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S 0255 - Requires removal of arrest records on websites if the charges have been dismissed or discharged

Tracking Level: Passed
Sponsor: Paul Thurmond
Last Action: 2/23/2016 - Act No. 132
Senate Committee:
Assigned To:
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Staff Analysis of the Legislation

02.08.2016 The conference committee was granted free conference powers to change the bill. The final conference report expands expungement law to municipal ordinance offenses, among others. The bill also makes the new expungement availability retroactive to individuals who were previously denied expungement.
01.21.2016 A conference committee met but did not take action on the bill.
05.05.2015 The House Judiciary Committee gave this bill a favorable report.
04.30.2015 The House Judiciary Criminal Laws subcommittee gave this bill a favorable report with an amendment. The amendment allows the records up for destruction to be retained beyond the statutory period if they are being used in an ongoing action.
03.24.2015 The Senate Judiciary Committee gave this bill a favorable report with an amendment. The amendment provides that for dismissed criminal offenses, including traffic offenses and local ordinance offenses, for which an individual was not fingerprinted are eligible for expungement.
03.17.2015 The Senate Judiciary Committee carried this bill over.
03.11.2015 A Senate Judiciary subcommittee took no action although it was on the agenda.
03.10.2015 The Senate Judiciary Committee recommitted this bill back to the subcommittee
03.03.2015 The Senate Judiciary Committee carried this bill over.
02.24.2015 The Senate Judiciary Committee carried this bill over.
02.17.2015 A Senate Judiciary subcommittee gave this bill a favorable report as amended. As soon as the amendment is written by Senate staff, it will be posted.
Summary of the bill as introduced: Requires removal of arrest records on websites within 30 days if the charges have been dismissed, discharged or the person is found not guilty.

