South Carolina S 138: Transportation of handicapped students

Bill Text

2025-2026 Bill 138 Text of Previous Version (Jan. 17, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 138

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING 
SECTION 17-1-65, RELATING TO THE SOUTH CAROLINA CONSTITUTIONAL CARRY/SECOND 
AMENDMENT PRESERVATION ACT OF 2024, SO AS TO PROVIDE THAT THE STATE MUST 
DISMISS SELECT PENDING UNLAWFUL HANDGUN POSSESSION CHARGES.

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 of South Carolina must 
dismiss all charges pending against a person for unlawful possession of a 
handgun pursuant of Section 13-23-20 that were nullified by 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. If such 
unlawful possession of a handgun charge was used as probable cause for another 
offense arising from the same incident, this section does not mandate that 
those associated charges be dismissed. Dismissal of the Section 16-23-20 charge 
may not serve as a basis or support for any civil action due to the arrest of 
the Section 16-23-20 charge by law enforcement officers or prosecutors.

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

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This web page was last updated on January 17, 2025 at 03:06 PM