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A391, R346, H4965

STATUS INFORMATION

General Bill
Sponsors: Reps. Loftis, Pinson, Hardwick, Barfield, Bannister, Ceips, Clark, Clemmons, Coates, Davenport, Duncan, Edge, Frye, Hamilton, Harrison, Haskins, Hiott, Mahaffey, Merrill, Norman, Owens, Perry, M.A. Pitts, Sandifer, Scarborough, F.N. Smith, Stewart, Talley, Walker, Witherspoon, Young, Mitchell, McLeod, Leach, Altman and Harrell
Document Path: l:\council\bills\nbd\12382ac06.doc
Companion/Similar bill(s): 1295

Introduced in the House on April 6, 2006
Introduced in the Senate on April 26, 2006
Last Amended on May 9, 2006
Passed by the General Assembly on May 24, 2006
Governor's Action: May 31, 2006, Vetoed
Legislative veto action(s): Veto overridden

Summary: Funeral services

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
    4/6/2006  House   Introduced and read first time HJ-5
    4/6/2006  House   Referred to Committee on Judiciary HJ-5
   4/18/2006  House   Member(s) request name added as sponsor: Mitchell
   4/19/2006  House   Member(s) request name added as sponsor: McLeod
   4/19/2006  House   Recalled from Committee on Judiciary HJ-18
   4/20/2006  House   Member(s) request name added as sponsor: Leach, Altman
   4/25/2006  House   Member(s) request name added as sponsor: Harrell
   4/25/2006  House   Amended HJ-50
   4/25/2006  House   Read second time HJ-51
   4/26/2006  House   Read third time and sent to Senate HJ-12
   4/26/2006          Scrivener's error corrected
   4/26/2006  Senate  Introduced and read first time SJ-17
   4/26/2006  Senate  Referred to Committee on Judiciary SJ-17
   4/26/2006  Senate  Referred to Subcommittee: Hawkins (ch), Cromer, Sheheen, 
                        Lourie
   4/27/2006  Senate  Recalled from Committee on Judiciary SJ-7
    5/9/2006  Senate  Amended SJ-7
    5/9/2006  Senate  Read second time SJ-7
   5/17/2006  Senate  Read third time and returned to House with amendments 
                        SJ-26
   5/24/2006  House   Concurred in Senate amendment and enrolled HJ-34
   5/25/2006          Ratified R 346
   5/31/2006          Vetoed by Governor
    6/1/2006  House   Veto overridden by originating body Yeas-105  Nays-0 
                        HJ-167
   6/14/2006  Senate  Veto overridden Yeas-44  Nays-0 SJ-99
   6/21/2006          Copies available
   6/21/2006          Effective date 06/14/06
   6/28/2006          Act No. 391

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

4/6/2006
4/19/2006
4/25/2006
4/26/2006
4/27/2006
5/9/2006

(A391, R346, H4965)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-525 SO AS TO MAKE IT UNLAWFUL FOR A PERSON TO WILFULLY, KNOWINGLY, OR MALICIOUSLY DISTURB OR INTERRUPT A FUNERAL SERVICE AND TO MAKE IT UNLAWFUL TO UNDERTAKE AN ACTIVITY AT A CEMETERY, OTHER THAN DECOROUS PARTICIPATION IN A SERVICE OR VISITATION AT A BURIAL SPACE, AND TO PROVIDE PENALTIES.

Be it enacted by the General Assembly of the State of South Carolina:

Crime created

SECTION    1.    Chapter 17, Title 16 of the 1976 Code is amended by adding:

"Section 16-17-525.    (A)    It is unlawful for a person to wilfully, knowingly, or maliciously disturb or interrupt a funeral service. A person who violates this subsection is guilty of a misdemeanor and, upon conviction, shall be fined not more than five hundred dollars or imprisoned not more than thirty days. This subsection applies to a wilful, knowing, or malicious disturbance or interruption within:

(1)    one thousand feet of the funeral service; and

(2)    a time period of one-half hour before the funeral service until one-half hour after the funeral service.

(B)    It is unlawful for a person to undertake an activity at a public or privately owned cemetery, other than the decorous participation in a funeral service or visitation of a burial space, without the prior written approval of the public or private owner. A person who violates this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days.

(C)    For purposes of this section, 'funeral service' means any ceremony, procession, or memorial held in connection with the memorialization, burial, cremation, or other disposition of a deceased person's body."

Time effective

SECTION    2.    This act takes effect upon approval by the Governor.

Ratified the 25th day of May, 2006.

Vetoed by the Governor -- 5/31/06.

Veto overridden by House -- 6/1/06.

Veto overridden by Senate -- 6/14/06.

This web page was last updated on Friday, December 4, 2009 at 3:53 P.M.