Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear words from the Epistle to the Hebrews, Chapter 4(v.16):
"Let us then with confidence
draw near to the throne of grace,
That we may receive mercy, and find
grace to help in time of need."
Let us pray.
Dear Lord, for Your mercy... Your GRACE, the undeserved favor You show to us... we give You thanks.
We pray for such graces of Your Spirit as will help us get through these days... with dignity... and success.
We pray that our minds will be alert... and clear... and aglow with a zeal to think right thoughts, to do the right things... at the right time... in the right way.
In the Name of the God of the Hebrews, we say with the Author of the Epistle:
"Let us then with confidence
Draw near to the Throne of Grace."
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
January 3, 1992
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Appointment, Allendale County Magistrate, with term to expire April 30, 1994:
Mr. Walter Gerald Griffin, Jr., P.O. Box 74, Allendale, South Carolina 29810 VICE James Phillip Dedmon (resigned)
February 11, 1992
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Initial Appointment, Charleston County Magistrate, with term to expire April 30, 1995:
Mr. James A. Turner, 1635 Larry Street, North Charleston, South Carolina 29406
May 13, 1992
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Initial Appointment, Spartanburg County Magistrate, with term to expire April 30, 1995:
Mr. Joseph T. Petty, P.O. Box 128, Landrum, South Carolina 29356
May 11, 1992
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Initial Appointment, Greenville County Magistrate, with term to expire April 30, 1994:
Act 678 of 1988:
Mr. Metz Looper, 5 Saluda Lake Circle, Greenville, South Carolina 29611
May 12, 1992
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Reappointments, Spartanburg County Magistrates, with terms to expire April 30, 1995:
Mr. Larry M. Hutchins, 767 California Avenue, Spartanburg, South Carolina 29303
Ms. Georgia V. Anderson, 204 S. Fairview Avenue, Spartanburg, South Carolina 29302
Mr. W. Andrew Hughes, 135 Wayland Street, Spartanburg, South Carolina 29303
Mr. Edward C. Overcash, Jr., P.O. Box 1702, Spartanburg, South Carolina 29304
Mr. James B. Paslay, 803 Lucerne Drive, Spartanburg, South Carolina 29302
Mr. H. Mauldin Pearson, 651 Hillbrook Circle, Pacolet, South Carolina 29372
Mr. Eber Charles Gowan, Jr., P.O. Box 37, Reidville, South Carolina 29375
Appointment:
Mr. James Freeman Ashmore, 302 Five Oaks Drive, Landrum, South Carolina 29356 VICE Leonard Smith
Initial Appointments:
Ms. Karen L. Kanes, 1451 East Main Street, Spartanburg, South Carolina 29302
Mr. Kenneth H. Dover, P.O. Box 642, Inman, South Carolina 29349
Mr. Samuel Franklin Adams, P.O. Box 16243, Boiling Springs, South Carolina 29316
Mr. Warren H. Sullivan, Jr., #7 Brookdale Acres Drive, Lyman, South Carolina 29365
Ms. Vicki Rae Morgan Smith, 10-74 Cross Ancor Road, Woodruff, South Carolina 29388
Columbia, S.C., May 12, 1992
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. J. Williams, Delleney and Harrison of the Committee of Conference on the part of the House on:
H. 3685 -- Reps. J. Williams, Klapman and Wofford: A BILL TO AMEND SECTION 12-49-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOTICE OF SALE TO MORTGAGEES OR ASSIGNEES, SO AS TO PROVIDE THAT THE NOTICE MAY BE SENT BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED - DELIVER TO ADDRESSEE ONLY, AND TO MAKE GRAMMATICAL CORRECTIONS.
Very respectfully,
Speaker of the House
Received as information.
On motion of Senator COURSON, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.
H. 3550 -- Reps. Cromer and Manly: A BILL TO AMEND SECTION 56-3-1970, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES FOR VIOLATING THE PROVISIONS OF LAW ON HANDICAPPED PARKING, SO AS TO INCREASE THE PENALTIES FOR FIRST, SECOND, THIRD, AND SUBSEQUENT OFFENSES AND PROVIDE THAT, IN THE CASE OF A THIRD OR SUBSEQUENT OFFENSE, THE DRIVER'S LICENSE OF THE VIOLATOR MUST BE SUSPENDED FOR NINETY DAYS.
On motion of Senator HOLLAND, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator HOLLAND spoke on the report.
On motion of Senator HOLLAND, with unanimous consent, Free Conference Powers were granted.
Whereupon, the PRESIDENT appointed Senators HOLLAND, STILWELL and WASHINGTON of the Committee of Free Conference on the part of the Senate, and a message was sent to the House accordingly.
On motion of Senator HOLLAND, with unanimous consent, the Report of the Committee of Free Conference to H. 3550 (JUD3550.CKF) was adopted as follows:
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 3550 -- Reps. Cromer and Manly: A BILL TO AMEND SECTION 56-3-1970, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES FOR VIOLATING THE PROVISIONS OF LAW ON HANDICAPPED PARKING, SO AS TO INCREASE THE PENALTIES FOR FIRST, SECOND, THIRD, AND SUBSEQUENT OFFENSES AND PROVIDE THAT, IN THE CASE OF A THIRD OR SUBSEQUENT OFFENSE, THE DRIVER'S LICENSE OF THE VIOLATOR MUST BE SUSPENDED FOR NINETY DAYS.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 56-1-745(C) of the 1976 Code is amended to read:
"(C)(1) If an individual is employed or enrolled in a college or university at the any time while his driver's license is suspended pursuant to this section, he may apply for a special restricted driver's license permitting him to drive only to and from work or his place of education and in the course of his employment or education during the period of suspension. The department may issue the special restricted driver's license only upon showing by the individual that he is employed or enrolled in a college or university, that he lives further than one mile from his place of employment or education, and that there is no adequate public transportation between his residence and his place of employment or place of education , and that his job does not require him to drive.
(2) If the department issues a special restricted driver's license, it shall designate a particular route as well as reasonable restrictions on the times during which and routes on which the individual may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, or residence must be reported immediately to the department by the licensee.
(3) The fee for each special restricted driver's license, including a reissue caused by changes in the place and hours of employment, education, or residence, is twenty dollars.
(4) The operation of a motor vehicle outside the time limits and route imposed by a special restricted license by the person issued that license is a violation of Section 56-1-460."
SECTION 2. Section 56-1-746(D) of the 1976 Code is amended to read:
"(D) (1) If an individual is employed or enrolled in a college or university at the any time while his driver's license is suspended pursuant to this section, he may apply for a special restricted driver's license permitting him to drive only to and from work or his place of education and in the course of his employment or education during the period of suspension. The department may issue the special restricted driver's license only upon showing by the individual that he is employed or enrolled in a college or university, that he lives further than one mile from his place of employment or education, and that there is no adequate public transportation between his residence and his place of employment or his place of education , and that his job does not require him to drive.
(2) If the department issues a special restricted driver's license, it shall designate a particular route as well as reasonable restrictions on the times during which and routes on which the individual may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, or residence must be reported immediately to the department by the licensee.
(3) The fee for each special restricted driver's license, including a reissue caused by changes in the place and hours of employment, education, or residence, is twenty dollars.
(4) The operation of a motor vehicle outside the time limits and route imposed by a special restricted license by the person issued that license is a violation of Section 56-1-460."
SECTION 3. The third paragraph of Section 56-3-1970 of the 1976 Code, as last amended by Act 429 of 1988, is further amended to read:
"Any A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five one hundred dollars nor more than one two hundred dollars or imprisoned for not more than thirty days for a first offense, must be fined not less than fifty dollars nor more than one hundred dollars or imprisoned for not more than thirty days for a second offense, and must be fined not less than one hundred dollars or imprisoned for not more than thirty days for a third or subsequent offense each offense."
SECTION 4. The 1976 Code is amended by adding:
"Section 56-3-1971. All law enforcement officers issuing tickets on public and private property and state law enforcement division licensed security officers of shopping centers and business and commercial establishments, which provide parking spaces designated for handicapped persons, are authorized to issue a uniform parking violations ticket to the vehicle for violations of the prescribed use of the parking spaces. The uniform parking violations ticket shall provide a means for tracking violators by tag number and recording the violations with the division of motor vehicles.
The procedures governing the issuance, form, and content of the uniform parking violations ticket must be prescribed by the Department of Highways and Public Transportation and approved by the Attorney General.
Upon conviction for a violation of Section 56-3-1970, five dollars of the fine assessed must be remitted to the department for administration and implementation costs.
Section 56-3-1972. For purposes of this article, a uniform parking violations ticket shall consist of five copies, one of which must be blue and placed upon the vehicle parked in violation of this article; one of which must be yellow and must be dispatched to the Department of Highways and Public Transportation for its records; one of which must be white and must be maintained by the originating agency; one of which must be green and must be retained by the trial officer for his records; and one of which must be pink and must be dispatched by the issuing agency to the department for purposes of audit. Each ticket shall have a unique identifying number.
