View Amendment Current Amendment: JUD0512.002.DOCX to Bill 512     The Committee on Judiciary proposed the following amendment (JUD0512.002):
    Amend the bill, as and if amended, by striking all after the enacting language and inserting:

    /         SECTION     1.     Article 7, Chapter 11, Title 16 of the 1976 Code is amended by adding:

    "Section 16-11-745.     (A)     It shall be unlawful for any person to wilfully and maliciously injure, destroy, damage, tamper with, obstruct, or impair a public water system as defined by Section 44-55-20(13) or a public sewer system of the state or a political subdivision of the state, or any part thereof, or any machinery, apparatus, or equipment of the water system, or to pollute the water in any part of its system, or to obtain water therefrom except in accordance with the regulations promulgated by the appropriate agency of the state or political subdivision.
    (B)     A person who violates this section, upon conviction, shall be liable to pay all damages suffered by the water system, and is guilty of a:
        (1)     misdemeanor and must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the injury to the property or the property loss is worth ten thousand dollars or more;
        (2)     misdemeanor and must be fined in the discretion of the court or imprisoned not more than five years, or both, if the injury to the property or the property loss is worth more than two thousand dollars but less than ten thousand dollars;
        (3)     misdemeanor triable in magistrates court or municipal court, notwithstanding the provisions of Sections 22-3-540, 22-3-545, 22-3-550, and 14-25-65, if the injury to the property or the property loss is worth two thousand dollars or less and must be fined not more than one thousand dollars, or imprisoned not more than thirty days, or both."

SECTION     2.     Section 5-31-20 of the 1976 code is deleted.

SECTION     3.     Section 6-13-90 of the 1976 code is deleted.

SECTION     4.     Notwithstanding any other provision of law, the penalties contained in this act shall be imposed in all cases where a person wilfully injures or destroys, or in any manner hurts, damages, tampers with, obstructs, or impairs a water system of any political subdivision of the state, or any part thereof, or any machinery, apparatus, or equipment of the district, or pollutes the water in any part of its system, or obtains water therefrom except in accordance with the regulations promulgated by the district. Any provision of law to the contrary regarding a penalty for a violation of this nature is superseded by the provisions of this act.

SECTION     5.     This act takes effect upon approval by the Governor.

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    Renumber sections to conform.
    Amend title to conform.