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Session 121 - (2015-2016)Printer Friendly
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S*0255 (Rat #0134, Act #0132 of 2016) General Bill, By Thurmond
Similar (H 3700)
Summary: Destruction of booking and arrest records
    AN ACT TO AMEND SECTION 17-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXPUNGEMENT AND THE PROCEDURE FOR RETENTION AND DESTRUCTION OF CRIMINAL RECORDS, SO AS TO CLARIFY WHEN DESTRUCTION OF CERTAIN RECORDS RELATING TO ARREST AND BOOKING IS REQUIRED, TO GIVE THE SOLICITOR DISCRETION TO NOTIFY THE STATE LAW ENFORCEMENT DIVISION TO AMEND A PERSON'S RECORD IF A PERSON PLEADS GUILTY TO A LESSER INCLUDED OFFENSE, AND TO DELETE PROVISIONS WHICH EXCLUDE EXPUNGEMENT FOR CERTAIN WILDLIFE AND DRIVING OFFENSES; BY ADDING SECTION 17-1-60 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON OR ENTITY TO PUBLISH ON THE PERSON'S OR ENTITY'S WEBSITE OR ANY OTHER PUBLICATION THE ARREST AND BOOKING RECORDS OF A PERSON AND REMOVAL OR REVISION OF THOSE RECORDS THAT REQUIRES THE PAYMENT OF A FEE OR OTHER CONSIDERATION, TO PROVIDE PROCEDURES FOR THE REMOVAL OF SUCH RECORDS UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE A PENALTY FOR A VIOLATION, AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 17-22-950, AS AMENDED, RELATING TO EXPUNGEMENT OF CERTAIN CRIMINAL CHARGES IN SUMMARY COURT, SO AS TO PROVIDE FURTHER PROCEDURES FOR SUMMARY COURT ORDERS OF EXPUNGEMENT AND THE REMOVAL OF RECORDS FROM ALL INTERNET-BASED PUBLIC RECORDS; TO AMEND SECTION 22-5-910, AS AMENDED, RELATING TO EXPUNGEMENT OF CRIMINAL RECORDS, SO AS TO DELETE PROVISIONS WHICH EXCLUDE EXPUNGEMENT FOR CERTAIN WILDLIFE AND DRIVING OFFENSES; AND TO AMEND SECTION 22-5-920, AS AMENDED, RELATING TO YOUTHFUL OFFENDER CONVICTIONS, SO AS TO DELETE PROVISIONS WHICH EXCLUDE EXPUNGEMENT FOR CERTAIN WILDLIFE AND DRIVING OFFENSES. - ratified title
View full text          View Vote History          View Fiscal Impact
12/10/14Senate Prefiled
12/10/14Senate Referred to Committee on Judiciary
01/13/15Senate Introduced and read first time (Senate Journal-page 155)
01/13/15Senate Referred to Committee on Judiciary (Senate Journal-page 155)
06/04/15Senate Conference committee appointed Alloen, Hembree, Thurmond
01/30/15Senate Referred to Subcommittee: Thurmond (ch), Allen, Corbin
03/25/15Senate Committee report: Favorable with amendment Judiciary (Senate Journal-page 16)
03/26/15 Scrivener's error corrected
04/01/15 Scrivener's error corrected
04/01/15Senate Committee Amendment Adopted (Senate Journal-page 37)
04/07/15 Scrivener's error corrected
04/08/15 Scrivener's error corrected
04/15/15Senate Read second time (Senate Journal-page 16)
04/15/15Senate Roll call Ayes-43 Nays-0 (Senate Journal-page 16)
04/16/15Senate Read third time and sent to House (Senate Journal-page 15)
04/21/15House Introduced and read first time (House Journal-page 15)
04/21/15House Referred to Committee on Judiciary (House Journal-page 15)
05/06/15House Committee report: Favorable with amendment Judiciary (House Journal-page 37)
05/12/15House Amended (House Journal-page 18)
05/12/15House Requests for debate-Rep(s). Tallon, Rutherford, Jefferson, King, Gagnon, WJ McLeod, Hart, McEachern, Daning, Crosby, Bradley, Clyburn, Hosey, Anderson, GA Brown, RL Brown, Allison, Forrester, Clarey, Kirby, Henegan, Hiott, Kennedy, GR Smith, Norman, Williams, Dilliards, Weeks (House Journal-page 18)
05/14/15House Debate adjourned until Wed., 5-20-15 (House Journal-page 24)
06/02/15House Debate adjourned until Wed., 6-3-15 (House Journal-page 65)
06/03/15House Amended (House Journal-page 152)
06/03/15House Read second time (House Journal-page 152)
06/03/15House Roll call Yeas-95 Nays-1 (House Journal-page 163)
06/04/15House Read third time and returned to Senate with amendments (House Journal-page 26)
06/04/15House Roll call Yeas-104 Nays-0 (House Journal-page 26)
06/04/15Senate Non-concurrence in House amendment (Senate Journal-page 91)
06/04/15Senate Roll call Ayes-1 Nays-38 (Senate Journal-page 91)
06/04/15House House insists upon amendment and conference committee appointed Reps. Finlay, Tallon, Rutherford (House Journal-page 53)
06/04/15Senate Conference committee appointed Allen, Hembree, Thurmond (Senate Journal-page 32)
01/28/16House Free conference powers granted
01/28/16House Roll call Yeas-96 Nays-0
01/28/16House Free conference committee appointed Tallon, Finlay, Rutherford
01/28/16Senate Free conference powers granted (Senate Journal-page 34)
01/28/16Senate Roll call Ayes-38 Nays-0 (Senate Journal-page 34)
01/28/16Senate Free conference committee appointed Allen, Hembree and Thurmond (Senate Journal-page 34)
01/28/16Senate Free conference report received and adopted (Senate Journal-page 34)
01/28/16Senate Roll call Ayes-38 Nays-0 (Senate Journal-page 34)
02/03/16House Free conference report adopted (House Journal-page 35)
02/03/16House Roll call Yeas-107 Nays-0 (House Journal-page 35)
02/03/16Senate Ordered enrolled for ratification (Senate Journal-page 35)
02/11/16 Ratified R 134
02/16/16 Signed By Governor
02/19/16 Effective date See Act for Effective Date
02/23/16 Act No. 132



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