Section 56-3-1973. The Department of Highways and Public Transportation shall have the uniform parking violations ticket printed. Law enforcement and security agencies shall order tickets from the department and shall record the identifying numbers of the tickets received by them. The cost of the tickets must be paid by the law enforcement or security agency. The audit copy and the department record's copy must be forwarded to the department within thirty days of the disposition of the case by final trial court action. The head of each law enforcement agency is responsible for forwarding the audit copies and for conducting an annual inventory on December thirty-first of all tickets received but not yet disposed of by final trial court action and forwarding the results of the inventory on a form prescribed by the department to the department within ten days of the completion of the inventory.
Section 56-3-1974. A person who wilfully and intentionally violates the provisions of Section 56-3-1973 is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred fifty dollars nor more than fifteen hundred dollars or imprisoned not more than six months, or both, for each ticket unaccounted for or for each failure to timely forward the issuing agency's copy or department record's copy or audit copy of a ticket.
If the failure to account for a ticket or the failure to timely forward the issuing agency's copy or the department record's or audit copy of the ticket is inadvertent or unintentional, the misuse is triable in magistrate's court and, upon conviction, the person must be fined not more than one hundred dollars.
The service of the uniform parking violations ticket vests all traffic, recorder's, and magistrate's courts with jurisdiction to hear and dispose of the charge for which the ticket was issued and served."
SECTION 5. No person issued a restricted driver's license under the provisions of Section 56-1-745(C) or Section 56-1-746(D) shall subsequently be eligible for issuance of a special restricted driver's license under these provisions.
SECTION 6. This act takes effect upon approval by the Governor, except: (1) the provisions of Sections 1, 2, and 5 shall apply to any person whose license has been suspended under Section 56-1-745(C) or Section 56-1-746(D), and (2) Section 4 takes effect one hundred twenty days after approval by the Governor./
Amend title to conform.
/s/Donald H. Holland /s/Joseph B. Wilder
/s/H. Samuel Stilwell /s/Sarah G. Manly
/s/McKinley Washington, Jr. /s/James L. Mann Cromer, Jr.
On Part of the Senate. On Part of the House.
and a message was sent to the House accordingly.
H. 4203 -- Rep. Altman: A BILL TO AMEND SECTION 56-9-550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROOF OF FINANCIAL RESPONSIBILITY, SO AS TO PROVIDE ADDITIONAL MEANS OF PROVIDING THE CERTIFICATE TO THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.
On motion of Senator LOURIE, with unanimous consent, the Bill was recalled from the Committee on Transportation.
There was no objection.
The Bill was read the second time, passed and ordered to a third reading.
On motion of Senator LOURIE, H. 4203 was ordered to receive a third reading on Friday, May 15, 1992.
H. 4204 -- Rep. Altman: A BILL TO AMEND SECTION 12-37-2740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OF DRIVER'S LICENSE AND REGISTRATION FOR FAILURE TO PAY PROPERTY TAX ON A MOTOR VEHICLE, SO AS TO PROVIDE THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION SHALL DETERMINE THE MANNER OF NOTIFICATION.
On motion of Senator LOURIE, with unanimous consent, the Bill was recalled from the Committee on Transportation.
There was no objection.
The Bill was read the second time, passed and ordered to a third reading.
On motion of Senator LOURIE, H. 4204 was ordered to receive a third reading on Friday, May 15, 1992.
H. 4767 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO PARKING AND TRAFFIC REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1470, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Senator SETZLER, with unanimous consent, the Joint Resolution was recalled from the Committee on Education.
There was no objection.
On motion of Senator SETZLER, the Joint Resolution was committed to the Committee on Transportation.
H. 4790 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-54-460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SETOFF DEBT COLLECTION ACT WHICH AUTHORIZES A CLAIMANT AGENCY TO REQUEST THAT A DELINQUENT DEBT BE SET OFF BY THE TAX COMMISSION AGAINST ANY INCOME TAX REFUND DUE THE DEBTOR, SO AS TO PROVIDE THAT REGULAR MAIL AS WELL AS CERTIFIED OR REGISTERED MAIL MAY BE USED TO PROVIDE THE DEBTOR WITH CERTAIN NOTICES REQUIRED BY THE ACT.
On motion of Senator SETZLER, with unanimous consent, the Bill was recalled from the Committee on Finance and ordered placed on the Calendar.
There was no objection.
The following were introduced:
S. 1554 -- Senator Stilwell: A CONCURRENT RESOLUTION CONGRATULATING SANDRA WELCH OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY ON THE COMMENCEMENT OF HER TERM AS PRESIDENT OF THE SOUTH CAROLINA ASSOCIATION OF SCHOOL ADMINISTRATORS FOR 1992-93.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1555 -- Senators Robert W. Hayes, Jr., Peeler, Hinson, Bryan, Carmichael, Cork, Courson, Courtney, Drummond, Fielding, Giese, Gilbert, Helmly, Hinds, Holland, Land, Leatherman, Leventis, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO COMMEND OUR COLLEAGUE, SAMUEL R. FOSTER OF YORK COUNTY, FOR HIS DISTINGUISHED SERVICE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES AND TO WISH HIM THE BEST IN HIS NEW POSITION ON THE EMPLOYMENT SECURITY COMMISSION.
Whereas, our colleague, Samuel R. Foster, has decided not to seek re-election from House District 49 in York County; and
Whereas, Representative Foster was recently elected to serve on the Employment Security Commission; and
Whereas, Mr. Foster has served with great distinction since he was elected to the House in 1981; and
Whereas, as a member of the York County Delegation, he has been a strong voice in the General Assembly for all the citizens of York County; and
Whereas, Mr. Foster has been a capable and exemplary member of the House Invitations Committee, currently serving as its chairman; and
Whereas, he has served on many associations and commissions, including the Governor's Task Force on Educational Reform, York Technical College Commission, and the Governor's Task Force on Educational Accountability; and
Whereas, he is a former member of the Board of Directors of Rock Hill Board, C & S National Bank; and
Whereas, Mr. Foster served as President of the South Carolina Association of School Administrators, as Assistant Superintendent for Rock Hill School District 3, and Principal of Northwestern High School; and
Whereas, this hard-working and amiable leader will be sorely missed by all with whom he came in contact. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly commend our colleague, Samuel R. Foster of York County, for his distinguished service as a member of the House of Representatives and wish him the best in his new position on the Employment Security Commission.
Be it further resolved that a copy of this resolution be forwarded to Samuel R. Foster.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1556 -- Senators Passailaigue, Bryan, Carmichael, Cork, Courson, Courtney, Drummond, Fielding, Giese, Gilbert, Robert W. Hayes, Jr., Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Lourie, Macaulay, Martin, Martschink, Matthews, McGill, Mitchell, Moore, Mullinax, O'Dell, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Washington, Williams and Wilson: A JOINT RESOLUTION TO DESIGNATE SOUTH CAROLINA HIGHWAY 61 EXPRESSWAY IN CHARLESTON COUNTY AS THE "GLENN F. McCONNELL HIGHWAY".
Senator PASSAILAIGUE spoke on the Joint Resolution.
Senator WILLIAMS spoke on the Joint Resolution.
Read the first time and on motion of Senator PASSAILAIGUE, with unanimous consent, ordered placed on the Calendar without reference.
On motion of Senator PASSAILAIGUE, S. 1556 was ordered to receive a second and third reading on the next two consecutive legislative days.
