H 3209 — AN ACT TO AMEND SECTION 17-22-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR THE EXPUNGEMENT OF CRIMINAL RECORDS FOR CERTAIN OFFENSES, SO AS TO ADD FIRST OFFENSE SIMPLE POSSESSION OR POSSESSION WITH INTENT TO DISTRIBUTE DRUGS TO THE LIST OF OFFENSES ELIGIBLE FOR EXPUNGEMENT, AND TO PROVIDE FOR ELIGIBILITY FOR EXPUNGEMENT OF OFFENSES SUBSEQUENTLY REPEALED WHEN THE ELEMENTS OF THE OFFENSE ARE CONSISTENT WITH AN EXISTING SIMILAR OFFENSE WHICH IS SUBJECT TO EXPUNGEMENT AND TO CLARIFY THAT EXPUNGEMENT PROVISIONS APPLY RETROACTIVELY TO THE OFFENSES DELINEATED; TO AMEND SECTION 22-5-910, RELATING TO SUMMARY COURT OFFENSES ELIGIBLE FOR EXPUNGEMENT, SO AS TO EXPAND ELIGIBILITY BEYOND FIRST OFFENSES AND CLARIFY THAT EXPUNGEMENT PROVISIONS APPLY RETROACTIVELY; TO AMEND SECTION 22-5-920, RELATING TO EXPUNGEMENT OF PERSONS CONVICTED AS YOUTHFUL OFFENDERS, SO AS TO REDEFINE "CONVICTION" TO EXPAND ELIGIBILITY, TO INCLUDE THAT A PERSON REQUIRED TO REGISTER ON THE SEX OFFENDER REGISTRY IS NOT ELIGIBLE FOR EXPUNGEMENT, AND PROVIDE RETROACTIVE APPLICATION UNDER CERTAIN CIRCUMSTANCES; BY ADDING SECTION 22-5-930 SO AS TO PROVIDE FOR EXPUNGEMENT ELIGIBILITY FOR FIRST OFFENSE CONVICTIONS OF CERTAIN CONTROLLED SUBSTANCE OFFENSES; TO AMEND SECTION 63-19-2050, RELATING TO DESTRUCTION OF RECORDS OF PERSONS ADJUDICATED DELINQUENT, SO AS TO ALLOW FOR EXPUNGEMENT OF ANY NUMBER OF OFFENSES FROM A SINGLE SENTENCING PROCEEDING FOR CLOSELY CONNECTED OFFENSES; TO AMEND SECTION 17-22-940, RELATING TO FEES ASSOCIATED WITH THE EXPUNGEMENT PROCESS, SO AS TO RESTRUCTURE THE FEES PROCESS AND ALLOW FOR THE COLLECTION OF PRIVATE DONATIONS, AND TO MAKE CONFORMING CHANGES; AND BY ADDING SECTION 17-22-960 SO AS TO PROVIDE IMMUNITY FOR EMPLOYERS WHO HIRE PERSONS WHOSE CRIMINAL RECORDS HAVE BEEN EXPUNGED. - ratified title
Last action — Act No. 254
-
✓Introduced
-
✓In Committee
-
✓Passed House
-
✓Passed Senate
-
✓To Executive
-
6Enacted
This bill has been enacted into law. Introduced December 15, 2016. Enacted.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
-
Enacted
Current position in the legislative process.
-
16 sponsors
16 primary, 0 co-sponsors signed on.
-
Cleared a recorded vote
Passed 7 recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Bill Text
We don't have the full text on file for this bill yet.
