South Carolina House Bill 3022 (Prior Session Legislation)

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Completed Legislative Action
Spectrum: Bipartisan Bill
Status: Passed on June 12 2009 - 100% progression
Action: 2009-06-12 - Act No. 36

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "UNIFORM EXPUNGEMENT OF CRIMINAL RECORDS ACT" BY ADDING ARTICLE 9 TO CHAPTER 22, TITLE 17 SO AS TO PROVIDE A PROCEDURE FOR THE UNIFORM EXPUNGEMENT OF CRIMINAL RECORDS, TO PROVIDE THAT APPLICATIONS FOR EXPUNGEMENT OF CRIMINAL RECORDS MUST BE ADMINISTERED BY THE SOLICITOR'S OFFICE IN EACH CIRCUIT, TO PROVIDE FOR THE DEVELOPMENT OF AN EXPUNGEMENT FORM, AND TO CREATE A UNIFORM FEE FOR EXPUNGMENT; TO AMEND SECTION 17-1-40, AS AMENDED, RELATING TO THE REQUIREMENT FOR THE DESTRUCTION OF CRIMINAL RECORDS WHEN A CHARGE IS DISMISSED OR THE PERSON IS FOUND NOT GUILTY OF THE CHARGE, SO AS TO ALLOW CERTAIN DETENTION AND CORRECTIONAL FACILITIES TO RETAIN THOSE RECORDS UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THE CIRCUMSTANCES UNDER WHICH THOSE RECORDS MAY BE RELEASED, AND TO PROVIDE A PENALTY FOR THE UNLAWFUL RELEASE OF THOSE RECORDS; BY ADDING SECTION 17-1-45 SO AS TO REQUIRE SOUTH CAROLINA COURT ADMINISTRATION TO INCLUDE NOTICE ON ALL BOND PAPERWORK AND COURTESY SUMMONS WHEN A PERSON MAY HAVE HIS RECORD EXPUNGED; TO AMEND SECTION 22-5-910, RELATING TO THE EXPUNGEMENT OF CRIMINAL RECORDS, SO AS TO CLARIFY THAT FIRST OFFENSE CRIMES CARRYING A PENALTY OF NOT MORE THAN THIRTY DAYS IMPRISONMENT OR A FINE OF FIVE HUNDRED DOLLARS, OR BOTH, ARE ELIGIBLE TO BE EXPUNGED; TO AMEND SECTION 22-5-920, RELATING TO CONVICTION AS A YOUTHFUL OFFENDER, SO AS TO CHANGE THE WAITING PERIOD BEFORE A YOUTHFUL OFFENDER MAY APPLY TO HAVE HIS CRIMINAL ARREST AND CONVICTION EXPUNGED FROM FIFTEEN YEARS OF THE CONVICTION TO FIVE YEARS FROM THE COMPLETION OF THE SENTENCE; TO AMEND SECTION 44-53-450, RELATING TO CONDITIONAL DISCHARGE OF A PERSON FOUND GUILTY OF CERTAIN FIRST OFFENSE CONTROLLED SUBSTANCES OFFENSES, SO AS TO DELETE THE REQUIREMENT THAT THE PERSON MAY NOT BE OVER THE AGE OF TWENTY-FIVE TO HAVE HIS RECORD EXPUNGED PURSUANT TO THIS SECTION; AND TO DELAY THE IMPLEMENTATION OF THE TRAFFIC EDUCATION PROGRAM AS PROVIDED IN ACT 176 OF 2008. - ratified title

Delete The Requirement That The Person May Not Be Over The Age Of Twenty-five To Have His Record Expunged Pursuant To This Section; And To Delay The Implementation Of The Traffic Education Program As Provided In Act 176 Of 2008. - Ratified Title

Rep. Herbert Kirsh [D]	Rep. Harold Mitchell [D]	Rep. Murrell Smith [R]	Rep. David Weeks [D]
Rep. William Wylie [R]

Date	Chamber	Action
2009-06-12		Act No. 36
2009-06-11		Effective date 06/02/09
2009-06-02		Signed By Governor
2009-05-27		Ratified R 89
2009-05-20		Concurred in House amendment and enrolled SJ-48
2009-05-20		Returned to Senate with amendments HJ-36
2009-05-20		Senate amendment amended HJ-36
2009-05-13		Read third time and returned to House with amendments SJ-17
2009-05-13		Scrivener's error corrected
2009-05-12		Read second time SJ-24
2009-05-12		Committee Amendment Adopted SJ-24
2009-05-07		Scrivener's error corrected
2009-05-06		Committee report: Favorable with amendment Judiciary SJ-12
2009-04-14		Referred to Subcommittee: Hutto (ch), Rose, Shoopman
2009-04-01		Referred to Committee on Judiciary SJ-12
2009-04-01		Introduced and read first time SJ-12
2009-04-01		Read third time and sent to Senate HJ-30
2009-03-31		Read second time HJ-45
2009-03-31		Amended HJ-38
2009-03-31		Member(s) request name added as sponsor: Mitchell
2009-03-26		Debate adjourned until Tuesday, March 31, 2009 HJ-21
2009-03-26		Reconsider vote whereby read second time HJ-20
2009-03-25		Read second time HJ-40
2009-03-25		Amended HJ-32
2009-03-06		Scrivener's error corrected
2009-03-05		Committee report: Favorable with amendment Judiciary HJ-2
2009-02-19		Member(s) request name added as sponsor: Weeks
2009-01-13		Referred to Committee on Judiciary HJ-25
2009-01-13		Introduced and read first time HJ-25
2008-12-09		Referred to Committee on Judiciary
2008-12-09		Prefiled

S0310 (Similar To) 2009-02-03 - Referred to Subcommittee: Hutto (ch), Rose, Shoopman
S0411 (Similar To) 2009-02-19 - Referred to Subcommittee: Hutto (ch), Rose, Shoopman

Chapter	Article	Section	Citation Type	Statute Text
17	1	40	(n/a)	See Bill Text
17	1	45	(n/a)	See Bill Text
22	5	910	(n/a)	See Bill Text
22	5	920	(n/a)	See Bill Text
44	53	450	(n/a)	See Bill Text

Type	Source
Summary	https://www.scstatehouse.gov/cgi-bin/web_bh10.exe?bill1=3022&session=118