H. 4846 -- Reps. Kirsh, Meacham, Hyatt and Delleney: A CONCURRENT RESOLUTION TO COMMEND OUR COLLEAGUE, SAMUEL R. FOSTER OF YORK COUNTY, FOR HIS DISTINGUISHED SERVICE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES AND TO WISH HIM THE BEST IN HIS NEW POSITION ON THE EMPLOYMENT SECURITY COMMISSION.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
Senator MOORE, from the General Committee, submitted a favorable report on:
Reappointment, Member, Commission on Women, with term to expire October 18, 1994:
Mrs. Mildred W. McDuffie, Post Office Box 50474, Columbia, South Carolina 29250
Senator MOORE, from the General Committee, submitted a favorable report on:
Reappointment, Member, Prisoner of War Commission, with term to expire July 1, 1996:
Chairman/At-Large:
Mr. Thomas Whitfield Dunaway, Jr., 106 Carter Oak Ridge, Anderson, South Carolina 29621
Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
Initial Appointment, Member, Permanent Advisory Council of the State Development Board, with term to expire June 30, 1996:
Lee/Darlington:
The Honorable Robert L. Grooms, Post Office Box 68, Lamar, South Carolina 29069 VICE Bob Vassey
Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
Initial Appointment, State Development Board, with term to expire May 21, 1997:
9th Judicial Circuit:
Mr. David B. McCormack, Buist, Moore, Smythe and McGee, Post Office Box 999, Charleston, South Carolina 29402 VICE Frances Shipley
Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
Initial Appointment, Member, State Development Board, with term to expire May 21, 1997:
1st Judicial Circuit:
Mr. William B. Cox, Jr., Post Office Box 1124, Orangeburg, South Carolina 29116-1124 VICE J.R. Bell
Senator MOORE, from the General Committee, submitted a favorable report on:
Initial Appointment, Member, State Fire Marshal Board of Appeals, with term to expire September 6, 1992:
General Contractor:
Mr. Robert D. Shelley, Post Office Box 556, Myrtle Beach, South Carolina 29578
Senator MOORE, from the General Committee, submitted a favorable report on:
Initial Appointment, Member, State Fire Marshal Board of Appeals, with term to expire September 6, 1993:
Building Material Supplier:
Mr. John F. Miller, Post Office Box 471, Camden, South Carolina 29020
Senator MOORE, from the General Committee, submitted a favorable report on:
Reappointment, Member, Prisoner of War Commission, with term to expire July 1, 1995:
3rd Congressional District:
Mr. Jack H. Simmons, 202 Hillcrest Drive, Greenwood, South Carolina, 29646
Senator MOORE, from the General Committee, submitted a favorable report on:
Initial Appointment, Member, State Fire Marshal Board of Appeals, with term to expire September 6, 1992:
Registered Electrical Engineer:
Mr. Herman B. Speissegger, Jr., 102 Murray Boulevard, Charleston, South Carolina 29401
Senator MOORE, from the General Committee, submitted a favorable report on:
Reappointment, Member, South Carolina State Fire Commission, with term to expire January 15, 1995:
3rd Congressional District - Fulltime Fireman:
Chief Odis F. "Bo" Gilreath, 2602 Warren Drive, Anderson, South Carolina 29621
Senator MOORE, from the General Committee, submitted a favorable report on:
Initial Appointment, Member, State Fire Marshal Board of Appeals, with term to expire September 6, 1993:
Structural Engineer:
Mr. C.F. Boland, Jr., Professional Engineering Associates, Inc., Post Office Box 8836, Greenville, South Carolina 29604
Senator MOORE, from the General Committee, submitted a favorable report on:
Reappointment, Member, State Board of Barber Examiners, with term to expire June 30, 1995:
At-Large:
Mr. William D. Norris, 918 Natchez Trail, West Columbia, South Carolina 29169
Senator MOORE, from the General Committee, submitted a favorable report on:
Reappointment, Member, South Carolina Arts Commission, with term to expire June 30, 1994:
At-Large:
Mrs. Constance C. Fleming, 604 Hendrix Street, Lexington, South Carolina 29072
Senator MOORE, from the General Committee, submitted a favorable report on:
Reappointment, Member, South Carolina Commission for the Blind, with term to expire May 19, 1994:
1st Congressional District:
Dr. Clay W. Evatt, Jr., Suite 112, Fairfield Office Park, Charleston, South Carolina 29401
Senator MACAULAY, from the Committee on Medical Affairs, submitted a favorable report on:
Appointment, Member, Hearing Aid Dealers and Fitters Commission, with term to expire January 27, 1996:
Mr. G. Charles Young, 1607 Brabham Avenue, Columbia, South Carolina 29204 VICE John H. Young
Senator MACAULAY, from the Committee on Medical Affairs, submitted a favorable report on:
Appointment, Member, Children's Trust Fund of South Carolina, with term to expire June 30, 1996:
Mr. Joe M. Anderson, Jr., Southern Bell Telephone Company, Post Office Box 752, Columbia, South Carolina 29202 VICE Paula Bethea
Senator MACAULAY, from the Committee on Medical Affairs, submitted a favorable report on:
Appointment, Member, South Carolina Continuum of Care for Emotionally Disturbed Children Board, with term to expire June 30, 1996:
Mr. Richard Leonard Crain, Sr., 426 Phillips Lane, Greer, South Carolina 29650
Senator MACAULAY, from the Committee on Medical Affairs, submitted a favorable report on:
Appointment, Member, Board of Examiners for Nursing Home and Community Residential Care Facility Administrators, with term to expire December 31, 1995:
Mrs. Catherine H. Beard, 123 North Warren Street, Timmonsville, South Carolina 29161
Senator MACAULAY, from the Committee on Medical Affairs, submitted a favorable report on:
Appointment, Member, Advisory Council to the Board of the Continuum of Care for Emotionally Disturbed Children, with term to expire June 30, 1995:
Ms. Helen Adams Wood, 305 Plantation Drive, Greenwood, South Carolina 29649
Senator MACAULAY, from the Committee on Medical Affairs, submitted a favorable report on:
Appointment, Member, Board of Examiners for Nursing Home and Community Residential Care Facility Administrators, with term to expire December 31, 1992:
Ms. Shirley H. Fishburne, 2611 Carolwood Drive, Rock Hill, South Carolina 29732
Senator MACAULAY, from the Committee on Medical Affairs, submitted a favorable report on:
Appointment, Member, Advisory Council to the Board of the Continuum of Care for Emotionally Disturbed Children, with term to expire June 30, 1995:
Ms. Harriet Jean Ferguson, 1640 Enoree Avenue, Columbia, South Carolina 29205
Senator MACAULAY, from the Committee on Medical Affairs, submitted a favorable report on:
Appointment, Member, Mental Health Commission, with term to expire March 21, 1996:
Dr. Charles T. Battle, Post Office Box 577, Seneca, South Carolina 29679 VICE C. Alex Harvin, Jr.
Senator MACAULAY, from the Committee on Medical Affairs, submitted a favorable report on:
Appointment, Member, South Carolina Foster Care Review Board, with term to expire June 30, 1996:
Mrs. Judy M. Hamrick, 202 Union Street, Gaffney, South Carolina 29340
Senator MACAULAY, from the Committee on Medical Affairs, submitted a favorable report on:
Appointment, Member, Board of Examiners for Nursing Home and Community Residential Care Facility Administrators, with term to expire December 31, 1994:
Ms. Dorothy L. Brown, 410 Flamingo Drive, N.E., Orangeburg, South Carolina 29115
Senator MACAULAY, from the Committee on Medical Affairs, submitted a favorable report on:
Appointment, Member, Advisory Council to the Board of the Continuum of Care for Emotionally Disturbed Children, with term to expire June 30, 1996:
Dr. Luther A. Diehl, 109 Camden Drive, Spartanburg, South Carolina 29302
Senator MACAULAY, from the Committee on Medical Affairs, submitted a favorable report on:
Appointment, Member, South Carolina Commission on Alcohol and Drug Abuse, with term to expire June 30, 1996:
Ms. Jane Furman Pressly, 205 Rockingham Road, Greenville, South Carolina 29607 VICE Harold W. Moody
Senator MITCHELL, from the Committee on Corrections and Penology, submitted a favorable report on:
Appointment, Member, South Carolina Board of Youth Services, with term to expire June 30, 1996:
Mr. Truman M. Fallaw, 330 Shurley Street, Rock Hill, South Carolina 29732
Senator MITCHELL, from the Committee on Corrections and Penology, submitted a favorable report on:
Appointment, Member, South Carolina Board of Probation, Parole and Pardon Services, with term to expire March, 1997:
Mr. John Franklin Elliott, 132 Surry Circle, Aiken, South Carolina 29801
S. 1410 -- Senators Mullinax and O'Dell: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE BRIDGE ON EAST QUEEN STREET IN PENDLETON IN ANDERSON COUNTY AS THE DEXTER GOSSETT MEMORIAL BRIDGE.
Returned with concurrence.
Received as information.
S. 1524 -- Senators Bryan, Wilson, Robert W. Hayes, Jr., Leventis, Carmichael, Courson, Courtney, Drummond, Giese, Helmly, Hinds, Leatherman, Lourie, Macaulay, Martin, Martschink, McConnell, McGill, Moore, O'Dell, Peeler, Pope, Reese, Rose, Russell, Shealy, J. Verne Smith, Stilwell and Williams: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO SUPPORT AND MAINTAIN A STRONG ARMY NATIONAL GUARD BY MANDATING THAT THE "END STRENGTH" OF THE ARMY NATIONAL GUARD BE NO LESS THAN 420,000 PERSONNEL AND THAT THE SOUTH CAROLINA ARMY NATIONAL GUARD UNITS PRESENTLY SERVING THE STATE OF SOUTH CAROLINA BE RETAINED AS PART OF THE FORCE STRUCTURE OF AMERICA'S ARMED FORCES.
Returned with concurrence.
Received as information.
S. 1546 -- Senators Fielding, Passailaigue, Martschink, McConnell and Washington: A CONCURRENT RESOLUTION TO CONGRATULATE DOROTHY BRYAN O'NEILL OF CHARLESTON COUNTY FOR HER OUTSTANDING CONTRIBUTION AS A "PROFESSIONAL MOTHER", SETTING A FINE EXAMPLE FOR HER CHILDREN.
Returned with concurrence.
Received as information.
S. 1547 -- Senators Pope, Martin, Lourie and McConnell: A CONCURRENT RESOLUTION TO FIX 12;00 NOON ON WEDNESDAY, MAY 27, 1992, AS THE TIME FOR ELECTING SUCCESSORS FOR CERTAIN JUDGES OF THE CIRCUIT COURT WHOSE TERMS EXPIRE JUNE 30, 1992; AND TO ELECT SUCCESSORS FOR CERTAIN JUDGES OF THE FAMILY COURT WHOSE TERMS EXPIRE JUNE 30, 1992, AND JUNE 30, 1995.
Returned with concurrence.
Received as information.
S. 1550 -- Senator Macaulay: A CONCURRENT RESOLUTION TO CONGRATULATE NORMA AND BOB LOVE FOR RECEIVING THE SKIPPY RIZER HOMEMAKER OF THE YEAR AWARD.
Returned with concurrence.
Received as information.
