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A211, R212, H4248
STATUS INFORMATION
General Bill
Sponsors: Reps. Rose and Robbins
Document Path: LC-0294SA23.docx
Introduced in the House on April 4, 2023
Introduced in the Senate on April 10, 2024
Last Amended on May 9, 2024
Currently residing in the House
Summary: Conditional discharge
HISTORY OF LEGISLATIVE ACTIONS
| Date | Body | Action Description with journal page number |
|---|---|---|
| 4/4/2023 | House | Introduced and read first time (House Journal-page 9) |
| 4/4/2023 | House | Referred to Committee on Judiciary (House Journal-page 9) |
| 3/20/2024 | House | Member(s) request name added as sponsor: Robbins |
| 3/20/2024 | House | Committee report: Favorable with amendment Judiciary (House Journal-page 11) |
| 3/26/2024 | House | Debate adjourned until Tues., 4-9-24 (House Journal-page 31) |
| 4/9/2024 | House | Requests for debate-Rep(s). W. Newton, Hiott, Pope, Felder, Carter, Nutt, Guest, Brittain, Schuessler, BL Cox, Thayer, Whitmire, Sandifer, Gilliam, Hager (House Journal-page 40) |
| 4/9/2024 | House | Amended (House Journal-page 76) |
| 4/9/2024 | House | Read second time (House Journal-page 76) |
| 4/9/2024 | House | Roll call Yeas-80 Nays-23 (House Journal-page 78) |
| 4/10/2024 | House | Read third time and sent to Senate (House Journal-page 19) |
| 4/10/2024 | Senate | Introduced and read first time (Senate Journal-page 3) |
| 4/10/2024 | Senate | Referred to Committee on Judiciary (Senate Journal-page 3) |
| 4/23/2024 | Senate | Referred to Subcommittee: Hutto (ch), Adams, Garrett, Gustafson, Tedder |
| 5/1/2024 | Senate | Committee report: Favorable Judiciary (Senate Journal-page 11) |
| 5/8/2024 | Senate | Amended (Senate Journal-page 123) |
| 5/8/2024 | Senate | Read second time (Senate Journal-page 123) |
| 5/8/2024 | Senate | Roll call Ayes-32 Nays-12 (Senate Journal-page 123) |
| 5/9/2024 | Senate | Read third time and returned to House with amendments (Senate Journal-page 123) |
| 5/9/2024 | House | Senate amendment amended (House Journal-page 102) |
| 5/9/2024 | House | Roll call Yeas-104 Nays-0 (House Journal-page 103) |
| 5/9/2024 | House | Returned to Senate with amendments (House Journal-page 102) |
| 5/9/2024 | Senate | Concurred in House amendment and enrolled (Senate Journal-page 123) |
| 5/15/2024 | Ratified R 212 | |
| 5/21/2024 | Vetoed by Governor | |
| 6/26/2024 | House | Veto overridden by originating body Yeas-98 Nays-11 |
| 6/26/2024 | Senate | Veto overridden Ayes-33 Nays-5 (Senate Journal-page 17) |
| 7/1/2024 | Effective date 06/26/24 | |
| 7/17/2024 | Act No. 211 |
View the latest legislative information at the website
VERSIONS OF THIS BILL
04/04/2023
03/20/2024
04/09/2024
05/01/2024
05/08/2024
05/09/2024
(A211, R212, H4248)
AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 61-4-50, RELATING TO THE SALE OF BEER, ALE, PORTER, OR WINE TO UNDERAGED PERSONS, SO AS TO PROVIDE FOR A CONDITIONAL DISCHARGE; AND BY AMENDING SECTION 61-6-4080, RELATING TO THE SALE OF ALCOHOLIC LIQUORS TO AN UNDERAGED PERSON, SO AS TO PROVIDE FOR A CONDITIONAL DISCHARGE.
Be it enacted by the General Assembly of the State of South Carolina:
Conditional discharge
SECTION 1. Section 61-4-50 of the S.C. Code is amended by adding:
(D)(1) Whenever any person who has not previously been convicted of any offense under this section, pleads guilty to or is found guilty of a sale in violation of this section, the court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him on probation upon terms and conditions as it requires provided that one such condition must be that he complete the merchant education program described in subsection (C). Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him. Discharge and dismissal under this section must be without court adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including the additional penalties imposed for second or subsequent convictions. However, a nonpublic record must be forwarded to and retained by the South Carolina Law Enforcement Division for the purpose of use by the courts in determining whether or not a person has committed a subsequent offense under this section. The South Carolina Law Enforcement Division must produce this record upon subpoena or court order. Discharge and dismissal under this section may occur only once with respect to any person.
(2) Upon the dismissal of the person and discharge of the proceedings against him pursuant to item (1), the person may apply to the court for an order to expunge from all official records, other than the nonpublic records to be retained as provided in item (1), all recordation relating to his arrest, indictment or information, trial, finding of guilt, and dismissal and discharge pursuant to this section. If the court determines, after the hearing, that the person was dismissed and the proceedings against him discharged, it shall enter the order. The effect of the order is to restore the person, in the contemplation of the law, to the status he occupied before the arrest or indictment or information. No person as to whom the order has been entered may be held pursuant to another provision of law to be guilty of perjury or otherwise giving a false statement by reason of his failure to recite or acknowledge the arrest, or indictment or information, or trial in response to an inquiry made of him for any purpose, except when the person is providing sworn statements or giving testimony under oath. A conditional discharge granted pursuant to this section does not preclude a person from availing themselves of subsequent pre-trial diversion options provided by law.
