Current Status Introducing Body:Senate Bill Number:552 Ratification Number:533 Primary Sponsor:Hayes Type of Legislation:GB Subject:Leased property, failure to return Date Bill Passed both Bodies:Jun 04, 1992 Computer Document Number:BR1/1146.AC Governor's Action:V Date of Governor's Action:Jan 13, 1993 Introduced Date:Jan 29, 1991 Date of Last Amendment:Jun 03, 1992 Last History Body:------ Last History Date:Jan 13, 1993 Last History Type:Vetoed by Governor Scope of Legislation:Statewide All Sponsors:Hayes Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
---- ------ ------------ ------------------------------ --- ------------
552 ------ Jan 13, 1993 Vetoed by Governor
552 ------ Jun 04, 1992 Ratified R 533
552 House Jun 04, 1992 Concurred in Senate
amendment, enrolled for
ratification
552 Senate Jun 03, 1992 House amendments amended,
returned to House
552 House May 28, 1992 Read third time, returned to
Senate with amendment
552 House May 27, 1992 Amended, read second time
552 House May 26, 1992 Debate interrupted
552 House May 13, 1992 Committee Report: Favorable 25
552 House Apr 14, 1992 Introduced, read first time, 25
referred to Committee
552 Senate Apr 09, 1992 Read third time, sent to House
552 Senate Apr 08, 1992 Read second time
552 Senate Apr 01, 1992 Committee Report: Favorable 11
552 Senate Jan 29, 1991 Introduced, read first time, 11
referred to Committee
View additional legislative information at the LPITS web site.
(Rxxx, S552)
AN ACT TO AMEND SECTION 16-13-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAILURE TO RETURN RENTED OBJECTS, SO AS TO PROVIDE THAT FAILURE TO RETURN LEASED PROPERTY WITHIN SEVENTY-TWO HOURS AFTER THE LEASE EXPIRES BUT RETURNING IT WITHIN ONE WEEK AND FAILURE TO RETURN A LEASED MOTOR VEHICLE FOR MORE THAN ONE WEEK AFTER THE LEASE EXPIRES ARE MISDEMEANORS AND TO PROVIDE PENALTIES; TO AUTHORIZE THE CODE COMMISSIONER TO ADD CRIMES AND OFFENSES TO THE APPROPRIATE CLASSIFICATION LIST WITH LIMITATIONS; TO PROVIDE FOR CERTAIN CRIMES TO BE CLASSIFIED AS FELONIES AND CERTAIN CRIMES CLASSIFIED AS MISDEMEANORS; TO AMEND SECTION 47-3-760, AS AMENDED, RELATING TO DANGEROUS ANIMAL OFFENSE, SO AS TO CHANGE THE CLASSIFICATION FROM A FELONY TO A MISDEMEANOR; TO AMEND SECTION 12-7-1680, AS AMENDED, RELATING TO SECRECY OF INCOME INFORMATION, SO AS TO CLASSIFY THE OFFENSE AS A MISDEMEANOR; TO AMEND SECTION 50-17-1190, RELATING TO PENALTIES FOR VIOLATION OF CERTAIN FISH AND GAME LAWS, SO AS TO CLASSIFY THE OFFENSE AS A MISDEMEANOR; TO AMEND SECTION 16-3-1070, RELATING TO STALKING, SO AS TO CLASSIFY THE OFFENSE AS A MISDEMEANOR; TO EXEMPT CERTAIN CRIMES FROM CLASSIFICATION; AND TO REVISE THE EFFECTIVE DATE OF H. 3400 OF 1992.
Be it enacted by the General Assembly of the State of South Carolina:
Offenses for failure to return rented objects
SECTION 1. Section 16-13-420 of the 1976 Code is amended to read:
"Section 16-13-420. A person having a 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 but who returns the property within one week of the expiration of the lease or rental agreement, 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 is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars. A person who wilfully and fraudulently fails to return a motor vehicle for more than one week after the lease or rental agreement has expired is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than three years or fined not more than five thousand dollars, or both. The provisions of this section do not apply to lease-purchase agreements or conditional sales type contracts."
Code Commissioner authorized to add offenses to classification list
SECTION 2. The Code Commissioner is authorized to add all crimes and offenses enacted by the General Assembly to Sections 16-1-90 and 16-1-100 of the 1976 Code as last amended by H. 3400 of 1992, as enacted by the General Assembly, bearing ratification number 581; however, the crimes and offenses must be added to the appropriate category as established by Section 16-1-20(A) as last amended by H. 3400 of 1992, as enacted by the General Assembly, bearing ratification number 581. If the term of imprisonment for a crime or offense does not fit into one of the six established felony categories or one of the three established misdemeanor categories, it must be placed on the list of exempt offenses contained in Section 16-1-10(D) as last amended by H. 3400 of 1992, as enacted by the General Assembly, bearing ratification number 581. The purpose of this provision is to allow the Code Commissioner to place crimes and offenses in the appropriate category as established by the General Assembly without requiring each act which affects crimes and offenses to specifically reference Section 16-1-90 or 16-1-100. The Code Commissioner is prohibited from changing the designation by the General Assembly of any crime or offense from felony to misdemeanor or from misdemeanor to felony and is likewise prohibited from changing the number of years of any sentence set by the General Assembly.
