Bill Text: SC H3601 | 2019-2020 | 123rd General Assembly | Comm Sub
Bill Title: Disorderly conduct
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2019-07-09 - Act No. 90 [H3601 Detail]
Download: South_Carolina-2019-H3601-Comm_Sub.html
COMMITTEE REPORT
April 24, 2019
H. 3601
S. Printed 4/24/19--S.
Read the first time March 5, 2019.
To whom was referred a Bill (H. 3601) to amend Section 16-17-530, Code of Laws of South Carolina, 1976, relating to public disorderly conduct, so as to allow and provide procedures for conditional, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass:
LUKE A. RANKIN for Committee.
Explanation of Fiscal Impact
Amended by the House of Representatives on February 28, 2019
State Expenditure
This amended bill expands the availability of conditional discharges for charges brought against a defendant for any state or federal statute related to drunk or disorderly conduct. Eligible defendants must never have been convicted of a previous offense for a similar charge. The bill provides that the court may hold in abeyance an eligible defendant's judgment of guilt, pending his successful completion of a term of probation requiring specific actions and treatment or rehabilitation. A conditional discharge may only be granted once for any specific violation.
A defendant's eligibility for a conditional discharge must be verified through court records, though no database currently exists to track whether he has received a prior conditional discharge for any specific offense. Upon a defendant's successful completion of the court-imposed terms and conditions, the court must discharge the defendant and dismiss the case, which shall not be treated as a conviction against the defendant. Once the court has issued a dismissal order, the defendant may apply for an expungement of the associated public records. Records of conditional discharge dismissals are not subject to the Freedom of Information Act but must be retained by the South Carolina Law Enforcement Division (SLED).
Judicial Department. During FY 2017-18 there were 261 disorderly conduct dispositions in general sessions court. However, this bill will result in additional hearings in magistrate and municipal courts. Since the bill will not operationally or fiscally affect the Judicial Department, there will be no expenditure impact on the agency's general fund, other funds, or federal funds.
Commission on Prosecution Coordination. The commission reports that during the processing of a court-ordered discharge, a solicitor is not involved until a defendant applies for an expungement. Where the court enters a conditional discharge disposition on a case and assumes responsibility for determining eligibility, determining whether terms and conditions imposed have been fulfilled, and entering a dismissal order where appropriate, the case is no longer a pending matter and the circuit solicitor has no ability to monitor progress or completion. Once the court enters a dismissal order on a conditional discharge, the defendant may apply for an expungement with the circuit solicitor and is exempt from paying the solicitor the administrative fee for processing the application, which includes determining expungement eligibility since a court's dismissal order on conditional discharge cases does not include an attestation of eligibility for expungement. No database is available that allows circuit solicitors to determine whether a defendant has received an earlier conditional discharge for a similar offense; therefore, researching determining eligibility for expungement on conditional discharge cases takes weeks or months longer than for other expungement applications. The number of general expungement requests received since new state expungement laws became effective (December 2018) has increased significantly. This bill's expansion of charges eligible for conditional discharge dispositions, will result in a further increase in expungement requests. In order to meet the increased workload from additional expungement requests without additional processing delays, funding for new expungement coordinators for each of the 16 judicial circuits would be needed.
There is no data with which to determine how many additional expungement requests may result from the bill, and court and SLED plans for development of a conditional discharge database that may decrease the circuit solicitors' processing time for expungement applications on conditional discharge cases are unknown. Therefore, the amount of the expenditure impact is undetermined for the Commission on Prosecution Coordination.
Commission on Indigent Defense. This bill requires the agency to perform activities that will be conducted in the normal course of agency business. As a result, this bill does not have an expenditure impact on the general fund, other funds, or federal funds of the agency.
State Revenue
Prior to the court entering a dismissal order upon completion of all terms and conditions of a conditional discharge disposition, a defendant must remit payment of a $150 fee, unless waived by the court, to a magistrate or municipal court. Collected fees are to be remitted to the Prosecution Coordination Commission by the State Treasurer for apportionment and distribution on a per capita basis to the 16 judicial circuits for drug court treatment programs. The required fee may be waived by the court upon a determination of indigency.
Local Expenditure
This bill would require additional hearings in magistrate and municipal courts for individuals who participate in a post-trial or plea conditional discharge program. Currently, there is no historical data upon which to project the number of individuals who would be eligible to participate in the conditional discharge program. Therefore, the local expenditure impact of the bill is undetermined.
Local Revenue
Prior to the court entering a dismissal order upon completion of all terms and conditions of a conditional discharge disposition, a defendant must remit payment of a $150 fee, unless waived by the court, to a magistrate or municipal court. Collected fees are to be remitted to the Prosecution Coordination Commission by the State Treasurer for apportionment and distribution on a per capita basis to the 16 judicial circuits for drug court treatment programs. The required fee may be waived by the court upon a determination of indigency.
Frank A. Rainwater, Executive Director
Revenue and Fiscal Affairs Office
A BILL
TO AMEND SECTION 16-17-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC DISORDERLY CONDUCT, SO AS TO ALLOW AND PROVIDE PROCEDURES FOR CONDITIONAL DISCHARGE FOR FIRST TIME OFFENDERS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-17-530 of the 1976 Code is amended to read:
"Section 16-17-530. (A) Any A person who shall (a) be is: (1) found on any highway or at any public place or public gathering in a grossly intoxicated condition or otherwise conducting conducts himself in a disorderly or boisterous manner,; (b)(2) use uses obscene or profane language on any highway or at any public place or gathering or in hearing distance of any schoolhouse or church; or (c)(3) while under the influence or feigning to be under the influence of intoxicating liquor, without just cause or excuse, discharge discharges any gun, pistol, or other firearm while upon or within fifty yards of any public road or highway, except upon his own premises, shall be deemed is guilty of a misdemeanor and, upon conviction, shall must be fined not more than one hundred dollars or be imprisoned for not more than thirty days. However, conditional discharge may be granted by the court in accordance with the provisions of this section upon approval by the circuit solicitor.
(B) When a person who has not previously been convicted of an offense pursuant to this section or any similar offense under any state or federal statute relating to drunk or disorderly conduct pleads guilty to or is found guilty of a 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, including the requirement that the person cooperate in a treatment and rehabilitation program of a state-supported facility, if available. 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 pursuant to this section is 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. 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 pursuant to this section. Discharge and dismissal pursuant to this section may occur only once with respect to any person.
(C) Upon the dismissal of the person and discharge of the proceedings against him pursuant to subsection (B), 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 subsection (B)) all recordation relating to his arrest, indictment or information, trial, finding of guilty, and dismissal and discharge pursuant to this section. If the court determines, after a 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.
(D) Before a person may be discharged and the proceedings dismissed pursuant to this section, the person must pay a fee to the summary court of one hundred fifty dollars. 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 subsection 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."
SECTION 2. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 3. This act takes effect upon approval by the Governor.