S. 1551 -- Senators Macaulay, Mullinax and O'Dell: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE J. ED HORTON, SR., MAGISTRATE, ANDERSON COUNTY, BELTON DISTRICT 2, AREA 1, FOR HIS MANY YEARS OF DEDICATED SERVICE AND EXTENDING HIM BEST WISHES IN HIS RETIREMENT.
Returned with concurrence.
Received as information.
S. 1553 -- Senator Matthews: A CONCURRENT RESOLUTION TO CONGRATULATE JAMES R. BLASSINGAME OF ORANGEBURG ON HIS RETIREMENT FROM THIRTY-FIVE YEARS OF DEDICATED SERVICE AS AN EDUCATOR AND AN ADMINISTRATOR IN SOUTH CAROLINA PUBLIC SCHOOLS, COLLEGES, AND UNIVERSITIES AND TO WISH HIM WELL.
Returned with concurrence.
Received as information.
Senator SALEEBY asked unanimous consent to make a motion that the Senate proceed to a consideration of the matters on the local and statewide uncontested Calendar and, upon conclusion, the Senate would revert to the Morning Hour.
There was no objection.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills were read the third time and having received three readings in both Houses, it was ordered that the titles thereof be changed to that of Acts and same enrolled for Ratification:
H. 4275 -- Reps. Hallman, D. Martin, Whipper, Corbett, Holt, Barber, R. Young, Fulmer, J. Bailey and Gonzales: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 51-13-725 SO AS TO ADD THE MAYOR OF MT. PLEASANT, SOUTH CAROLINA, AS AN EX OFFICIO MEMBER OF THE PATRIOT'S POINT DEVELOPMENT AUTHORITY.
H. 4358 -- Rep. Phillips: A BILL TO AMEND SECTION 40-56-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF PYROTECHNIC SAFETY, SO AS TO INCREASE THE MEMBERSHIP OF THE BOARD.
The following House Bills were read the third time, passed and ordered returned to the House with amendments:
H. 3630 -- Rep. Hodges: A BILL TO AMEND SECTION 33-16-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A CORPORATION IS REQUIRED TO REPORT TO SHAREHOLDERS SHARES ISSUED FOR PROMISSORY NOTES OR FOR PROMISES TO RENDER SERVICES IN THE FUTURE, SO AS TO EXEMPT A CORPORATION THAT IS SUBJECT TO THE REPORT REQUIREMENTS OF THE SECURITIES AND EXCHANGE ACT OF 1934, IF THE SHARES ARE ISSUED PURSUANT TO A PLAN THAT HAS BEEN APPROVED BY THE SHAREHOLDERS OF THE CORPORATION.
H. 4239 -- Reps. Harrison and Quinn: A BILL TO AMEND SECTION 25-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF THE DIRECTOR OF VETERANS AFFAIRS, SO AS TO ALLOW THE VETERANS OF FOREIGN WARS AND THE DISABLED AMERICAN VETERANS, ALONG WITH THE AMERICAN LEGION, TO MAKE A RECOMMENDATION TO THE GOVERNOR FOR A DIRECTOR.
H. 3400 -- Reps. Wilkins, Nettles, Burch, Cole, Keesley, M. Martin, Huff, Hayes and D. Martin: A BILL TO AMEND SECTION 16-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FELONIES, SO AS TO PROVIDE A CLASSIFICATION SYSTEM FOR ALL FELONY AND MISDEMEANOR CRIMES AND OFFENSES AND EXCEPTIONS; TO AMEND SECTION 16-1-20, RELATING TO CLASSIFICATION OF OTHER CRIMES, SO AS TO PROVIDE THE MAXIMUM TERM OF IMPRISONMENT, TO EXEMPT OFFENSES WHICH REFER TO A MANDATORY MINIMUM TERM OF IMPRISONMENT, AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 16-1-30, RELATING TO CLASSIFICATION OF NEW OFFENSES, SO AS TO REQUIRE ALL NEW OFFENSES TO BE CLASSIFIED PURSUANT TO SECTIONS 16-1-10 AND 16-1-20; TO AMEND SECTIONS 16-1-40 AND 16-1-50, RELATING TO ACCESSORIES BEFORE THE FACT AND INDICTMENT AND CONVICTION OF ACCESSORIES, SO AS TO MAKE GRAMMATICAL CHANGES; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-55 SO AS TO CLASSIFY THE OFFENSE OF ACCESSORY AFTER THE FACT; TO AMEND SECTION 16-1-60, RELATING TO THE LIST OF VIOLENT CRIMES, SO AS TO ADD CRIMINAL SEXUAL CONDUCT WITH MINORS AND ASSAULT WITH INTENT TO COMMIT CRIMINAL SEXUAL CONDUCT; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-80 SO AS TO CLASSIFY AN ATTEMPT; TO AMEND THE 1976 CODE BY ADDING SECTIONS 16-1-90 AND 16-1-100 SO AS TO PROVIDE A LIST OF EACH CRIME AND OFFENSE AND ITS CLASSIFICATION; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-110, SO AS TO PROVIDE FOR CRIMES OR OFFENSES INADVERTENTLY OMITTED FROM CLASSIFICATION; TO AMEND THE 1976 CODE BY ADDING SECTION 16-11-325 SO AS TO PROVIDE THAT COMMON LAW ROBBERY IS A FELONY AND TO SET THE MAXIMUM TERM OF IMPRISONMENT; TO AMEND SECTIONS 7-25-50, 7-25-60, 7-25-80, 7-25-190, 8-1-20, 12-7-2750, 12-9-840, 12-21-2716, 12-27-50, 12-29-610, 12-31-670, 12-45-110, 16-5-10, 16-7-160, AS AMENDED, 16-9-320, AS AMENDED, 16-9-340, 16-11-20, 16-11-170, 16-11-617, 16-11-740, AS AMENDED, 16-13-160, 16-13-170, 16-13-290, 16-15-140, 16-15-385, AS AMENDED, 16-17-410, 16-17-430, 16-17-600, AS AMENDED, 16-21-10, 16-21-40, 16-21-130, 16-21-140, 16-23-220, AS AMENDED, 16-23-230, AS AMENDED, 16-23-240, AS AMENDED, 16-23-260, AS AMENDED, 16-23-410, 16-23-420, 16-23-440, AS AMENDED, 16-23-480, 16-23-490, 16-23-520, 17-13-50, 17-15-90, 20-7-50, 20-7-60, 20-7-80, 23-31-340, 23-31-360, 24-1-270, 24-13-410, 24-13-420, 27-32-120, 34-13-90, 38-9-150, 38-13-170, 39-22-90, 39-23-80, 43-29-41, 43-30-100, AS AMENDED, 44-23-1150, 44-52-165, AS AMENDED, 44-53-40, 44-53-375, AS AMENDED, 44-53-390, 44-53-445, AS AMENDED, 44-55-1510, 46-41-30, 47-19-120, 55-1-30, 56-1-1100, AS AMENDED, 56-5-1030, 57-1-60, 58-13-740, 58-15-820, 58-17-4100, RELATING TO VARIOUS CRIMES AND OFFENSES, SO AS TO CHANGE PORTIONS FROM MISDEMEANORS TO FELONIES AND THE MAXIMUM TERM OF IMPRISONMENT TO CONFORM TO THE CLASSIFICATION SYSTEM ESTABLISHED IN SECTIONS 16-1-10 AND 16-1-20; TO AMEND SECTIONS 12-54-40, AS AMENDED, 16-3-410, 16-9-10, 16-9-20, 16-11-140, 16-11-920, AS AMENDED, 16-11-940, AS AMENDED, 16-14-40, 16-14-60, 16-14-70, 16-17-470, 20-7-2660, AS AMENDED, 48-43-550, RELATING TO VARIOUS CRIMES AND OFFENSES, SO AS TO CHANGE PORTIONS FROM FELONY TO MISDEMEANORS, TO CONFORM TO THE CLASSIFICATION SYSTEM ESTABLISHED IN SECTIONS 16-1-10 AND 16-1-20 AND TO PROVIDE FOR PENALTIES; TO AMEND SECTIONS 16-11-510, 16-11-520, 16-13-10, 16-13-30, 16-13-40, 16-13-50, 16-13-70, 16-13-110, 16-13-180, AS AMENDED, 16-13-210, 16-13-230, 16-13-240, 16-13-260, 16-13-420, 16-13-425, AS AMENDED, 16-13-430, 16-21-80, 38-55-170, AS AMENDED, 46-1-20, 46-1-40, 46-1-60, 46-1-70, 49-1-50, AS AMENDED, RELATING TO VARIOUS CRIMES AND OFFENSES INVOLVING PROPERTY, SO AS TO CREATE A THREE TIER CLASSIFICATION BASED UPON THE VALUE OF THE PROPERTY INVOLVED THAT SPECIFIES WHETHER THE OFFENSE IS A MISDEMEANOR OR FELONY AND MAXIMUM TERM OF IMPRISONMENT; TO AMEND SECTIONS 4-11-130, 4-17-70, 5-21-30, 5-21-40, 6-7-800, 6-7-1080, 6-7-1110, 7-25-10, 7-25-20, 7-25-70, 7-25-100, 7-25-110, 7-25-120, 7-25-160, 7-25-170, 8-1-30, 8-9-10, 8-11-30, 9-1-1160, 10-11-360, 11-1-20, 11-1-40, 11-9-20, 12-1-90, 12-21-2540, 12-21-2714, 12-21-3070, 12-54-40, AS AMENDED, 16-3-50, 16-3-60, 16-3-70, 16-3-75, 16-3-910, 16-3-920, 16-3-1060, AS AMENDED, 16-5-40, 16-5-130, 16-7-170, 16-9-30, 16-9-410, 16-11-30, 16-11-190, 16-11-311, 16-11-330, 16-11-380, 16-11-390, 16-11-560, 16-11-570, 16-13-150, 16-13-385, 16-14-80, 16-14-100, 16-15-130, 16-15-250, 16-15-405, 16-15-425, 16-16-20, 16-17-510, 16-17-560, 16-17-700, 16-21-60, 16-23-50, AS AMENDED, 16-23-465, 16-23-470, 17-7-510, 17-15-150, 22-5-120, 22-9-140, 23-1-20, 23-17-110, 23-31-190, 23-35-130, 24-3-910, 25-1-150, 25-7-20, 25-7-50, 25-15-20, 27-29-150, 30-15-50, 34-19-110, 38-7-140, 38-13-140, 38-25-330, 38-37-930, 38-37-1650, 38-43-190, 38-43-240, 38-47-60, 38-55-80, 38-55-150, 38-55-160, 38-59-50, 39-15-170, 39-15-470, 39-17-340, 40-5-320, 40-5-350, 40-5-360, 40-6-170, 40-11-300, 40-41-220, 40-43-140, AS AMENDED, 40-43-320, 41-15-50, 43-5-40, 43-33-40, 44-31-360, 44-53-370, AS AMENDED, 46-17-460, 46-19-270, 46-25-80, 48-27-230, 48-27-250, 48-49-60, 50-1-136, 50-13-350, 50-13-1460, 