Read H 3209 on the official South Carolina source →Action History
-
Act No. 254
-
Effective date See Act
-
Veto overridden Ayes-35 Nays-5
-
Veto overridden by originating body Yeas-108 Nays-1
-
Vetoed by Governor
-
Ratified R 237
-
Roll call Yeas-83 Nays-13
-
Concurred in Senate amendment and enrolled
-
Reconsidered amendments to Senate amendments
-
Recalled from Senate
-
Returned to Senate with amendments
-
Senate amendment amended
-
Roll call Ayes-38 Nays-2
-
Read third time and returned to House with amendments
-
Amended
-
Reconsider vote whereby read third time and returned with amendments
-
Scrivener's error corrected
-
Roll call Ayes-38 Nays-2
-
Read third time and returned to House with amendments
-
Amended
-
Read second time
-
Amended
-
Committee report: Favorable Judiciary
-
Referred to Subcommittee: Hutto (ch), Malloy, Shealy, Rice, Timmons
-
Referred to Committee on Judiciary
-
Introduced and read first time
-
Scrivener's error corrected
-
Read third time and sent to Senate
-
Roll call Yeas-103 Nays-0
-
Read second time
-
Amended
-
Member(s) request name added as sponsor: Govan, Henegan, Dillard, Gilliard
-
Debate adjourned until Wed., 4-5-17
-
Requests for debate-Rep(s). Caskey, Simrill, JE Smith, West, Pitts, Jefferson, Ott, McCravy, Willis, Atwater, Ryhal, Johnson, Hart, Tallon, Douglas, Clary, Kirby, Brown, VS Moss, King, Hosey
-
Member(s) request name added as sponsor: King, Magnuson, Norrell, Martin, B.Newton, Long
-
Member(s) request name added as sponsor: Whipper, Brown, M.Rivers
-
Committee report: Favorable with amendment Judiciary
-
Member(s) request name added as sponsor: Crosby
-
Member(s) request name added as sponsor: Robinson-Simpson
-
Referred to Committee on Judiciary
-
Introduced and read first time
-
Referred to Committee on Judiciary
-
Prefiled
Sponsors
- Crosby · Primary
- Representative Chandra E. Dillard · Primary
- Brown · Primary
- Representative Josiah Magnuson · Primary
- Norrell · Primary
- Representative Thomas E. "Tommy" Pope · Primary
- Robinson-Simpson · Primary
- Jr. Representative Jerry N. Govan · Primary
- Representative Wendell G. Gilliard · Primary
- Representative John Richard C. King · Primary
- Whipper · Primary
- Representative Steven Wayne Long · Primary
- Representative Brandon Newton · Primary
- Representative David Martin · Primary
- Sr. Representative Michael F. Rivers · Primary
- Patricia Moore Henegan · Primary
Sponsorship breakdown
Export CSV (upgrade) →16 sponsors · 0 co-sponsors · 154 not signed on · 44 voted No
Sponsors (16)
- Crosby
- Representative Chandra E. Dillard Voted No
- Brown
- Representative Josiah Magnuson
- Norrell
- Representative Thomas E. "Tommy" Pope Voted No
- Robinson-Simpson
- Representative Jerry N. Govan, Jr. Voted No
- Representative Wendell G. Gilliard Voted No
- Representative John Richard C. King Voted No
- Whipper
- Representative Steven Wayne Long
- Representative Brandon Newton Voted No
- Representative David Martin
- Representative Michael F. Rivers, Sr. Voted No
- Henegan, Patricia Moore Voted No
Co-sponsors (0)
None.
Not signed on (154)
154 members have not signed on to this bill.
Show all 154 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 35 | 5 | 0 | 4 |
| Total | 35 | 5 | 0 | 4 |
| % of votes cast | 80% | 11% | 0% | 9% |
How each member voted (44)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 108 | 1 | 0 | 15 |
| Total | 108 | 1 | 0 | 15 |
| % of votes cast | 87% | 1% | 0% | 12% |
How each member voted (124)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 74 | 21 | 0 | 29 |
| Total | 74 | 21 | 0 | 29 |
| % of votes cast | 60% | 17% | 0% | 23% |
How each member voted (124)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 38 | 2 | 0 | 0 |
| Total | 38 | 2 | 0 | 0 |
| % of votes cast | 95% | 5% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 83 | 13 | 0 | 28 |
| Total | 83 | 13 | 0 | 28 |
| % of votes cast | 67% | 10% | 0% | 23% |
How each member voted (124)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 103 | 0 | 0 | 17 |
| Total | 103 | 0 | 0 | 17 |
| % of votes cast | 86% | 0% | 0% | 14% |
How each member voted (120)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 64 | 39 | 0 | 17 |
| Total | 64 | 39 | 0 | 17 |
| % of votes cast | 53% | 33% | 0% | 14% |
How each member voted (120)
Subjects
Frequently asked questions
- Who sponsors H 3209?
- H 3209 is sponsored by Crosby, Representative Chandra E. Dillard, Brown, Representative Josiah Magnuson, Norrell, Representative Thomas E. "Tommy" Pope, Robinson-Simpson, Representative Jerry N. Govan, Jr., Representative Wendell G. Gilliard, Representative John Richard C. King, Whipper, Representative Steven Wayne Long, Representative Brandon Newton, Representative David Martin, Representative Michael F. Rivers, Sr., and Henegan, Patricia Moore.
- What is the current status of H 3209?
- This bill has been enacted into law. Introduced December 15, 2016. Enacted.
- Where can I track H 3209?
- Track H 3209 free on One Click Politics — get push/email alerts when it moves.
Make your voice heard on H 3209
Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.
Stay ahead of H 3209
Last checked for changes 3 months ago · updated continuously
One Click Politics tracks every bill in Congress and all 50 states.
Track this bill →