Indicates Matter Stricken

Indicates New Matter

Committee Report

February 22, 2023

S. 330

Introduced by Senators Rankin, Alexander and Verdin

S. Printed 02/22/23--S.

Read the first time January 10, 2023

________

The committee on Senate Judiciary

To who was referred a Bill (S.330) to amend the South Carolina Code of Laws by amending Section 16-11-740, relating to malicious injury to telegraph, telephone, or electric utility system, so as to, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

   Amend the bill, as and if amended, by striking SECTION 1 and inserting:

SECTION X.   Section 16-11-740 of the S.C. Code is amended to read:

   Section 16-11-740.   (A) For purposes of this section only, "electric utility system" means all plants, facilities, assets, and equipment owned, leased, or operated for the generation, transmission, distribution, or storage of electricity, regardless of generation source, and all natural gas facilities, including natural gas pipeline infrastructure.

   (B)(1) It is unlawful for a person, without the consent of the owner, to wilfully and maliciously:

   (1)         (a) destroy, damage, or in any way injure a telegraph, telephone, electric utility system, satellite dish, or cable television system, including poles, cables, wires, fixtures, antennas, amplifiers, or other apparatus, equipment, or appliances;

   (2)         (b) obstruct, impede, or impair their services or transmissions; or;

   (3)         (c) aid, agree with, employ, or conspire with a person to do or cause to be done any of the acts mentioned in this sectionsubsection.

         (2) A person who violates the provisions of this sectionsubsection is guilty of a felony and, upon conviction,:

         (a) if the amount of the damage or loss is less than ten thousand dollars, must be fined in the discretion of the court or imprisoned not more than ten years., or both;

         (b) if the amount of the damage or loss is ten thousand dollars or more but less than twenty-five thousand dollars, must be fined in the discretion of the court or imprisoned not more than fifteen years, or both;

         (c) if the amount of the damage or loss is twenty-five thousand dollars or more, must be fined in the discretion of the court or imprisoned not more than twenty years, or both; or

         (d) if the destruction or damage results in the death or bodily injury of a person, or an imminent danger to the life, health, or safety of a person, must be fined in the discretion of the court or imprisoned for not more than twenty-five years, or both.

      (3) Evidence of the amount of damages or loss shall be calculated to include the cost of the repair or replacement of equipment, buildings, or structures damaged, the estimated lost revenue caused by the destructive acts, and any related damages than can reasonably be associated with the interruption of service to affected, dedicated utility customers.

   (C)(1) It is unlawful for a person, without consent of the owner, to wilfully and maliciously by means of or use of a firearm or destructive device as defined by Section 16-23-710, to:

         (a) destroy, damage, or in any way injure:

            (i) an electric utility system; or

            (ii) a gasoline, natural gas, or propane utility system, including poles, cables, wires, pipelines, storage containers, fixtures, or other apparatus, equipment, or appliances; or

            (iii) a telegraph, telephone, satellite dish, or cable television system, including poles, cables, wires, fixtures, antennas, amplifiers, or other apparatus, equipment, or appliances;

         (b) obstruct, impede, or impair their services or transmissions; or

         (c) aid, employ, or conspire with a person to do or cause to be done any of the acts mentioned in subitems (a), and (b).

      (2) A person who violates the provisions of this subsection is guilty of a felony and, upon conviction, must be imprisoned for not more than twenty-five years and may be fined in the discretion of the court.

SECTION X.   The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide.  After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION 4.   This act takes effect upon approval by the Governor.

Renumber sections to conform.

Amend title to conform.

LUKE RANKIN for Committee.

