Indicates Matter Stricken

Indicates New Matter

 

Committee Report

March 1, 2023

H. 3890

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

 

S. Printed 03/01/23--H.

Read the first time February 07, 2023

 

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The committee on House 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:

 

WM. WESTON NEWTON for Committee.

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

 

State Expenditure

This bill enables certain youthful offenders to, under the provisions of the Youthful Offender Act, apply to the circuit court for an order expunging records of their arrest and conviction for a driving under suspension offense.

 

Judicial anticipates expects any increase in caseloads can be managed within current resources.  Therefore, this bill will have no expenditure impact for Judicial. 

 

State Revenue

This bill may result in more expungement requests being heard in circuit courts, which could increase the amount of fees collected by these courts.  Fees required for an expungement request through the solicitor's office consist of a $250 administrative fee paid to the local solicitor, a $25 fee paid to SLED, and a $35 fee paid to the Clerk of Court.  Court fees are distributed to the General Fund, Other Funds, and local funds.  As the number of expungement requests that may be petitioned is unknown, the amount of General Fund revenue and Other Funds revenue that may be generated due to this bill is undetermined.

 

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

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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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