The bill H. 4090 proposes to amend the South Carolina Code of Laws by adding Section 22-5-940, which allows for the conditional discharge of one magistrate's level offense with the consent of both the accused and the prosecutor. Under this provision, if a person pleads guilty or is found guilty of a magistrate's level offense, the court can defer further proceedings and place the individual on probation without entering a judgment of guilt. This conditional discharge is not considered a conviction and can only occur once for any individual. However, the bill specifies that this option does not apply to those charged with driving under the influence of alcohol or drugs.

Additionally, upon successful completion of the terms and conditions of probation, the individual may apply to have all records related to their arrest and trial expunged. The bill also establishes a fee of $150 for the discharge process, which may be waived in cases of indigency. The revenue from this fee will be allocated to the State Treasurer and distributed among the judicial circuits based on population. The act will take effect upon approval by the Governor.

Statutes affected:
02/25/2025: 22-5-940
Latest Version: 22-5-940