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill modifies the penalty structure for crimes involving malicious injury to telegraph, telephone, or electric utility systems. Currently, such injury is considered a felony offense punishable by a fine set at the discretion of the court or imprisonment for not more than ten years. The bill creates the following tiered penalty structure:

Penalty Structure for Malicious Injury to Telegraph, Telephone, or Electric Utility System

Cost of Loss or Damage, Death or Bodily Injury, or Danger to Life, Health, or Safety

Penalty

<$10,000

Fine at discretion of court or imprisonment for not more than 10 years, or both

≥$10,000 but <$25,000

Fine at discretion of court or imprisonment for not more than 15 years, or both

≥$25,000

Fine at discretion of court or imprisonment for not more than 20 years, or both

Death or bodily injury of person or imminent danger to life, health, or safety of person

Fine at discretion of court or imprisonment for not more than 25 years

The bill also provides that the amount of damages or loss shall be calculated to include the cost of repair or replacement of equipment, buildings, or structures damaged; the estimated lost revenue caused by the destructive acts; and any related damages that can reasonably be associated with the interruption of consumer services.

Judicial. This bill modifies the existing penalty structure for malicious injury to telegraph, telephone, or electric utility systems. Judicial intends to use existing General Fund appropriations to manage any modifications in caseloads. Therefore, this bill will have no expenditure impact on Judicial.

Commission on Prosecution Coordination. This bill modifies the existing penalty structure for malicious injury to telegraph, telephone, or electric utility systems, which could result in an increase in the number of warrants that are sent to the Offices of Circuit Solicitor for review, prosecution, and disposition; however, the potential increase in warrants is unknown. The implementation of this bill will have no expenditure impact, as the commission expects to manage any increase in caseloads within current resources.

Commission on Indigent Defense. The implementation of this bill will have no expenditure impact for Indigent Defense, as the commission expects to manage any increase in caseloads within current resources.

Department of Corrections. This bill may result in an increase in the number of inmates housed by the Department of Corrections. However, no data are available to estimate the increase in the number of inmates that may be housed by Corrections. According to Corrections, in FY 2021-22, the annual total cost per inmate was $32,247, of which $30,044 was state funded, and the marginal cost per inmate was $4,836, of which $4,830 was state funded. However, as the potential increase in incarcerations in unknown, any expenditure impact for Corrections is undetermined. Corrections indicates that if this bill significantly increases the inmate population, the agency will request a General Fund appropriations increase.

State Revenue

This bill enhances the penalty structure for malicious injury to telegraph, telephone, or electric utility systems. This bill may result in an increase in the fines and fees collected in court. Court fines and fees are distributed to the General Fund, Other Funds, and local funds. Therefore, RFA anticipates this bill may result in an undetermined impact to General Fund revenue and Other Funds revenue due to the potential increase in fines and fees collections in court.

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

________

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 16-11-740, RELATING TO MALICIOUS INJURY TO TELEGRAPH, TELEPHONE, OR ELECTRIC UTILITY SYSTEM, SO AS TO add tiered PENALTIES FOR DAMAGE TO A UTILITY SYSTEM.

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

SECTION 1.   Section 16-11-740 of the S.C. Code is amended to read:

   Section 16-11-740.   (A) It is unlawful for a person, without the consent of the owner, to wilfully:

   (1) destroy, damage, or in any way injure a telegraph, telephone, electric utility system, satellite dish, or cable television system, including poles, cables, wires, fixtures, antennas, amplifiers, or other apparatus, equipment, or appliances;

   (2) obstruct, impede, or impair their services or transmissions or;

   (3) aid, agree with, employ, or conspire with a person to do or cause to be done any of the acts mentioned in this section.

   (B) A person who violates the provisions of this section is guilty of a felony and, upon conviction,:      (1) must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the amount of the damage or loss is less than ten thousand dollars;

      (2) must be fined in the discretion of the court or imprisoned not more than fifteen years, or both, if the amount of the damage or loss is ten thousand dollars or more but less than twenty-five thousand dollars;

      (3) must be fined in the discretion of the court or imprisoned not more than twenty years, or both, if the amount of the damage or loss is twenty-five thousand dollars or more; or

      (4) must be fined in the discretion of the court or imprisoned for not more than twenty-five years if the destruction or damage results in the death or bodily injury of a person, or an imminent danger to the life, health, or safety of a person.

   (C) Evidence of the amount of damages or loss shall be calculated to include the cost of the repair or replacement of equipment, buildings, or structures damaged, the estimated lost revenue caused by the destructive acts, and any related damages that can reasonably be associated with the interruption of service to affected, dedicated utility customers.

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

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