50-13-1470, 50-21-710, 54-1-40, 56-5-750, AS AMENDED, 56-5-2945, AS AMENDED, 56-29-30, 58-13-10, 59-25-250, 59-63-450, 61-13-810 RELATING TO CRIMES AND OFFENSES, SO AS TO CHANGE THE MAXIMUM TERM OF IMPRISONMENT TO CONFORM TO THE CLASSIFICATION ESTABLISHED FOR EACH OFFENSE; TO AMEND SECTION 22-3-570, RELATING TO MAGISTRATES' JURISDICTION, SO AS TO PROVIDE THAT PETIT LARCENY AND ALL OTHER OFFENSES INVOLVING PERSONAL PROPERTY IN WHICH THE VALUE IS TWO HUNDRED DOLLARS OR LESS IS WITHIN THE MAGISTRATE'S JURISDICTION; TO REPEAL SECTIONS 16-1-15 RELATING TO ALL DEGREES OF BURGLARY BEING A FELONY, 16-9-40 RELATING TO ADDITIONAL PERMISSIBLE PUNISHMENT FOR PERJURY; 16-13-20 RELATING TO PRIVILY STEALING FROM PERSON OR HOUSE AS GRAND LARCENY, 16-13-90 RELATING TO THEFT OF BEDDING AND OTHER FURNISHINGS FROM LODGING, 16-13-190, RELATING TO STEALING TIRES OR TUBES, 16-13-200, RELATING TO RECEIPT OF STOLEN TIRES AND TUBES, 16-15-30, RELATING TO ABDUCTING A MAID UNDER SIXTEEN YEARS OF AGE; 16-15-40 RELATING TO CONTRACTING MATRIMONY WITH AN ABDUCTED MAID UNDER THE AGE OF SIXTEEN; 16-15-50 RELATING TO SEDUCTION UNDER PROMISE OF MARRIAGE, 16-15-60 RELATING TO ADULTERY OR FORNICATION, 16-15-70 RELATING TO DEFINITION OF ADULTERY, 16-15-80 RELATING TO DEFINITION OF FORNICATION, 16-15-120 RELATING TO BUGGERY, 16-17-10 RELATING TO PROHIBITION OF BARRATRY, 16-17-20 RELATING TO PERSON CONVICTED OF BARRATRY BARRED FROM PRACTICE OF LAW, 24-5-40 RELATING TO SEPARATE LODGING FOR DEBTORS, 39-23-90 RELATING TO PENALTIES FOR VIOLATING SECTION 39-23-80, AND 54-9-80 RELATING TO IMPRESSING SEAMAN.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The amendment proposed by the Committee on Judiciary (JUD3400.003) was adopted as follows:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
SECTION 1. Section 16-1-10 of the 1976 Code, as last amended by subsection 38, Section 43, Part II, Act 604 of 1990, is further amended to read:
"Section 16-1-10. The crimes referred to in the following sections: 12-54-40 (tax evasion, failure to collect or remit taxes, assisting in filing false return or document, or attempting to defeat collection of taxes); Sections 16-1-40 (accessory before the fact in the commission of a felony); 16-3-10 (murder); 16-3-30 (killing by poison); 16-3-40 (killing by stabbing or thrusting); 16-3-50 (manslaughter); 16-3-70 (administering or attempting to administer poison); 16-3-210 and 16-3-220 (lynching); 16-3-410 (challenging or accepting challenge to duel); 16-3-430 (killing in a duel); 16-3-620 (assault and battery with intent to kill); 16-3-651 to 16-3-653 (criminal sexual conduct); 16-3-655 (criminal sexual conduct with minors); 16-3-910 (kidnapping); 16-3-920 (conspiracy to kidnap); 16-9-10 to 16-9-40 (perjury and subornation of perjury); 16-9-210 (bribery); 16-9-220 (accepting bribes); 16-9-260 (corrupting jurors and others); 16-9-270 (acceptance of bribes by jurors and others); 16-9-410 (aiding escape from prison and rescuing prisoner); 16-9-420 (aiding escape from officer or other person); 16-11-110 (arson); 16-11-310 to 16-11-313 (burglary); 16-11-330 (robbery while armed with a deadly weapon); 16-11-350 (train robbery); 16-11-360 (robbery on trains); 16-11-380 (entering bank, etc., with intent to steal); 16-11-390 (safecracking); 16-11-540 (damaging, destroying, etc., building, vehicle or other property by means of explosive or incendiary); 16-11-550 (threatening to kill, injure or intimidate individual or damage or destroy property by means of explosive or incendiary); 16-13-10 (forgery); 16-13-210 (embezzlement of public funds); 16-13-230 (breach of trust with fraudulent intent); 16-15-10 (bigamy); 16-15-120 (buggery); 16-17-470 (eavesdropping or peeping); 16-17-495 (transporting child under sixteen outside State with intent to violate custody order); 23-29-60 and 23-29-90 (registration of members of subversive organizations); 24-3-950 (furnishing contraband to prisoners); 25-7-20 to 25-7-70 (spying and sabotage of war effort); 44-41-80(a) (illegal abortion); the crimes of treason, attempt to rape, robbery and highway robbery, grand larceny and mayhem; 16-3-625 (resisting arrest by a law enforcement officer with use or threat of use of a deadly weapon; 44-53-370(e) (trafficking in controlled substances); 56-5-2945 (injuring or killing any person while driving vehicle under influence of alcohol or drugs); 34-11-90 (drawing or uttering instrument in violation of Chapter 11 of Title 34 in excess of five thousand dollars); 16-3-1060, 20-7-1710, and 21-21-20 (receiving compensation for relinquishment of child for adoption); 16-3-75 (tampering with human drug products or food items); 16-27-30 and 16-27-40 (animal fighting and baiting); 44-53-375 (possession of crack cocaine, other than first offense of less than one gram); 56-29-30 (Motor Vehicle Chop Shop, Stolen, and Altered Property Act); 16-15-305 (disseminating obscenity); 16-15-335 (permitting minor to violate Article 3 of chapter 15 of Title 16; 16-15-345 (disseminating obscene material to person under 18 years); 16-15-355 (disseminating obscene material to minor 12 or younger); 16-15-395 (1st degree sexual exploitation of a minor); 16-15-405 (2d degree sexual exploitation of a minor); 16-15-415 (promoting prostitution of a minor); 16-15-425 (participating in prostitution of a minor); 44-29-145 (knowingly exposing another to the Human Immunodeficiency Virus; 16-23-30 (sale or delivery of pistol to and possession by certain persons; stolen pistols); 44-23-1080 (allowing patient or prisoner under jurisdiction of Department of Mental Health access to firearms or dangerous weapons); 16-11-125 (false claims to obtain insurance benefits for fire or explosion losses); 16-11-130 (burning personal property to defraud insurer); 38-55-170 (presenting false claim for payment to insurer); 16-17-600 (destruction or desecration of human remains); 16-18-10 (offenses promoting civil disorder); 20-7-3095 (commission of certain crimes near child day care facility); 34-3-110 (defrauding Federally chartered or insured financial institution, or obtaining property fraudulently); 44-53-1530 (possessing or prescribing anabolic steroids); 44-52-165 (possession of alcohol, firearms, weapons, or drugs by patient receiving inpatient services from Department of Mental Health, Division of Alcohol and Drug Addiction Services); 59-102-20 (operating as athlete agent without registering); 50-102-30 (failure of athlete agent to give notice that student athlete has entered into agent contract, or executing postdated agent contract); 44-53-375 (possession, distribution, and manufacture of certain narcotic drugs or controlled substances); 44-53-475 (financial transactions involving property or proceeds of unlawful activities in narcotic drugs or controlled substances); 44-53-577 (unlawful activities in narcotic drugs or controlled substances involving persons under seventeen years of age); and all other criminal offenses punishable under the laws of this State which were felonies under the common law are hereby classified as and declared to be felonies. (A) Felonies are classified, for the purpose of sentencing, into the following six categories:
(1) Class A felonies
(2) Class B felonies
(3) Class C felonies
(4) Class D felonies
(5) Class E felonies
(6) Class F felonies
(B) Misdemeanors are classified, for the purpose of sentencing, into the following three categories:
(1) Class A misdemeanors
(2) Class B misdemeanors
(3) Class C misdemeanors
(C) All offenses with a term of imprisonment of six months or less are misdemeanors and exempt from the classification system.
