Indicates Matter Stricken

Indicates New Matter

 

Amended

February 25, 2025

 

S. 136

 

Introduced by Senators Tedder, Leber, Kimbrell and Rice

 

S. Printed 2/25/25--S.

Read the first time January 14, 2025

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 17-1-65, RELATING TO THE EXPUNGEMENT OF CONVICTIONS FOR THE UNLAWFUL POSSESSION OF HANDGUNS, SO AS TO PROVIDE THE STATE MUST DISMISS CERTAIN PENDING UNLAWFUL HANDGUN POSSESSION CHARGES THAT OCCURRED PRIOR TO THE ENACTMENT OF THE South carolina CONSTITUTIONAL CARRY/SECOND AMENDMENT PRESERVATION ACT OF 2024, AND TO PROVIDE THE DISMISSAL OF THESE CHARGES DOES NOT MANDATE THE DISMISSAL OF OTHER RELATED CHARGES OR MAY SERVE AS A BASIS OR SUPPORT FOR CIVIL ACTIONS DUE TO THE ARREST.

    Amend Title To Conform

 

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

 

SECTION 1.  Section 17-1-65 of the S.C. Code is amended to read:

 

    Section 17-1-65. (A) A person may apply for an expungement of one conviction for unlawful possession of a handgun as provided in Section 16-23-20, if the conviction occurred prior to the enactment of the S.C. Constitutional Carry/Second Amendment Preservation Act of 2024. An application under this section must be made within five years of the enactment of this section.

    (B) The State must dismiss all charges pending against a person for unlawful possession of a handgun pursuant to Section 16-23-20 if the charges occurred prior to the enactment of the S.C. Constitutional Carry/Second Amendment Preservation Act of 2024, notwithstanding the savings clause contained in SECTION 25 of that act. However this section does not mandate an immediate dismissal, if such unlawful possession of a handgun charge was charged in conjunction with any other criminal offense arising out of the same facts and circumstances. Upon the disposition of those associated offenses the unlawful possession of a handgun offense under the prior Section 16-23-20 must be dismissed pursuant to this section and expunged provided a person has not previously had an expungement under subsection (A). Dismissal pursuant to this section may not serve as a basis or support for any civil action due to the arrest.

 

SECTION 2.  This act takes effect upon approval by the Governor.

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