The bill H. 3146 proposes an amendment to the South Carolina Code of Laws by adding Section 17-25-40, which allows defendants convicted of certain crimes to seek limitations on public access to their sentencing information during hearings. Specifically, the bill outlines that defendants can request to limit access to information regarding their arrest, charges filed against them, and their case file and criminal history records held by various state and local agencies. If the court grants this request, it must seal the defendant's public record, making it unavailable to the public.

Additionally, the bill stipulates that this provision applies to sentencing hearings for defendants convicted of violent crimes, as defined in Section 16-1-60, with exceptions for certain offenses in Chapter 53, Title 44. The court is required to consider the public's interest in accessing the defendant's criminal history against the potential harm to the defendant's privacy, and it must provide written findings of fact in its order. The bill will take effect upon approval by the Governor.

Statutes affected:
12/05/2024: 17-25-40
Latest Version: 17-25-40