(D) The following felonies are classified as exempt under subsection (A):
16-3-10 Murder
16-3-30 Killing by poison
16-3-40 Killing by stabbing or thrusting
16-3-210 Lynching
16-3-430 Killing in a duel
16-3-620 Assault with intent to kill (if sentenced for the common law offense of assault and battery of a high and aggravated nature)
16-3-910 Kidnapping (if sentenced for murder)
16-11-311(B) Burglary
First degree
16-11-540 Damaging or destroying building, vehicle or other property by means of explosive incendiary, death results
23-36-170 Penalty (violation of South
(c),(d) Carolina Explosives Control Act)
Third, fourth, or subsequent offenses
25-7-30 Giving information respecting national or state defense to foreign contacts during war
25-7-40 Gathering information for an enemy
44-53-370 Prohibited Acts A, Penalties
(e)(1)(a)3 (trafficking in marijuana, 10 pounds or more, but less than 100 pounds)
Third or subsequent offenses
44-53-370 Prohibited Acts A, penalties
(e)(1)(b) (trafficking in marijuana, 100 pounds or more of marijuana, but less than 2,000 pounds)
44-53-370 Prohibited Acts A, (trafficking
(e)(1)(c) in marijuana, 2000 pounds or more, but less than 10,000 pounds)
44-53-370 Prohibited Acts A, penalties
(e)(1)(d) (trafficking in marijuana, 10,000 pounds of marijuana or more)
44-53-370 Prohibited Acts A, penalties
(e)(2)(a)3 (trafficking in cocaine, 10 grams or more, but less than 28 grams)
Third or subsequent offense
44-53-370 Prohibited Acts A, penalties
(e)(2)(b)3 (trafficking in cocaine, 28 grams or more, but less than 100 grams)
44-53-370 Prohibited Acts A, penalties
(e)(2)(c) (trafficking in cocaine, 100 grams or more, but less than 200 grams)
44-53-370 Prohibited Acts A, penalties
(e)(2)(d) (trafficking in cocaine, 200 grams or more, but less than 400 grams)
44-53-370 Prohibited Acts A, penalties
(e)(2)(e) (trafficking in cocaine, 400 grams or more)
44-53-370 Prohibited Acts A, penalties
(e)(3)(a)2 (trafficking in illegal drugs, 4 grams or more, but less than 14 grams)
Second or subsequent offense
44-53-370 Prohibited Acts A, penalties
(e)(3)(b) (trafficking in illegal drugs, 14 grams or more, but less than 28 grams)
44-53-370 Prohibited Acts A, penalties
(e)(3)(c) (trafficking in illegal drugs, 28 grams or more)
44-53-370 Prohibited Acts A, penalties
(e)(4)(a)2 (trafficking in methaqualone, 15 grams or more, but less than 150 grams)
Second or subsequent offense
44-53-370 Prohibited Acts A, penalties
(e)(4)(b) (trafficking in methaqualone,150 grams but less than 1,500 grams)
44-53-370 Prohibited Acts A, penalties
(e)(4)(c) (trafficking in methaqualone, possession of 1,500 grams, but less than 15 kilograms of methaqualone)
44-53-370 Prohibited Acts A, penalties
(e)(4)(d) (trafficking in methaqualone, 15 kilograms or more)
44-53-375(A) Possession of less than one gram of crack cocaine
Third or subsequent offense
44-53-375(B) Manufacturing, distributing, dispensing or possessing with intent to distribute or dispense crack cocaine
44-53-375(C) Trafficking in ice, crank, or crack cocaine (100 grams or more)
44-53-445 Distribute, sell, or manufacture, or possess with intent to distribute crack cocaine within proximity of school
58-17-4090 Penalty for obstruction of railroad if death of human being results"
SECTION 2. Section 16-1-20 of the 1976 Code is amended to read:
"Section 16-1-20. All other criminal offenses punishable under the laws of this State are hereby classified as and declared to be misdemeanors, anything in any of the statutes of this State which refer to such offenses to the contrary notwithstanding. (A) A person convicted of classified offenses, must be imprisoned as follows:
(1) for a Class A felony, not more than thirty years;
(2) for a Class B felony, not more than twenty-five years;
(3) for a Class C felony, not more than twenty years;
(4) for a Class D felony, not more than fifteen years;
(5) for a Class E felony, not more than ten years;
(6) for a Class F felony, not more than five years;
(7) for a Class A misdemeanor, not more than three years;
(8) for a Class B misdemeanor, not more than two years;
(9) for a Class C misdemeanor, not more than one year;
(B) For all offenders sentenced on or after January 1, 1993, the minimum term of imprisonment required by law does not apply to the offenses listed in Section 16-1-90 unless the offense refers to a mandatory minimum sentence. Offenses listed in Section 16-1-10(C) and (D) are exempt and minimum terms of imprisonment are applicable. No sentence of imprisonment precludes the timely execution of a death sentence.
(C) This chapter does not apply to the minimum sentences established for fines or community service."
SECTION 3. Section 16-1-30 of the 1976 Code is amended to read:
"Section 16-1-30. All criminal offenses created by statute after April 6, 1960 shall January 1, 1993, must be classified according to the maximum term of imprisonment provided in the statute as misdemeanors unless the statute creating any such offense shall expressly provide that the offense is a felony and pursuant to Sections 16-1-10 and 16-1-20, except as provided in Section 16-1-10(D)."
SECTION 4. Section 16-1-40 of the 1976 Code is amended to read:
"Section 16-1-40. Whoever A person who aids in the commission of a felony or is an accessory thereto before the fact in the commission of a felony by counseling, hiring, or otherwise procuring such the felony to be committed shall is guilty of a felony and, upon conviction, must be punished in the manner prescribed for the punishment of the principal felon."
SECTION 5. Section 16-1-50 of the 1976 Code is amended to read:
"Section 16-1-50. Whoever A person who counsels, hires, or otherwise procures a felony to be committed may be indicted and convicted:
(1) as an accessory before the fact either with the principal felon or after his conviction; or
(2) may be indicted and convicted of a substantive felony, whether the principal felon has or has not been convicted or is or is not amenable to justice, and, in the last-mentioned case, may be punished in the same manner as if convicted of being an accessory before the fact."
SECTION 6. The 1976 Code is amended by adding:
"Section 16-1-55. A person who commits the offense of accessory after the fact must be punished based upon the classification below the punishment provided for the principal offense, except for Class A, Class B, and Class C felonies or murder. If the principal offense is a Class A, Class B, or Class C felony or murder, the penalty must be as prescribed for a Class D felony."
SECTION 7. Section 16-1-60 of the 1976 Code is amended to read:
"Section 16-1-60. For purposes of definition under South Carolina law a violent crime includes the offenses of murder (Section 16-3-10),; criminal sexual conduct in the first and second degree, (Sections 16-3-652 and 16-3-653); criminal sexual conduct with minors (Section 16-3-655); assault with intent to commit criminal sexual conduct (Section 16-3-656); assault and battery with intent to kill, (Section 16-3-620); kidnapping, (Section 16-3-910); voluntary manslaughter, (Section 16-3-50); armed robbery, (Section 16-11-330); drug trafficking as defined in Section 44-53-370(e),; arson in the first degree, (Section 16-11-310(A)); burglary in the first degree, (Section 16-11-311); and burglary in the second degree under (Section 16-11-312(B))."
SECTION 8. The 1976 Code is amended by adding:
"Section 16-1-80. Any person who commits the common law offense of attempt, upon conviction, must be punished as for the principal offense.
