S 0509 General Bill, By Thurmond, Hembree and Rankin

Similar(S 440, S 520, H 3855)
 A BILL TO AMEND CHAPTER 13, TITLE 24 OF THE 1976 CODE, RELATING TO OFFENSES IN
 CONNECTION WITH ELECTRONIC MONITORING DEVICES, BY ADDING SECTION 24-13-425 TO
 PROVIDE THAT IT IS UNLAWFUL FOR ANY PERSON TO KNOWINGLY AND WITHOUT AUTHORITY
 TO REMOVE, DESTROY, OR CIRCUMVENT THE OPERATION OF AN ELECTRONIC MONITORING
 DEVICE WHICH IS BEING USED FOR THE PURPOSE OF MONITORING A PERSON, OR TO
 SOLICIT ANOTHER PERSON TO DO SO, AND TO PROVIDE FOR PENALTIES.

   03/12/13  Senate Introduced and read first time (Senate Journal-page 4)
   03/12/13  Senate Referred to Committee on Corrections and Penology
                     (Senate Journal-page 4)
   05/08/13  Senate Committee report: Favorable with amendment
                     Corrections and Penology (Senate Journal-page 5)
   05/09/13         Scrivener's error corrected
   05/14/13  Senate Committee Amendment Adopted (Senate Journal-page 11)
   05/21/13  Senate Amended (Senate Journal-page 14)
   05/21/13  Senate Read second time (Senate Journal-page 14)
   05/21/13  Senate Roll call Ayes-36  Nays-0 (Senate Journal-page 14)
   05/22/13  Senate Read third time and sent to House
                     (Senate Journal-page 9)
   05/22/13  House  Introduced and read first time (House Journal-page 12)
   05/22/13  House  Referred to Committee on Judiciary
                     (House Journal-page 12)

AMENDED

May 21, 2013

S. 509

S. Printed 5/21/13--S.

Read the first time March 12, 2013.

TO AMEND CHAPTER 13, TITLE 24 OF THE 1976 CODE, RELATING TO OFFENSES IN CONNECTION WITH ELECTRONIC MONITORING DEVICES, BY ADDING SECTION 24-13-425 TO PROVIDE THAT IT IS UNLAWFUL FOR ANY PERSON TO KNOWINGLY AND WITHOUT AUTHORITY TO REMOVE, DESTROY, OR CIRCUMVENT THE OPERATION OF AN ELECTRONIC MONITORING DEVICE WHICH IS BEING USED FOR THE PURPOSE OF MONITORING A PERSON, OR TO SOLICIT ANOTHER PERSON TO DO SO, AND TO PROVIDE FOR PENALTIES.

Amend Title To Conform

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

SECTION    1.    Chapter 13, Title 24 of the 1976 Code is amended by adding:

"Section 24-13-425.    (A)    For the purposes of this section:

(1)    'Electronic monitoring device' includes any device ordered by a court or pursuant to any statute that is utilized to track the location of a person.

(2)    'Person' includes any public or private agency or entity providing electronic monitoring services.

(B)    It is unlawful for any person to knowingly and without authority remove, destroy, or circumvent the operation of an electronic monitoring device which is being used for the purpose of monitoring a person who is:

(1)    complying with the Home Detention Act as set forth in Article 15 of Title 24;

(2)    wearing an electronic monitoring device as a condition of bond or pretrial release;

(3)    wearing an electronic monitoring device as a condition of probation, parole, or community supervision; or

(4)    wearing an electronic monitoring device as required by any other provision of law.

(C)    It shall be unlawful for any person to knowingly and without authority request or solicit any other person to remove, destroy, or circumvent the operation of an electronic monitoring device which is being used for the purposes described in subsection (B).

(D)    Any person who violates the provisions of this section shall be guilty of the misdemeanor offense of tampering with the operation of an electronic monitoring device and shall be imprisoned for not more than three years, or fined up to three thousand dollars, or both."

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