H 3517 Session 110 (1993-1994)
H 3517 General Bill, By D. Smith, J.M. Baxley, D.W. Beatty, Cato, R.S. Corning,
J.L.M. Cromer, Davenport, Delleney, Govan, L.O. Graham, Harrell, Harrison,
Haskins, Lanford, Littlejohn, L.M. Martin, J.T. McElveen, P.H. Thomas, Trotter,
J.W. Tucker, Walker, C.C. Wells and R.M. Young
Similar(S 440)
A Bill to amend Sections 16-11-510, 16-11-520, 16-13-30, 16-13-50, 16-13-80,
16-13-180, as amended, 16-13-230, 16-13-240, 16-13-260, and 16-13-420, Code of
Laws of South Carolina, 1976, relating to various crimes involving property or
personal goods and chattels, so as to provide that the offense is triable in
magistrate's court if the value of the property, goods, or chattel is not more
than one thousand dollars and to increase the fine in magistrate's court to
one thousand dollars; to amend Section 22-3-550, relating to magistrate's
jurisdiction over minor offenses, so as to increase the fine to one thousand
dollars; and to amend Section 22-3-570, relating to magistrate's jurisdiction
for larceny, so as to increase jurisdiction over the value of stolen property
to one thousand dollars.
02/17/93 House Introduced and read first time HJ-13
02/17/93 House Referred to Committee on Judiciary HJ-13
04/07/93 House Committee report: Favorable with amendment
Judiciary HJ-4
04/13/93 House Amended HJ-36
04/13/93 House Debate adjourned until Wednesday, April 14, 1993 HJ-42
04/14/93 House Read second time HJ-80
04/15/93 House Read third time and sent to Senate HJ-9
04/20/93 Senate Introduced and read first time SJ-25
04/20/93 Senate Referred to Committee on Judiciary SJ-25
Indicates Matter Stricken
Indicates New Matter
AMENDED
April 14, 1993
H. 3517
Introduced by REPS. D. Smith, Tucker, Beatty, Baxley, Govan,
Harrison, Haskins, Thomas, Graham, Trotter, Walker, Cato, Wells,
Littlejohn, McElveen, Harrell, Delleney, R. Young, Lanford, Cromer,
Davenport, Corning and Martin
S. Printed 4/14/93--H.
Read the first time February 17, 1993.
A BILL
TO AMEND SECTIONS 16-11-510, 16-11-520, 16-13-30, 16-13-50,
16-13-80, 16-13-180, AS AMENDED, 16-13-230, 16-13-240, 16-13-260, AND 16-13-420 CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO VARIOUS CRIMES INVOLVING PROPERTY
OR PERSONAL GOODS AND CHATTELS, SO AS TO PROVIDE
THAT THE OFFENSE IS TRIABLE IN MAGISTRATE'S COURT IF
THE VALUE OF THE PROPERTY, GOODS, OR CHATTEL IS NOT
MORE THAN ONE THOUSAND DOLLARS AND TO INCREASE
THE FINE IN MAGISTRATE'S COURT TO ONE THOUSAND
DOLLARS; TO AMEND SECTION 22-3-550, RELATING TO
MAGISTRATE'S JURISDICTION OVER MINOR OFFENSES, SO AS
TO INCREASE THE FINE TO ONE THOUSAND DOLLARS; AND
TO AMEND SECTION 22-3-570, RELATING TO MAGISTRATE'S
JURISDICTION FOR LARCENY, SO AS TO INCREASE
JURISDICTION OVER THE VALUE OF STOLEN PROPERTY TO
ONE THOUSAND DOLLARS.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The first paragraph of Section 5-7-30 of the 1976 Code,
as last amended by Act 495 of 1988, is further amended to read:
"Section 5-7-30. Each municipality of the State, in addition
to the powers conferred to its specific form of government, may enact
regulations, resolutions, and ordinances, not inconsistent with the
Constitution and general law of this State, including the exercise of
powers in relation to roads, streets, markets, law enforcement, health,
and order in the municipality or respecting any subject which appears to
it necessary and proper for the security, general welfare, and
convenience of the municipality or for preserving health, peace, order,
and good government in it, including the authority to levy and collect
taxes on real and personal property and as otherwise authorized in this
section, make assessments, and establish uniform service charges
relating to them; the authority to abate nuisances; grant franchises for the
use of public streets and make charges for them; engage in the recreation
function; levy a business license tax on gross income, but a wholesaler
delivering goods to retailers in a municipality is not subject to the
business license tax unless he maintains within the corporate limits of
the municipality a warehouse or mercantile establishment for the
distribution of wholesale goods; and a business engaged in making loans
secured by real estate is not subject to the business license tax unless it
has premises located within the corporate limits of the municipality and
no entity which is exempt from the license tax under another law nor a
subsidiary or affiliate of such an exempt entity is subject to the
business license tax; borrow in anticipation of taxes; and pledge
revenues to be collected and the full faith and credit of the municipality
against its note and conduct advisory referenda. The municipal
governing body may fix fines and penalties for the violation of
municipal ordinances and regulations not exceeding two
five hundred dollars or imprisonment not exceeding thirty
days, or both."
