Current Status Bill Number:4042 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970416 Primary Sponsor:Jennings All Sponsors:Jennings and Boan Drafted Document Number:gjk\20542sd.97 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Firearm, point at law enforcement officer acting in line of duty; penalties increased, Weapons, Crimes and Offenses
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ Senate 19970520 Introduced, read first time, 11 SJ referred to Committee House 19970515 Read third time, sent to Senate House 19970514 Read second time House 19970507 Request for debate withdrawn by Representative J. Brown House 19970501 Request for debate by Representative Scott Lloyd Moody- Lawrence Howard Canty J. Brown House 19970429 Recalled from Committee 25 HJ House 19970416 Introduced, read first time, 25 HJ referred to CommitteeView additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
RECALLED
April 29, 1997
H. 4042
S. Printed 4/29/97--H.
Read the first time April 16, 1997.
TO AMEND SECTION 16-23-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FELONY OF UNLAWFULLY POINTING OR PRESENTING A FIREARM AT ANOTHER PERSON, SO AS TO INCREASE THE PENALTIES FOR VIOLATION WHERE THE PERSON AT WHOM THE FIREARM IS POINTED IS A LAW ENFORCEMENT OFFICER ACTING IN THE LINE OF DUTY WHICH SHALL INCLUDE A MANDATORY MINIMUM TERM OF IMPRISONMENT OF NOT LESS THAN TEN YEARS NOR MORE THAN THIRTY YEARS, NO PART OF WHICH MAY BE SUSPENDED, PROBATION FOR WHICH MAY NOT BE GRANTED FOR ANY PORTION, AND FOR WHICH A PERSON IS NOT ELIGIBLE FOR PAROLE UNTIL HE HAS SERVED AT LEAST SEVEN YEARS OF HIS SENTENCE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-23-410 of the 1976 Code, as last amended by Section 46, Act 184 of 1993, is further amended to read:
"Section 16-23-410. (A) It is unlawful for a person to present or point at another person a loaded or unloaded firearm.
(B) A person who violates the provisions of this section, where the person at whom the firearm is pointed is not a law enforcement officer acting in the line of duty, is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years.
(C) A person who violates the provisions of this section where the person at whom the firearm is pointed is a law enforcement officer acting in the line of duty is guilty of a felony and, upon conviction, must be imprisoned for a mandatory minimum term of not less than ten years nor more than thirty years, no part of which may be suspended or probation granted for any portion. A person convicted under this subsection is not eligible for parole until the person has served at least seven years of the sentence.
(D) This section must not be construed to abridge the right of self-defense or to apply to theatricals or like performances."
SECTION 2. This act takes effect upon approval by the Governor.