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Committee Report

April 26, 2023

H. 3890

Introduced by Reps. Rose, Murphy, Brewer, Mitchell, Robbins, Schuessler, Guest, King and B. Newton

 

S. Printed 04/26/23--S.

Read the first time March 09, 2023

 

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The committee on senate Judiciary

To who was referred a Bill (H. 3890) to amend the South Carolina Code of Laws by amending Section 22-5-920, relating to youthful offender eligibility for expungment of certain offenses, so as to allow, etc., respectfully

Report:

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

 

Amend the bill, as and if amended, SECTION 1, by striking Section 22-5-920(B)(1) and inserting:

(1) Following a first offense conviction as a youthful offender for which a defendant is sentenced pursuant to the provisions of Chapter 19, Title 24, Youthful Offender Act, the defendant, who has not been convicted of any offense, including an out-of-state offense, but not including a conviction for driving under suspension, while serving the youthful offender sentence, including probation and parole, and for a period of five years from the date of completion of the defendant's sentence, including probation and parole, may apply, or cause someone acting on the defendant's behalf to apply, to the circuit court for an order expunging the records of the arrest and conviction.

Amend the bill further, SECTION 1, by striking Section 22-5-920(B)(2)(a) and inserting:

           (a) an offense involving the operation of a motor vehicle;

Amend the bill further, SECTION 1, by striking Section 22-5-920(B)(3) and inserting:

       (3) If the defendant has had no other conviction, to include out-of-state convictions, but to not include a conviction for driving under suspension, during the service of the youthful offender sentence, including probation and parole, and during the five-year period following completion of the defendant's sentence, including probation and parole, for a first offense conviction as a youthful offender for which the defendant was sentenced pursuant to the provisions of Chapter 19, Title 24, Youthful Offender Act, the circuit court may issue an order expunging the records. No person may have the person's records expunged under this section more than once. A person may have the person's record expunged even though the conviction occurred before the effective date of this section. A person eligible for a sentence pursuant to the provisions of Chapter 19, Title 24, Youthful Offender Act, and who is not sentenced pursuant to those provisions, is not eligible to have the person's record expunged pursuant to the provisions of this section;  however, a person who was convicted prior to June 2, 2010, and was a youthful offender as that term is defined in Section 24-19-10(d) is eligible to have his record expunged pursuant to the provisions of this section.

Renumber sections to conform.

Amend title to conform.

 

LUKE RANKIN for Committee.

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 22-5-920, RELATING TO YOUTHFUL OFFENDER ELIGIBILITY FOR EXPUNGMENT OF CERTAIN OFFENSES, SO AS TO ALLOW EXPUNGMENT FOR CONVICTIONS INVOLVING A DRIVING UNDER SUSPENSION OFFENSE.

 

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

 

SECTION 1.  Section 22-5-920(B) of the S.C. Code is amended to read:

 

    (B)(1) Following a first offense conviction as a youthful offender for which a defendant is sentenced pursuant to the provisions of Chapter 19, Title 24, Youthful Offender Act, the defendant, who has not been convicted of any offense, including an out-of-state offense, while serving the youthful offender sentence, including probation and parole, and for a period of five years from the date of completion of the defendant's sentence, including probation and parole, may apply, or cause someone acting on the defendant's behalf to apply, to the circuit court for an order expunging the records of the arrest and conviction.

       (2) However, this section does not apply to:

           (a) an offense involving the operation of a motor vehicle, except a driving under suspension offense;

           (b) an offense classified as a violent crime in Section 16-1-60;

           (c) an offense contained in Chapter 25, Title 16, except as otherwise provided in Section 16-25-30;  or

           (d) an offense for which the individual is required to register in accordance with the South Carolina Sex Offender Registry Act.

       (3) If the defendant has had no other conviction, to include out-of-state convictions, during the service of the youthful offender sentence, including probation and parole, and during the five-year period following completion of the defendant's sentence, including probation and parole, for a first offense conviction as a youthful offender for which the defendant was sentenced pursuant to the provisions of Chapter 19, Title 24, Youthful Offender Act, the circuit court may issue an order expunging the records. No person may have the person's records expunged under this section more than once. A person may have the person's record expunged even though the conviction occurred before the effective date of this section. A person eligible for a sentence pursuant to the provisions of Chapter 19, Title 24, Youthful Offender Act, and who is not sentenced pursuant to those provisions, is not eligible to have the person's record expunged pursuant to the provisions of this section;  however, a person who was convicted prior to June 2, 2010, and was a youthful offender as that term is defined in Section 24-19-10(d) is eligible to have his record expunged pursuant to the provisions of this section.

 

SECTION 2.  This act takes effect upon approval by the Governor, and applies retroactively to convictions before the effective date of this act.

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