SECTION 2. Section 14-25-65 of the 1976 Code is amended to read:
"Section 14-25-65. Whenever the municipal judge finds a
party guilty of violating a municipal ordinance or a state law within the
jurisdiction of such the court he may impose a fine
or imprisonment, or both, not to exceed two of not more than
five hundred dollars or imprisonment for thirty days,
or both."
SECTION 3. Section 16-11-510 of the 1976 Code is amended to read:
"Section 16-11-510. Whoever shall It is unlawful
for a person wilfully, unlawfully, and maliciously
to cut, shoot, maim, wound, or otherwise
injure, or destroy any a horse, mule, neat cattle,
hog, sheep, goat, or any other kind, class,
article , or description of personal property, the
goods, and chattels of another, shall be. A person
who violates the provisions of this section is guilty of a
misdemeanor and, upon conviction thereof, shall
must be fined or imprisoned, at in the
discretion of the judge before whom the case shall be tried; provided,
that when the injury or loss of the property affected by such act is less
than two hundred dollars the case shall be triable in the magistrate's
court and the punishment shall be not more than is permitted by law
without presentment or indictment by the grand jury court. A
violation of this section is triable in magistrate's court if the injury or
loss of property is less than one thousand dollars and, upon conviction,
the person must be fined not more than five hundred dollars or
imprisoned not more than thirty days."
SECTION 4. Section 16-11-520 of the 1976 Code is amended to read:
"Section 16-11-520. Whoever shall It is unlawful
for a person wilfully, unlawfully, and maliciously to cut,
mutilate, deface, or otherwise injure any
a tree, house, outside fence, or fixture of
another, or to commit any other trespass upon
real property in the possession of another shall be. A person
who violates the provisions of this section is guilty of a
misdemeanor and, upon conviction thereof, shall
must be fined and imprisoned, at the discretion of the
judge before whom the case shall be tried; provided, that
when court. When the damage to such the
property is less than two hundred one thousand
dollars, the case shall be is triable in the
magistrate's court and, the punishment shall be not more
than is permitted by law without presentment or indictment of the grand
jury upon conviction, the person must be fined not more than
five hundred dollars or imprisoned not more than thirty days."
SECTION 5. Section 16-13-30 of the 1976 Code is amended to read:
"Section 16-13-30. Any simple Simple larceny
of any article of goods, choses in action, bank bills, bills
receivable, chattels, or other article articles of
personalty, of which by law larceny may be committed
or of any such fixture, or part or product of the
soil as was severed from the soil by an unlawful act, or the
having a value of less than two hundred one
thousand dollars, shall be a misdemeanor and considered
is petit larceny, shall be triable in the
magistrate's court and the punishment shall be not more than is
permitted by law without presentment or indictment by the grand
jury for a first offense and, upon conviction, the person must be
fined not more than five hundred dollars or imprisoned not more than
thirty days. Conviction for a second offense is a felony and the person
must be fined not more than two thousand dollars and imprisoned not
less than three years or more than ten years."
