2001-2002 Bill 5269: Expungement of Arrest and Youthful Offender Conviction, Defendant

2001-2002 Bill 5269: Expungement of Arrest and Youthful Offender Conviction, Defendant

BIL:5269

RTN:480

ACN:1 of 2003

TYP:General Bill GB

INB:House

IND:20020514

PSP:Jennings

SPO:Jennings

DDN:l:\council\bills\pt\1985dw02.doc

DPB:20020604

GOV:S

DGA:20021121

SUB:Expungement of arrest and youthful offender conviction, defendant may apply to circuit court for after fifteen years

HST:

BodyDateAction DescriptionComLeg Involved

______

------20030203Act No. A1 of 2003

------20021121Signed by Governor

------20020606Ratified R480

Senate20020604Read third time, enrolled for

ratification

Senate20020530Read second time, notice of

general amendments

Senate20020529Unanimous consent for second

reading with notice of general

amendments on the next Legislative day

Senate20020529Recalled from Committee,11 SJ

placed on the Calendar

Senate20020529Introduced, read first time,11 SJ

referred to Committee

House20020529Read third time, sent to Senate

House20020528Read second time

House20020522Committee report: Favorable25 HJ

House20020514Introduced, read first time,25 HJ

referred to Committee

Versions of This Bill

Revised on 20020522

Revised on 20020529

TXT:

NOTE: THIS COPY IS A TEMPORARY VERSION. THIS DOCUMENT WILL REMAIN IN THIS VERSION UNTIL PUBLISHED IN THE ADVANCE SHEETS TO THE ACTS AND JOINT RESOLUTIONS. WHEN THIS DOCUMENT IS PUBLISHED IN THE ADVANCE SHEET, THIS NOTE WILL BE REMOVED.

NOTE: THIS COPY IS A TEMPORARY VERSION. THIS IS NOT THE FINAL VERSION.

(A1, R480, H5269 of 2002)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 225920 SO AS TO AUTHORIZE A DEFENDANT AFTER FIFTEEN YEARS OF A CONVICTION AS A YOUTHFUL OFFENDER TO APPLY TO THE CIRCUIT COURT FOR AN ORDER EXPUNGING THE ARREST AND CONVICTION OF THE DEFENDANT.

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

Expungement of record

SECTION1.The 1976 Code is amended by adding:

“Section 225920.(A)As used in this section, ‘conviction’ includes a guilty plea, a plea of nolo contendere, or the forfeiting of bail.

(B)Following a first offense conviction as a youthful offender, the defendant after fifteen years from the date of the conviction may apply, or cause someone acting on his behalf to apply, to the circuit court for an order expunging the records of the arrest and conviction. However, this section does not apply to an offense involving the operation of a motor vehicle, to a violation of Title 50 or the regulations promulgated under it for which points are assessed, suspension provided for, or enhanced penalties for subsequent offenses authorized, to an offense classified as a violent crime in Section 16160, or to an offense contained in Chapter 25 of Title 16, except as otherwise provided in Section 162530. If the defendant has had no other conviction during the fifteenyear period following the first offense conviction as a youthful offender, the circuit court may issue an order expunging the records. No person may have his records expunged under this section more than once. A person may have his record expunged even though the conviction occurred before the effective date of this section.

(C)After the expungement, the South Carolina Law Enforcement Division is required to keep a nonpublic record of the offense and the date of its expungement to ensure that no person takes advantage of the rights permitted by this section more than once. This nonpublic record is not subject to release under Section 341195, the Freedom of Information Act, or another provision of law, except to those authorized law enforcement or court officials who need this information in order to prevent the rights afforded by this section from being taken advantage of more than once.”

Time effective

SECTION2.This act takes effect upon approval by the Governor.

Ratified the 6th day of June, 2002.

Approved the 21st day of November, 2002.

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