Indicates Matter Stricken

Indicates New Matter

Committee Report

February 19, 2025

S. 136

Introduced by Senators Leber and Kimbrell

S. Printed 2/19/25--S.

Read the first time January 14, 2025

________

The committee on Senate Judiciary

To whom was referred a Bill (S. 136) 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, so as to, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass:

LUKE RANKIN for Committee.

_______

A bill

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, SO AS TO PROVIDE THE STATE MUST DISMISS CERTAIN PENDING UNLAWFUL HANDGUN POSSESSION CHARGES THAT OCCURRED PRIOR TO THE ENACTMENT OF THE South carolina CONSTITUTIONAL CARRY/SECOND AMENDMENT PRESERVATION ACT OF 2024, AND 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:

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.

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

----XX----