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SC H4090
Bill
Status
2/25/2025
Primary Sponsor
Seth Rose
Click for details
AI Summary
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Allows courts to grant conditional discharge for magistrate-level offenses (misdemeanors) with consent of both the accused and prosecutor, placing the person on probation without entering a judgment of guilt
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Upon successful completion of probation terms, the charge is dismissed without conviction and does not count as a criminal conviction for legal purposes, including enhanced penalties for repeat offenses
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Excludes DUI/DWI offenses from eligibility for conditional discharge under this provision
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Limits conditional discharge to a one-time benefit per person; a nonpublic record is maintained by SLED to track eligibility for future cases
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Requires a $150 fee (waivable for indigent defendants) before discharge, with funds distributed to the state's 16 judicial circuits through the Prosecution Coordination Commission on a per capita basis
Legislative Description
Conditional discharge, magistrate level offenses
Last Action
Referred to Committee on Judiciary
2/25/2025