South Carolina H 4090: Wando HS cross country champs

Bill Text

2025-2026 Bill 4090 Text of Previous Version (Feb. 25, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 4090

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 ADDING SECTION 22-5-940 SO AS TO PROVIDE FOR THE CONDITIONAL DISCHARGE OF 
ONE MAGISTRATE's LEVEL OFFENSE WITH THE CONSENT OF THE PROSECUTOR OR 
PROSECUTING OFFICER.

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

SECTION 1. Article 11, Chapter 5, Title 
22 of the S.C. Code is amended by adding:

 Section 
22-5-940. (A)(1) Except as provided 
in item (2), whenever any person who pleads guilty to or is found guilty of a 
magistrate's level offense, the court, without entering a judgment of guilt and 
with the consent of both the accused and the prosecutor or prosecuting officer, 
may defer further proceedings and place him on probation upon terms and 
conditions as it requires. Upon violation of a term or condition, the court may 
enter an adjudication of guilt and proceed as otherwise provided. Upon 
fulfillment of the terms and conditions, the court shall discharge the person 
and dismiss the proceedings against him. Discharge and dismissal under this 
section shall be without court adjudication of guilt and is not a conviction 
for purposes of this section or for purposes of disqualifications or 
disabilities imposed by law upon conviction of a crime, including the 
additional penalties imposed for second or subsequent convictions. However, a 
nonpublic record shall be forwarded to and retained by the South Carolina Law 
Enforcement Division solely for the purpose of use by the courts in determining 
whether or not a person has committed a subsequent offense under this article. 
Discharge and dismissal under this section may occur only once with respect to 
any person.

 (2) This section does not apply to 
persons charged with driving under the influence of alcohol or drugs.

 (B) Upon the dismissal of the person 
and discharge of the proceedings against him pursuant to subsection (A), the 
person may apply to the court for an order to expunge from all official records 
all recordation relating to his arrest, indictment or information, trial, 
finding of guilt, and dismissal and discharge pursuant to this section. If the 
court determines, after hearing, that the person was dismissed and the 
proceedings against him discharged, it shall enter the order. The effect of the 
order is to restore the person, in the contemplation of the law, to the status 
he occupied before the arrest or indictment or information. No person as to 
whom the order has been entered may be held pursuant to another provision of 
law to be guilty of perjury or otherwise giving a false statement by reason of 
his failure to recite or acknowledge the arrest, or indictment or information, 
or trial in response to an inquiry made of him for any purpose.

 (C) Before a person may be discharged 
and the proceedings dismissed pursuant to this section, the person must pay a 
fee of one hundred fifty dollars. No portion of the fee may be waived, reduced, 
or suspended, except in cases of indigency. If the court determines that a 
person is indigent, the court may partially or totally waive, reduce, or 
suspend the fee. The revenue collected pursuant to this subsection must be 
retained by the jurisdiction that heard or processed the case and paid to the 
State Treasurer within thirty days of receipt. The State Treasurer shall 
transmit these funds to the Prosecution Coordination Commission which shall 
then apportion these funds among the sixteen judicial circuits on a per capita 
basis equal to the population in that circuit compared to the population of the 
State as a whole based on the most recent official United States census.

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

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This web page was last updated on February 25, 2025 at 01:01 PM