SECTION 6. Section 16-13-50 of the 1976 Code is amended to read:
"Section 16-13-50. Any A person found
guilty convicted of the larceny of any a
horse, mule, cow, hog, or any other livestock
shall is guilty of a misdemeanor and, upon conviction
for:
(a) For(1) the first offense, must be
imprisoned for a period of not less than three months nor more
than ten years or be fined not more than five hundred dollars, or
both, in the discretion of the court;
(b) For(2) the second offense, must be
imprisoned for a period of not less than one year nor more than
fifteen years or be fined not more than twenty-five hundred
dollars, or both, in the discretion of the court; and
(c) For(3) a subsequent offense, must be
imprisoned for a period of not less than five years nor more than
twenty-five years.
Provided, that if If the value of such
the property stolen is less than fifty one
thousand dollars, the case shall be is
triable in the magistrate's court and, the punishment shall be
not more than is permitted by law without presentment or indictment by
the grand jury upon conviction, the person must be fined not
more than five hundred dollars or imprisoned not more than thirty
days.
Any A motor vehicle or other chattel used by or
found in possession of any a person engaged in the
commission of the above crime shall be is subject to
confiscation and shall must be confiscated and sold
under the provisions of Section 27-21-10."
SECTION 7. Section 16-13-80 of the 1976 Code is amended to read:
"Section 16-13-80. The larceny of any a
bicycle shall be is a misdemeanor and, upon conviction, the
person must be punishable at the discretion of the court;
provided, that when. When the value of the bicycle is less
than one hundred thousand dollars the case shall
be is triable in the magistrate's court and, and
upon conviction, the punishment shall the person
must be fined not more than is permitted by law
without presentment or indictment by the grand jury five
hundred dollars or imprisoned not more than thirty days."
SECTION 8. Item 1 of Section 16-13-110(B) of the 1976 Code is
amended to read:
"(1) By a fine of not more than six hundred dollars or
imprisonment for not more than six months, or both, for the first offense.
If the value of the shoplifted merchandise is less than fifty
one thousand dollars, the punishment must be a fine of not more
than two five hundred dollars or imprisonment for not
more than thirty days."
SECTION 9. Section 16-13-180 of the 1976 Code, as last amended by
Act 640 of 1988, is further amended to read:
"Section 16-13-180. It is unlawful for any a
person knowingly to buy, or receive, or
possess stolen goods, chattels, or other property if the
person knows or has reason to believe the goods, chattels, or property
are stolen. A person is guilty of this offense whether or not anyone
is convicted of the theft of the property. Any A person
violating who violates the provisions of this section may
be punished as follows:
(1) if the value of the property is two hundred one
thousand dollars or less, by a fine not to exceed two
hundred five hundred dollars, or by imprisonment for not
more than thirty days. The offense shall be is triable in
magistrate's court.
(2) if the value of the property exceeds two hundred dollars but
is less than one thousand dollars, by a fine of not less than one
thousand dollars or imprisonment for not less than one year nor more
than five years. This offense shall be is a misdemeanor.
(3) for a second offense of Section 16-13-180, subitem (1) or (2),
or if the value of the property exceeds one thousand dollars, by
a fine of not less than two thousand dollars and imprisonment for not
less than three years nor more than ten years. This or any subsequent
offense shall be is a felony.
(4) for a third or subsequent offense, by imprisonment for not less
than ten years; provided, however. However, no part
of the minimum sentence may be suspended.
(5) for the purposes of this section, the receipt of multiple items in
a single transaction or event shall constitute constitutes
a single offense."