Exempt offenses include misdemeanors
SECTION 3. H. 3400 of 1992, as enacted by the General Assembly, bearing ratification number 581 is amended, page 8, beginning on line 7, in Section 16-1-10(D), as contained in SECTION 1, by striking /(D) The following felonies are classified as exempt under subsection (A):/ and inserting:
/(D) The following offenses are classified as exempt under subsections (A) and (B):/.
Offense classified as felony
SECTION 4. H. 3400 of 1992, as enacted by the General Assembly, bearing ratification number 581 is amended, page 30, beginning after line 12, in Section 16-1-90(F), as contained in SECTION 8, by inserting:
/47-3-760(B) Penalty for owner of dangerous animal which attacks and injures a human
Second or subsequent offense/.
Offense classified as misdemeanor
SECTION 5. H. 3400 of 1992, as enacted by the General Assembly, bearing ratification number 581 is amended, page 36, beginning after line 26, in Section 16-1-100(A), as contained in SECTION 8, by inserting:
/47-3-760(B) Penalty for owner of dangerous animal which attacks and injures a human
First offense/.
Dangerous animal violation changed to misdemeanor
SECTION 6. H. 3400 of 1992, as enacted by the General Assembly, bearing ratification number 581 is amended, page 119, beginning after line 8, after SECTION 97, by adding an appropriately numbered section to read:
/SECTION . Section 47-3-460(B) of the 1976 Code, as last amended by Act Number 374 of 1992, is further amended to read:
"(B) A person who is the owner of a dangerous animal which attacks and injures a human being in violation of Section 47-3-710(A)(2)(a) is guilty of a misdemeanor and, upon conviction, for a first offense, must be fined not more than five thousand dollars or imprisoned not more than three years and, upon conviction of a subsequent offense, is guilty of a felony and must be fined not more than ten thousand dollars or imprisoned not more than five years."/
Violation of secrecy of income information
SECTION 7. H. 3400 of 1992, as enacted by the General Assembly, bearing ratification number 581 is amended, page 217, beginning after line 14, before SECTION 254, by adding an appropriately numbered section to read:
/SECTION . Section 12-7-1680 of the 1976 Code, as last amended by Act Number 361 of 1992, is further amended to read:
"Section 12-7-1680. Except in accordance with proper judicial order or as otherwise provided by law, it is unlawful for the members of the commission or any deputy, agent, clerk, or other officer or employee thereof to divulge or make known in any manner the amount of income or any particulars set forth or disclosed in any report or return required under this chapter. Nothing in this section may be construed to prohibit the publication of statistics so classified as to prevent the identification of particular reports or returns and the items thereof or the inspection by the Attorney General or other legal representative of the State of the report or return of any taxpayer who shall bring action to set aside or review the tax based thereon or against whom an action or proceeding has been instituted to recover any tax or any penalty imposed by this chapter. Reports and returns must be preserved for six years and thereafter until the commission orders them to be destroyed.
Any offense against this section is a misdemeanor and, upon conviction, a person shall be punished by a fine not exceeding one thousand dollars or by imprisonment not exceeding one year, or both, at the discretion of the court, and if the offender is an officer or employee of the State, he shall be dismissed from office and be incapable of holding any public office in this State for a period of five years thereafter."/
Offense added as misdemeanor
SECTION 8. H. 3400 of 1992, as enacted by the General Assembly, bearing ratification number 581 is amended, page 57, beginning after line 16, in Section 16-1-100(C), as contained in SECTION 8, by inserting:
/50-17-1190 Violation of coastal fisheries laws
Second or subsequent offense/.