Section 16-1-90. (A) The following offenses are Class A felonies and the maximum terms established for a Class A felony, as set forth in Section 16-1-20(A), apply:
16-3-50 Manslaughter - voluntary
16-3-652 Criminal sexual conduct
First degree
16-3-655 Criminal sexual conduct with minors if victim under 11 years of age
First degree
16-3-656 Assault with intent to commit criminal sexual conduct
First degree
16-3-658 Criminal sexual conduct where victim is legal spouse (separated)
First degree
16-3-910 Kidnapping
16-3-920 Conspiracy to commit kidnapping
16-11-330(A) Robbery while armed with a deadly weapon
16-11-380 Entering bank, depository or building and loan association with intent to steal
16-11-390 Safecracking
44-53-370 Prohibited Acts A, penalties
(b)(1) (narcotic drugs in Schedules I(b) and (c), LSD, and Schedule II)
Second, third, or subsequent offenses
44-53-370 Prohibited Acts A, penalties
(e)(2)(a)2 (trafficking in cocaine, 10 grams or more, but less than 28 grams)
Second offense
55-1-30(3) Unlawful removing or damaging of airport facility or equipment when death results
56-5-1030 Interference with traffic-control
(B)(3) devices or railroad signs or signals prohibited when death results from violation
58-17-4090 Penalty for obstruction of railroad
(B) The following offenses are Class B felonies and the maximum terms established for a Class B felony, as set forth in Section 16-1-20(A), apply:
16-11-110(A) Arson - first degree
16-11-370 Robbery of operators of vehicles for hire
16-11-540 Damaging or destroying building, vehicle or other property by means of explosive or incendiary if personal injury results
44-53-370 Prohibited Acts A, penalties
(e)(3)(a)1 (trafficking in illegal drugs, 4 grams or more, but less than 14 grams)
44-53-475 Financial transactions involving
(A)(1) property derived from unlawful drug activity
44-53-475 Transportation or attempt to
(A)(2) transfer monetary instruments derived from unlawful drug activity
56-5-2945 Causing great bodily injury or death by operating vehicle while under influence of drugs or alcohol, death resulting
(C) The following offenses are Class C felonies and the maximum terms established for a Class C felony, as set forth in Section 16-1-20(A), apply:
16-3-70 Administering or attempting to administer poison
16-3-75 Unlawful and malicious tampering with human drug product or food
16-3-220 Lynching in the second degree
16-3-620 Assault and battery with intent to kill
16-3-653 Criminal sexual conduct
Second degree
16-3-655(2) Criminal sexual conduct with minor less than 16 years age
Second degree
16-3-655(3) Criminal sexual conduct with minor - victim 14 years of age or less, but who is at least 11 years of age
Second degree
16-3-656 Assault with intent to commit criminal sexual conduct
Second degree
16-3-658 Criminal sexual conduct where victim is legal spouse (separated)
Second degree
16-3-810 Engaging child under 18 for sexual performance
16-11-110(B) Arson - second degree
16-11-330(B) Attempted armed robbery
16-11-350 Train robbery by stopping train
16-11-360 Robbery after entry upon train
16-11-540 Damaging or destroying building, vehicle or other property by means of explosive or incendiary
24-13-450 Taking of hostages by any inmate
25-7-30 Giving information respecting national or state defense to foreign contacts (violation during peacetime)
44-53-370 Prohibited Acts A, penalties
(b)(2) (manufacture or possession of other substances in Schedule I,II, III, with intent to distribute)
Third or subsequent offense
44-53-370 Prohibited Acts A, penalties
(e)(1)(a)2 (trafficking in marijuana, 10 pounds or more, but less than 100 pounds)
Second offense
44-53-440 Distribution of controlled substance under Sections 44-53-370(a) and 44-53-375(B) to persons under 18
44-53-475 Concealment of property derived
(A)(3) from unlawful drug activity
58-15-870 Injuring railroad or electric railway generally if act endangers life (D) The following offenses are Class D felonies and the maximum term established for a Class D felony, as set forth in Section 16-1-20(A), apply:
16-11-312 Burglary - second degree
16-11-325 Common law robbery
16-11-550 Threatening to kill, injure or intimidate individual or damage or destroy property by means of explosive or incendiary
Second and subsequent offense
16-15-140 Committing or attempting lewd act upon child under 14
44-53-370 Prohibited Acts A, penalties
(b)(1) (narcotic drugs in Schedule I (b) and (c), LSD, and Schedule II)
First offense
44-53-577 Unlawful to hire, solicit, direct, a person under 17 years of age to transport, conceal, or conduct financial transaction relating to unlawful drug activity
56-5-2945 Causing great bodily injury
(A)(1) or death by operating vehicle while under influence of drugs or alcohol (great bodily injury resulting)
(E) The following offenses are Class E offenses and the maximum terms established for a Class E felony, as set forth in Section 16-1-20(A), apply:
7-25-50 Bribery at elections
Second offense
7-25-80 Threatening, intimidating, or abusing voters
8-1-20 Illegal collecting and retaining rebates, commissions, or discounts (public officers/employees)
8-13-705 Offering, giving, soliciting, or receiving anything of value to influence action of public employee, member, or official
16-3-615 Spousal sexual battery
16-3-625 Resisting arrest with deadly weapon
16-3-654 Criminal sexual conduct
Third degree
16-3-656 Assault with intent to commit criminal sexual conduct
Third degree
16-3-820 Promoting, producing, or directing a sexual performance by a child under 18
16-3-1060 No person may accept fee, compensation, etc. (for relinquishing the custody of a child for adoption)
16-7-10(b) Acts considered unlawful in area designated by Governor in emergency - looting
16-7-160(2) Illegal use of stink bombs or other devices containing foul or offensive odors - bodily harm results
16-9-220 Acceptance of bribes by officers
16-9-290 Accepting bribes for purposes of procuring public office
16-9-320(B) Assaulting police officer serving process or while resisting arrest
16-9-410(C)(1) Aiding escapes from prison, for prisoners serving term of incarceration
16-11-110(C) Arson - third degree
16-11-313 Burglary - third degree Second offense
16-11-510 Malicious injury to animals and
(B)(1) personal property (value $1000 or more)
16-11-520 Malicious injury to real
(B)(1) property (value $1000 or more)
16-11-550 Threatening to kill, injure, or intimidate individual or damage or destroy property by means of explosive or incendiary
16-11-740 Malicious injury to telegraph, telephone, or electric utility system
16-13-10 Forgery (value $1000 or more)
(B)(1)
16-13-30 Grand larceny (value $1000
(B)(2) or more)
16-13-40(3) Stealing of bonds and the like (value $1000 or more)
16-13-50(1) Stealing livestock, confiscation of motor vehicle or other chattel (value $1000 or more)
16-13-70 Stealing of vessels and
(B)(1) equipment, payment of damages (value $1000 or more)
16-13-110 Shoplifting (value $1000 or
(B)(3) more)
16-13-170 Entering house or vessel without breaking in with intent to steal, attempt to enter
16-13-180(3) Receiving stolen goods (value $1000 or more)
16-13-210(1) Embezzlement of public funds (value $1000 or more)
16-13-230 Breach of trust with fraudulent
(B)(3) intent (value $1000 or more)
16-13-240(1) Obtaining signature or property by false pretenses (value $1000 or more)
16-13-260(1) Obtaining property under false tokens or letters (value $1000 or more)
16-13-290(1) Securing property by fraudulent impersonation of officer over $200
16-13-420 Failure to return rented objects, fraudulent appropriation (value $1000 or more)
16-13-425(3) Unlawful failure to return rented video or cassette tape (value $1000 or more)
16-13-430 Fraudulent acquisition or use
(C)(1) of food stamps (value $1000 or more)
16-15-20 Incest
16-15-355 Disseminating obscene material to a minor 12 years or younger
16-15-395 Sexual exploitation of a minor
16-15-415 Promoting prostitution of a minor
16-16-20(2) Computer Crime Act First degree
16-17-430 Unlawful uses of telephone
(B)(1)
16-17-550 Bribery of athletes and athletic officials
16-17-600 Destruction or desecration of
(A), (B) human remains or repositories - destroys, damages or desecrates human remains and vandalizes, desecrates, injures gravestones or memorials
16-17-640 Blackmail
16-21-80(2) Receiving, possessing, concealing, selling, or disposing of stolen vehicle (value $1000 or more)
16-23-220 Unlawful transportation of machine gun or sawed-off shotgun or rifle
16-23-230 Unlawful storing, keeping, or possessing machine gun or sawed-off shotgun or rifle
16-23-240 Unlawful selling, renting, or giving away of machine gun or sawed-off shotgun or rifle
16-23-440 Discharging firearms at or into dwellings
17-13-50 Right to be informed of grounds for arrest, consequences of refusal to answer or false answer
20-7-50 Unlawful neglect of child or helpless person by legal custodian
20-7-60 Ill-treating children, apprentices, servants, incompetents, or helpless persons
20-7-80 Abandonment of children
20-7-2203 Adults furnishing any juvenile committed to the Department of Youth Services with contraband
23-29-90 Penalties (violations of Subversive Activities Registration Act)
23-31-340 Penalties (violation of article regulating use and possession of machine guns, sawed-off shotguns, and rifles)
23-31-360 Unregistered possession of machine guns by licensed manufacturer
23-36-170(b) Violation of South Carolina Explosives Control Act
Second offense
24-3-910 Penalty for penitentiary employee's connivance at escape of prisoners
24-3-950 Contraband (possession by prisoner or furnishing prisoner with or attempt to furnish)
24-7-155 Furnishing or possessing contraband in county or municipal prisons prohibited
24-13-420 Harboring or employing escaped convicts
24-13-430(1) Incite prisoners to riot
24-13-430(2) Participating in riot by prisoners