SECTION 10. Section 16-13-230 of the 1976 Code is amended to
read:
"Section 16-13-230. Any A person
committing who commits a breach of trust with a
fraudulent intention shall be held guilty of larceny and so shall any
person or who shall hire hires or
counsel any other person counsels another to commit a
breach of trust with a fraudulent intention is guilty of larceny and,
upon conviction, must be punished as provided by law. If the value of
the property is one thousand dollars or less, the case is triable in
magistrate's court and, upon conviction, the person must be fined not
more than five hundred dollars or imprisoned not more than thirty days."
SECTION 11. Section 16-13-240 of the 1976 Code is amended to
read:
"Section 16-13-240. Any A person who
shall by any false pretense or representation
obtain obtains the signature of any a
person to any a written instrument or shall
obtain obtains from any other another
person any chattel, money, valuable security, or other property,
real or personal, with intent to cheat and defraud any the
person of such the property shall be is
guilty of a misdemeanor and shall, on upon
conviction, must be sentenced to pay a fine
fined not exceeding more than five hundred
dollars and undergo an imprisonment imprisoned not
exceeding more than three years; provided, that
if. If the sum in the written instrument or the value of the
property so obtained does not exceed two hundred is not
more than one thousand dollars, the case shall be
is triable in the magistrate's court and, the
punishment shall be not more than is permitted by law without
presentment or indictment of the grand jury upon conviction, the
person must be fined not more than five hundred dollars or imprisoned
not more than thirty days."
SECTION 12. Section 16-13-260 of the 1976 Code is amended to
read:
"Section 16-13-260. Whoever shall A person
who falsely and deceitfully obtain obtains or
get gets into his hands or possession any money,
goods, chattels, jewels, or other things of any other
another person by color and means of any
a false token or counterfeit letter made in any other
another person's name shall is guilty of a
misdemeanor and, upon conviction thereof, suffer such
imprisonment as must be imprisoned in the discretion
of the court may adjudge; provided, that when.
When the value of the money, goods, chattels, and
other things so obtained do not exceed in value fifty
is not more than one thousand dollars, then the offense
may be tried is triable in the magistrate's court
and, upon conviction, the person must be fined not more than five
hundred dollars or imprisoned not more than thirty days.
Punishment shall be not more than is permitted by law without
presentment or indictment by the grand jury."
SECTION 13. Section 16-13-420 of the 1976 Code is amended to
read:
"Section 16-13-420. Any A person
having who has any motor vehicle, trailer, appliance,
equipment, or tool in his possession or under his control by virtue of a
lease or rental agreement who wilfully and fraudulently fails to return
the motor vehicle, trailer, appliance, equipment, or tool within
seventy-two hours after the lease or rental agreement has expired, or
who fraudulently secretes or appropriates the property to any use or
purpose not within the due and lawful execution of his lease or rental
agreement shall be is guilty of larceny. If the
original dollar amount of the property is one thousand dollars or less, the
offense is triable in magistrate's court and, upon conviction, the person
must be fined not more than five hundred dollars or imprisoned not more
than thirty days. Provided, that the The provisions
of this section shall do not apply to lease-purchase
agreements or conditional sales type contracts."
SECTION 14. Section 22-3-550 of the 1976 Code is amended to
read: "Section 22-3-550. Magistrates shall have
jurisdiction of all offenses which may be subject to the penalties of
either fine or forfeiture not exceeding two hundred five
hundred dollars or imprisonment in the jail or workhouse not
exceeding thirty days and may impose any sentence within those limits,
singly or in the alternative. In addition, a magistrate may order
restitution he considers appropriate."
SECTION 15. Section 22-3-570 of the 1976 Code is amended to
read:
"Section 22-3-570. Magistrates shall have jurisdiction
of larcenies by stealing of the property of another,; of
money, goods, or chattels,; of any bank note,
bond, promissory note, bill of exchange, or other bill,
order, or certificate,; of any book of accounts
for or concerning money or goods due, to become due or to be
delivered,; of any deed or writing containing a
conveyance of land,; of any other valuable contract in
force,; of any receipt, release, or
defeasance,; or of any writ, process, or public
record, if the property stolen does not exceed twenty one
thousand dollars in value."
SECTION 16. This act takes effect upon approval by the Governor.
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