Penalty for violating certain fish and game laws
SECTION 9. H. 3400 of 1992, as enacted by the General Assembly, bearing ratification number 581 is amended, page 218, beginning after line 17, before SECTION 256, by inserting an appropriately numbered section to read:
/SECTION . Section 50-17-1190 of the 1976 Code, as added by an unnumbered act of 1992, bearing ratification number 486, is amended to read:
"Section 50-17-1190. A person engaging in activities suspended by this article while the suspension is in effect is guilty of a misdemeanor and, upon conviction, for a first offense must be fined two hundred dollars or imprisoned thirty days and have his coastal fisheries privileges suspended for an additional three-year period for each offense. A person convicted of a second or subsequent offense under this section is guilty of a misdemeanor and must be fined two thousand five hundred dollars or imprisoned one year."/
Offense classified as misdemeanor
SECTION 10. H. 3400 of 1992, as enacted by the General Assembly, bearing ratification number 581 is amended, page 32, beginning after line 38, in Section 16-1-100(A), as contained in SECTION 8, by inserting:
/16-3-1070(D) Stalking
Second or subsequent offense/.
Offense classified as misdemeanor
SECTION 11. H. 3400 of 1992, as enacted by the General Assembly, bearing ratification number 581 is amended, page 38, beginning after line 13, in Section 16-1-100(B), as contained in SECTION 8, by inserting:
/16-3-1070(C) Stalking while restraining order or injunction in effect/.
Offense classified as misdemeanor
SECTION 12. H. 3400 of 1992, as enacted by the General Assembly, bearing ratification number 581 is amended, page 46, beginning after line 38, in Section 16-1-100(C), as contained in SECTION 8, by inserting:
/16-3-1070(B) Stalking
First offense/.
Stalking offense a misdemeanor
SECTION 13. H. 3400 of 1992, as enacted by the General Assembly, bearing ratification number 581 is amended, page 217, beginning after line 35, before SECTION 255, by adding an appropriately numbered section to read:
/SECTION . Section 16-3-1070 of the 1976 Code, as added by an unnumbered act of 1992, bearing ratification number 488, is amended to read:
"Section 16-3-1070(A) For purposes of this section:
(1) `Harasses' means a knowing and wilful course of conduct directed at a specific person which seriously alarms, annoys, or harasses the person and which serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to the person.
(2) `Course of conduct' means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of `course of conduct'.
(3) `A credible threat' means a threat made with the intent and the apparent ability to carry out the threat so as to cause the person who is the target of the threat to reasonably fear for his safety. The threat must be against the life of, or a threat to cause great bodily injury to, a person.
(B) It is unlawful for a person to wilfully, maliciously, and repeatedly follow or harass another person and make a credible threat with the intent to place that person in reasonable fear of death or great bodily injury. A person violating this section is guilty of the crime of stalking which is a misdemeanor and, upon conviction, must be punished by imprisonment for not more than one year or by a fine of not more than one thousand dollars, or both.
(C) A person who violates subsection (B) when there is a temporary restraining order or an injunction, or both, in effect prohibiting the behavior described in subsection (B) against the same party is guilty of stalking which is a misdemeanor and, upon conviction, must be punished by imprisonment for not more than two years or by a fine of not more than one thousand dollars, or both.
(D) A person who is convicted of a second or subsequent offense for a violation of subsection (B) within seven years of a prior conviction under subsection (B) against the same victim and involving an act of violence or `a credible threat' of violence, as defined in item (3) of subsection (A), is guilty of stalking which is a misdemeanor and, upon conviction, must be punished by imprisonment for not more than three years or by a fine of not more than two thousand dollars, or both.
(E) This section does not apply to conduct which occurs during labor picketing."/
Offense classified as misdemeanor
SECTION 14. H. 3400 of 1992, as enacted by the General Assembly, bearing ratification number 581 is amended, page 41, beginning after line 20, in Section 16-1-100(B), as contained in SECTION 8, by inserting:
/47-1-40 Cruelty to animals
Third or subsequent offense/.
Offenses exempt from classification
SECTION 15. H. 3400 of 1992, as enacted by the General Assembly, bearing ratification number 581 is amended, page 8, beginning after line 11, in Section 16-1-10(D), as contained in SECTION 1, by inserting:
/16-3-85 Homicide by child abuse
(B)(1)
16-3-85 Knowingly aiding and abetting homicide by child abuse.
(B)(2)/.
Time effective for act classifying crimes and offenses
SECTION 16. H. 3400 of 1992, as enacted by the General Assembly, bearing ratification number 581 is amended, page 218, on line 25, by striking SECTION 257 in its entirety and inserting therein the following:
/SECTION 257. This act takes effect January 1, 1993; except that (1) the provisions of Section 14 take effect only if a bill bearing ratification number 509 is approved by the Governor; and (2) the provisions of Section 15 take effect only if a bill bearing ratification number 479 is approved by the Governor.
Time effective
SECTION 17. This act takes effect upon approval by the Governor.
In the Senate House _________________________________.
_______________________________________
President of the Senate
_______________________________________
Speaker of the House of Representatives
Approved the _______ day of __________________, 1992.
_______________________________________
Governor
Printer's Date -- June 14, 1992 -- S.