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H 3282 - Requires the destruction of arrest records in cases of mistaken identity

Tracking Level: Of Interest
Sponsor: John King (D)
Last Action: 3/16/2021 - House - Member(s) request name added as sponsor: Brawley
House Committee: Judy
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Staff Analysis of the Legislation

Summary of the bill as introduced: Requires the destruction of arrest records of persons arrested as a result of mistaken identity no later than 180 days after an investigation by a law enforcement or prosecution agency.

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Session 124 - (2021-2022)Printer Friendly
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H 3282 General Bill, By King, Robinson, Henderson-Myers and Brawley
Summary: Arrest records
    A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-1-43 SO AS TO PROVIDE FOR THE DESTRUCTION OF ARREST RECORDS OF PERSONS ARRESTED AS A RESULT OF MISTAKEN IDENTITY NOT LATER THAN ONE HUNDRED EIGHTY DAYS AFTER AN INVESTIGATION BY A LAW ENFORCEMENT OR PROSECUTION AGENCY REVEALS THAT THE PERSON WAS ARRESTED AS A RESULT OF MISTAKEN IDENTITY AND TO PROVIDE THAT THE LAW ENFORCEMENT OR PROSECUTION AGENCY MAY NOT CHARGE OR COLLECT A FEE FOR THE DESTRUCTION OF ARREST RECORDS UNDER THESE CIRCUMSTANCES; AND BY ADDING SECTION 17-1-70 SO AS TO ALLOW PERSONS CHARGED WITH SPECIFIC OFFENSES TO PETITION TO HAVE THEIR CHARGES DISMISSED IF THEY HAVE NOT BEEN ADJUDICATED OR OTHERWISE DISMISSED AFTER A PERIOD OF TIME AND OTHER DELINEATED CONDITIONS ARE MET, AND TO PROVIDE PROCEDURES FOR THE DESTRUCTION OF THE RECORDS.
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12/09/20House Prefiled
12/09/20House Referred to Committee on Judiciary
01/12/21House Introduced and read first time (House Journal-page 144)
01/12/21House Referred to Committee on Judiciary (House Journal-page 144)
03/03/21House Member(s) request name added as sponsor: Henderson-Myers
03/16/21House Member(s) request name added as sponsor: Brawley



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