(3) Before a person may be discharged and the proceedings dismissed pursuant to this subsection, the person must pay a fee of three hundred fifty dollars if the person is in a general sessions court and one hundred fifty dollars if the person is in a summary court. No portion of the fee may be waived, reduced, or suspended, except in cases of indigency. If the court determines that a person is indigent, the court may partially or totally waive, reduce, or suspend the fee. The revenue collected pursuant to this item must be retained by the jurisdiction that heard or processed the case and paid to the State Treasurer within thirty days of receipt. The State Treasurer shall transmit these funds to the Prosecution Coordination Commission which shall then apportion these funds among the sixteen judicial circuits on a per capita basis equal to the population in that circuit compared to the population of the State as a whole based on the most recent official United States census. The funds must be used for drug treatment court programs only. The amounts generated by this subsection are in addition to any amounts presently being provided for drug treatment court programs and may not be used to supplant funding already allocated for these services. The State Treasurer may request the State Auditor to examine the financial records of a jurisdiction which he believes is not timely transmitting the funds required to be paid to the State Treasurer pursuant to this subsection. The State Auditor is further authorized to conduct these examinations and the local jurisdiction is required to participate in and cooperate fully with the examination.
(4) Conditional discharge may only be granted by the court in accordance with the provisions of this section upon approval of the circuit solicitor or prosecuting officer.
Conditional discharge
SECTION 2. Section 61-6-4080 of the S.C. Code is amended by adding:
(D)(1) Whenever any person who has not previously been convicted of any offense under this section, pleads guilty to or is found guilty of a sale in violation of this section, the court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him on probation upon terms and conditions as it requires provided that one such condition must be that he complete the merchant education program described in subsection (C). Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him. Discharge and dismissal under this section must be without court adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including the additional penalties imposed for second or subsequent convictions. However, a nonpublic record must be forwarded to and retained by the South Carolina Law Enforcement Division solely for the purpose of use by the courts in determining whether or not a person has committed a subsequent offense under this section. The South Carolina Law Enforcement Division must produce this record upon subpoena or court order. Discharge and dismissal under this section may occur only once with respect to any person.
(2) Upon the dismissal of the person and discharge of the proceedings against him pursuant to item (1), the person may apply to the court for an order to expunge from all official records, other than the nonpublic records to be retained as provided in item (1), all recordation relating to his arrest, indictment or information, trial, finding of guilt, and dismissal and discharge pursuant to this section. If the court determines, after the hearing, that the person was dismissed and the proceedings against him discharged, it shall enter the order. The effect of the order is to restore the person, in the contemplation of the law, to the status he occupied before the arrest or indictment or information. No person as to whom the order has been entered may be held pursuant to another provision of law to be guilty of perjury or otherwise giving a false statement by reason of his failure to recite or acknowledge the arrest, or indictment or information, or trial in response to an inquiry made of him for any purpose, except when the person is providing sworn statements or giving testimony under oath. A conditional discharge granted pursuant to this section does not preclude a person from availing themselves of subsequent pre-trial diversion options provided by law.
(3) Before a person may be discharged and the proceedings dismissed pursuant to this subsection, the person must pay a fee of three hundred fifty dollars if the person is in a general sessions court and one hundred fifty dollars if the person is in a summary court. No portion of the fee may be waived, reduced, or suspended, except in cases of indigency. If the court determines that a person is indigent, the court may partially or totally waive, reduce, or suspend the fee. The revenue collected pursuant to this item must be retained by the jurisdiction that heard or processed the case and paid to the State Treasurer within thirty days of receipt. The State Treasurer shall transmit these funds to the Prosecution Coordination Commission which shall then apportion these funds among the sixteen judicial circuits on a per capita basis equal to the population in that circuit compared to the population of the State as a whole based on the most recent official United States census. The funds must be used for drug treatment court programs only. The amounts generated by this subsection are in addition to any amounts presently being provided for drug treatment court programs and may not be used to supplant funding already allocated for these services. The State Treasurer may request the State Auditor to examine the financial records of a jurisdiction which he believes is not timely transmitting the funds required to be paid to the State Treasurer pursuant to this subsection. The State Auditor is further authorized to conduct these examinations and the local jurisdiction is required to participate in and cooperate fully with the examination.
(4) Conditional discharge may only be granted by the court in accordance with the provisions of this section upon approval of the circuit solicitor or prosecuting officer.
Time effective
SECTION 3. This act takes effect upon approval by the Governor.
Ratified the 15th day of May, 2024.
Vetoed by the Governor -- 5/21/24.
Veto overridden by House -- 6/26/24.
Veto overridden by Senate -- 6/26/24.
This web page was last updated on July 29, 2024 at 11:45 AM