2013-2014 Bill 3568: Altering, tampering with, or bypassing electric, gas, or water meters

South Carolina General Assembly
120th Session, 2013-2014

Download This Bill in Microsoft Word format

A23, R34, H3568

STATUS INFORMATION

General Bill
Sponsors: Reps. Weeks, Sandifer and Gilliard
Document Path: l:\council\bills\ms\7131ahb13.docx
Companion/Similar bill(s): 274, 3408

Introduced in the House on February 19, 2013
Introduced in the Senate on April 10, 2013
Last Amended on April 18, 2013
Passed by the General Assembly on April 24, 2013
Governor's Action: May 3, 2013, Signed

Summary: Altering, tampering with, or bypassing electric, gas, or water meters

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   2/19/2013  House   Introduced and read first time (House Journal-page 46)
   2/19/2013  House   Referred to Committee on Labor, Commerce and Industry 
                        (House Journal-page 46)
   2/27/2013  House   Recalled from Committee on Labor, Commerce and Industry 
                        (House Journal-page 57)
   2/27/2013  House   Referred to Committee on Judiciary 
                        (House Journal-page 57)
   3/20/2013  House   Committee report: Favorable with amendment Judiciary 
                        (House Journal-page 45)
   3/21/2013          Scrivener's error corrected
    4/9/2013  House   Member(s) request name added as sponsor: Gilliard
    4/9/2013  House   Amended (House Journal-page 34)
    4/9/2013  House   Read second time (House Journal-page 34)
    4/9/2013  House   Roll call Yeas-111  Nays-0 (House Journal-page 40)
   4/10/2013  House   Read third time and sent to Senate 
                        (House Journal-page 10)
   4/10/2013  Senate  Introduced and read first time (Senate Journal-page 12)
   4/10/2013  Senate  Referred to Committee on Judiciary 
                        (Senate Journal-page 12)
   4/10/2013          Scrivener's error corrected
   4/16/2013  Senate  Recalled from Committee on Judiciary 
                        (Senate Journal-page 5)
   4/17/2013  Senate  Amended (Senate Journal-page 28)
   4/18/2013  Senate  Amended (Senate Journal-page 16)
   4/18/2013  Senate  Read second time (Senate Journal-page 16)
   4/18/2013  Senate  Roll call Ayes-42  Nays-0 (Senate Journal-page 16)
   4/23/2013  Senate  Read third time and returned to House with amendments 
                        (Senate Journal-page 26)
   4/24/2013  House   Concurred in Senate amendment and enrolled 
                        (House Journal-page 104)
   4/24/2013  House   Roll call Yeas-101  Nays-0 (House Journal-page 104)
    5/2/2013          Ratified R 34
    5/3/2013          Signed By Governor
   5/13/2013          Effective date 05/03/13
   5/13/2013          Act No. 23

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

2/19/2013
3/20/2013
3/21/2013
4/9/2013
4/10/2013
4/16/2013
4/17/2013
4/18/2013

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A23, R34, H3568)

AN ACT TO AMEND SECTION 16-13-385, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALTERING, TAMPERING WITH, OR BYPASSING ELECTRIC, GAS, OR WATER METERS, SECTION 58-7-60, RELATING TO THE UNLAWFUL APPROPRIATION OF GAS, AND SECTION 58-7-70, RELATING TO THE WRONGFUL USE OF GAS AND INTERFERENCE WITH GAS METERS, ALL SO AS TO RESTRUCTURE THE PENALTIES AND PROVIDE GRADUATED PENALTIES FOR VIOLATIONS OF THE STATUTES.

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

Altering or tampering with electric, gas, or water meters, penalties restructured, graduated penalties created

SECTION 1. Section 16-13-385 of the 1976 Code is amended to read:

"Section 16-13-385. (A) It is unlawful for an unauthorized person to alter, tamper with, or bypass a meter which has been installed for the purpose of measuring the use of electricity, gas, or water.

A meter found in a condition which would cause electricity, gas, or water to be diverted from the recording apparatus of the meter or to cause the meter to inaccurately measure the use of electricity, gas, or water or the attachment to a meter or distribution wire of any device, mechanism, or wire which would permit the use of unmetered electricity, gas, or water or would cause a meter to inaccurately measure the use is prima facie evidence that the person in whose name the meter was installed or the person for whose benefit electricity, gas, or water was diverted caused the electricity, gas, or water to be diverted from going through the meter or the meter to inaccurately measure the use of the electricity, gas, or water.

