECTION 25 of that act. However, if such unlawful possession of a handgun charge was used as probable cause for another offense arising from the same incident, this section does not mandate that those associated charges be dismissed. Dismissal of the Section 16-23-20 charge may not serve as a basis or support for any civil action due to the arrest of the Section 16-23-20 charge by law enforcement officers or prosecutors.

Time effective

SECTION 2.    This act takes effect upon approval by the Governor.

Ratified the 15th day of May, 2024.

Approved the _____________ day of _________________________________________2024.

This web page was last updated on May 15, 2024 at 10:07 PM