South Carolina H 3146: Limiting public access to certain information during a hearing

Bill Text

2025-2026 Bill 3146 Text of Previous Version (Dec. 06, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3146

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 
17-25-40 SO AS TO PROVIDE AT THE TIME OF SENTENCING DEFENDANTS CONVICTED OF 
CERTAIN CRIMES MAY SEEK TO AND THE COURT MAY LIMIT PUBLIC ACCESS TO CERTAIN INFORMATION 
PRESENTED DURING THESE HEARINGS.

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

SECTION 1. Chapter 25, Title 17 of the S.C. Code is amended by 
adding:

 Section 
17-25-40. (A) At the time of 
sentencing, the defendant may seek to limit public access to his sentencing 
information relating to:

 (1) 
his arrest;

 (2) 
charges filed against him; and

 (3) 
his case file and criminal history record in the custody of the State Law 
Enforcement Division, clerk of court, solicitor, or any other state or local 
agency. Information contained in his case file and criminal record includes, 
but is not limited to, any fingerprints or photographs taken in conjunction 
with an arrest.

 (B) If 
the defendant's motion to limit public access to his sentencing record is 
granted pursuant to subsection (A), then the court must order the defendant's 
public record sealed and made unavailable to the public.

 (C) 
This section shall apply to a sentencing hearing for a defendant convicted of 
any violent crime as contained in Section 16-1-60, except those contained in 
Chapter 53, Title 44.

 (D) 
When considering the defendant's request under this section, the court shall 
weigh the public's interest in the defendant's criminal history record 
information being publicly available and the harm to the defendant's privacy. 
The court must issue written findings of fact in its order based upon these 
considerations.

 (E) 
The court shall specify the date its order shall take effect.

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

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This web page was last updated on December 06, 2024 at 10:30 AM