(B) A person who violates the provisions of this section for a:

(1) first offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days;

(2) second offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than three years, or both; and

(3) third or subsequent offense, is guilty of a felony and, upon conviction, must be fined not more than fifteen thousand dollars or imprisoned not more than five years, or both.

(C) A person who violates the provisions of this section for profit or income on behalf of a person in whose name the meter was installed or a person for whose benefit electricity, gas, or water was diverted for a:

(1) first offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than one year, or both;

(2) second offense, is guilty of misdemeanor and, upon conviction, must be fined not more than three thousand dollars or imprisoned for not more than three years or both; and

(3) third or subsequent offense, is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than five years, or both.

(D) A person who violates the provisions of this section and the violation results in property damage in excess of five thousand dollars or results in the risk of great bodily injury or death from fire, explosion, or electrocution for a:

(1) first offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than one year, or both;

(2) second offense, is guilty of misdemeanor and, upon conviction, must be fined not more than three thousand dollars or imprisoned for not more than three years or both; and

(3) third or subsequent offense, is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than five years, or both.

(E) A person who violates the provisions of this section and the violation results in:

(1) great bodily injury to another person is guilty of a felony and, upon conviction, must be fined not more than fifteen thousand dollars or imprisoned not more than fifteen years, or both. For purposes of this item, 'great bodily injury' means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ; and

(2) the death of another person is guilty of a felony and, upon conviction, must be imprisoned not more than thirty years.

(F) This section does not apply to licensed and certified contractors while performing usual and ordinary service in accordance with recognized standards.

(G) A person who violates the provisions of this section for the purpose of growing or manufacturing controlled substances listed, or to be listed, in the schedules in Sections 44-53-190, 44-53-210, 44-53-230, 44-53-250, and 44-53-270 is guilty of a felony and, upon conviction, must be fined not more than fifteen thousand dollars or imprisoned for not more than ten years, or both."

Unlawful appropriation of gas, penalties restructured, graduated penalties created

SECTION 2. Section 58-7-60 of the 1976 Code is amended to read:

"Section 58-7-60. (A) It is unlawful for a person who has no contract, agreement, license or permission with or from a person or corporation authorized to manufacture, sell or use gas for the purpose of light, heat, or power or with or from an authorized agent of a person or corporation for the use of gas belonging to, or produced or furnished by, a person or corporation who shall wilfully withdraw or cause to be withdrawn in any manner and appropriate gas from the pipes or conduits of a person or corporation for his own use or for the use of another person or corporation.

(B) A person who violates the provisions of this section for a:

(1) first offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days;

(2) second offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than three years, or both; and

(3) third or subsequent offense, is guilty of a felony and, upon conviction, must be fined not more than fifteen thousand dollars or imprisoned not more than five years, or both.

(C) A person who violates the provisions of this section and the violation results in property damage in excess of five thousand dollars or results in the risk of great bodily injury or death from fire, explosion, or electrocution for a:

(1) first offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than one year, or both;

(2) second offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than three thousand dollars or imprisoned for not more than three years or both; and

(3) third or subsequent offense, is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than five years, or both.

(D) A person who violates the provisions of this section and the violation results in:

(2) the death of another person is guilty of a felony and, upon conviction, must be imprisoned not more than thirty years.

(E) Notwithstanding the provisions of this section, a person who aids, abets, or assists another person in withdrawing and appropriating gas from pipes or conduits to or for the use of another person or to or for the use of another person or corporation for a:

(1) first offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than one year, or both;

(2) second offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than three thousand dollars or imprisoned for not more than three years, or both; and

(3) third or subsequent offense, is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than five years, or both.

(F) This section does not apply to licensed and certified contractors while performing usual and ordinary service in accordance with recognized standards."

Wrongful use of gas and interference with gas meters, penalties restructured, graduated penalties created

SECTION 3. Section 58-7-70 of the 1976 Code is amended to read:

"Section 58-7-70. (A) It is unlawful for a person who has a contract, agreement, license or permission, oral or written, with or from a person or corporation authorized to manufacture, sell or use gas for the purpose of light, heat, or power or with or from an authorized agent of a person or corporation for the use of the gas belonging to, or produced or furnished by, a person or corporation for certain specified purposes who shall wilfully and intentionally withdraw, or cause to be withdrawn, gas in any manner and appropriate it to his own use or to the use of another person or corporation for purposes other than those specified.

(B) It is unlawful for a person to whom gas is furnished from or by means of a meter who shall wilfully and with intention to cheat and defraud a person or corporation alter or interfere with a meter or by any contrivance whatsoever withdraw or take off gas in any manner except through a meter shall be punished as provided in Section 58-7-60(B).