24-13-440 Carrying or concealing weapon by inmates
25-7-50 False reports, insubordination, obstruction of recruiting during war
25-7-70 Sabotage
34-3-10 Use of word `bank' or `banking' by other than banking institutions
34-11-60 Drawing and uttering fraudulent check, draft, or other written order [more than $200, see Section 34-11-90(b)]
Third and subsequent offenses
34-13-90 Penalty for improper borrowing by directors or officers
38-55-170(1) Presenting false claim for payment (insurance companies) (value $1000 or more)
44-23-1150 Sexual intercourse with patient or trainee of state mental health facility
44-52-165 Possession of firearms or
(A)(3) dangerous weapons by patient receiving inpatient services operated by Department of Mental Health
44-52-165 Intentionally allowing patient
(B)(1) receiving inpatient services by Department of Mental Health to possess alcoholic
beverages or controlled substances
44-52-165 Intentionally allowing patient
(B)(2) receiving inpatient services by Department of Mental Health to possess firearms or dangerous weapons
44-53-370 Prohibited Acts A, penalties
(b)(2) (manufacture or possession of other substances in Schedule I, II, III, with intent to distribute)
Second offense
44-53-370 Prohibited Acts A, penalties
(e)(1)(a)1 (trafficking in marijuana, 10 pounds or more, but less than 100 pounds)
44-53-370 Prohibited Acts A, penalties
(e)(2)(a)1 (trafficking in cocaine, 10 grams or more, but less than 28 grams)
44-53-370 Prohibited Acts A, penalties
(e)(4)(a)1 (trafficking in methaqualone, 15 grams or more, but less than 150 grams)
44-53-375(A) Possession of less than one gram of ice, crank, or crack cocaine
Second offense
44-53-440 Distribution of controlled substance under Section 44-53-370(a) and (b) to persons under 18 violation
44-53-445 Distribution, manufacture, or sale of controlled substance within proximity of school (other than crack cocaine)
44-55-1510 Prohibition of discharge of fumes of acids or similar substances
46-1-20(1) Stealing crops from the field (value $1000 or more)
46-1-40(1) Stealing tobacco plants from bed (value $1000 or more)
46-1-60 Making away with produce before
(B)(1) payment (value $1000 or more)
46-1-70 Factors or commission merchants
(B)(1) failing to account for produce (value $1000 or more)
47-19-120 Interference with person
(C)(2) performing official duties under chapter on poultry inspection - use of deadly weapon in commission of violation
49-1-50 Sale of drifted boats, timber,
(C)(1) (lumber), and other property (value $1000 or more)
50-21-112(A) Boating while under the influence of alcohol or drugs when great bodily injury or death results
55-1-30(2) Unlawful removing or damaging of airport facility or equipment when injury results
55-1-40 Unlawful entry of aircraft, damaging or removing equipment
56-5-1030 Interference with traffic-control
(B)(2) devices or railroad sign or signals prohibited - injury results
56-29-30(A) Unlawful to own, operate, or conduct a chop shop or to transport or sell a motor vehicle to a chop shop
58-15-850 Breaking and entering or shooting into cars
(F) The following offenses are Class F felonies and the maximum terms established for a Class F felony, as set forth in Section 16-1-20(A), apply:
7-25-190 Illegal conduct at elections generally
12-7-2750 Failure to pay tax, make return, or supply information or making false returns or statements with intent to evade
12-9-840 Failure to make return, or withhold or remit tax with intent to evade law, false or fraudulent returns or statements
12-21-2716 Unlawful manufacture or sale of slugs to be used in coin operated devices
12-27-50 Penalties for wilful violations of gasoline tax
12-29-610 Penalties for wilful violations of chapter concerning motor fuels other than gasoline
12-31-670 Penalties for wilful violations concerning chapter on road tax on motor carriers
12-45-110 Penalties for certain violations pertaining to county taxes
12-54-40 Wilful attempt to evade or
(b)(6)(a) defeat tax imposed
12-54-40 Failure to collect or
(b)(6)(b) truthfully account for and pay over tax
12-54-40 Wilfully assisting in false or
(b)(6)(f)(2) fraudulent return
16-3-60 Involuntary manslaughter
16-3-1040 Threatening life, person or family of public official
16-5-10 Conspiracy against civil rights
16-5-130(1) Penalties for instigating, aiding or participating in riot - resists enforcement of statute of state or United States, obstruct public officer, carries weapon,etc.
16-9-10 Perjury and subordination of perjury
16-9-30 False swearing before persons authorized to administer oaths
16-9-210 Giving or offering bribes to officers
16-9-230 Acceptance of rebates or extra compensation
16-9-260 Corrupting jurors, arbitrators, umpires, or referees
16-9-270 Acceptance of bribes by jurors, arbitrators, umpires or referees
16-9-340 Intimidation of court officials, jurors, or witnesses
16-11-20 Making, mending or possessing tools or other implements capable of being used in crime
16-11-125 Making false claim or statement in support of claim to obtain insurance benefits for fire or explosion loss
16-11-130 Burning personal property to defraud insurer
16-11-150 Burning lands of another without consent
Second and subsequent offense
16-11-170 Wilfully burning lands of another
16-11-190 Wilfully and maliciously attempts to burn
16-11-313(B) Burglary - third degree
First offense
16-11-510 Malicious injury to animals and
(B)(2) personal property (value over $200, up to $1000)
16-11-520 Malicious injury to real
(B)(2) property (value over $200 up to $1000)
16-11-535 Malicious injury to place of worship
16-11-617 Unlawful to cultivate or attempt to cultivate marijuana on land of another
16-11-910(A) Transfer of recorded sounds for unauthorized use or sale
16-11-930 Illegal distribution of recording without name and address of manufacturer and designation of featured artist [See Section 16-11-940(A)]
16-13-10 Forgery (value over $200, up to
(B)(2) $1000)
16-13-30 Grand larceny (value over
(B)(1) $200, up to $1000)
16-13-40(2) Stealing of bonds and the like (value over $200, up to $1000)
16-13-50(2) Stealing livestock, confiscation of motor vehicle or other chattel (value over $200, up to $1000)
16-13-70 Stealing of vessels and equipment
(B)(2) - payment of damages (value over $200, up to $1000)
16-13-110 Shoplifting (value over $200
(B)(2) up to $1000)
16-13-160 Breaking into motor vehicles or tanks, pumps and other containers where fuel or lubricants are stored
16-13-180(2) Receiving stolen goods (value over $200, up to $1000)
16-13-210(2) Embezzlement of public funds (value over $200, up to $1000)
16-13-230 Breach of trust with
(B)(2) fraudulent intent (value over $200, up to $1000)
16-13-240(2) Obtaining signature or property by false pretenses (value over $200, up to $1000)
16-13-260(2) Obtaining property under false tokens or letters (value over $200, up to $1000)
16-13-420 Failure to return rented
(B)(2) objects, fraudulent appropriation (value over $200, up to $1000)
16-13-425(2) Unlawful failure to return rented video or cassette tape (value over $200, up to $1000)
16-13-430 Fraudulent acquisition or use
(C)(2) of food stamps (value over $200,up to $1000)
16-14-80 Criminally receiving goods and services fraudulently obtained with financial transaction card (value over $500)
16-15-10 Bigamy
16-15-335 Unlawful to hire, employ, use, or permit any person under 18 to do anything violating obscenity statutes
16-15-345 Unlawful to disseminate obscene material to any person under 18 years of age
16-15-385 Dissemination of obscene material to minors is unlawful
16-15-405(D) Sexual exploitation of a minor
Second degree
16-15-410 Sexual exploitation of a minor
Third degree
16-15-425(C) Participation in the prostitution of a minor
16-16-20 Computer Crime Act
(3)(c) Second degree
Second or subsequent offense
16-17-410 Conspiracy
16-17-600(C) Destruction or desecration of human remains or repositories - destroys, tears down, injures fencing, trees, flowers, or shrubs around a repository of human remains (over $200 up to $1000 damage)
16-21-10 Altering, forging, or counterfeiting certificate of title, registration card, or license plate, misrepresentation or concealment in application
16-21-40 Removing or falsifying
(A)(2), identification number of vehicle
(A)(4) or engine and buying, receiving, or selling such vehicle or engine
16-21-80(1) Receiving, possessing,concealing, selling, or disposing of stolen vehicle (value over $200 up to $1000)
16-23-30 Sale or delivery of pistol to and possession by certain persons unlawful, stolen pistols
(See Section 16-23-50)
16-23-410 Pointing firearms at a person
16-23-420 Carrying or displaying firearms in public buildings or adjacent areas
16-23-480 Manufacture or possession of article designed to cause damage by fire or other means
16-23-490 Possession of firearm or knife during commission or attempt to commit violent crime
16-23-520 Use, transportation, manufacture, possession, purchase, or sale of teflon-coated ammunition
16-27-30 Animal fighting or baiting
16-27-40 Presence at facility where animal fighting or baiting is taking place
Third and subsequent offenses
17-15-90(1) Penalties for failure to appear after release for felony
23-31-160 False information or evidence on firearms license application
(See Section 23-31-190)
23-31-190 Penalties, violation concerning regulation of pistols
23-36-170(a) Penalty (violation of South Carolina Explosives Control Act)
First offense
24-1-270 Trespass or loitering on or refusal to leave state correctional properties
24-3-210 Furloughs for qualified inmates of state prison system - failure to return (See Section 24-13-410)
24-13-410 Escaping or attempting to escape
(B)(D) from prison or possessing tools or weapons used to escape, recaptured in state
27-32-120(B) Violation of vacation time sharing plans
Third or subsequent offense
38-9-150 Return of deposited securities (making false affidavit)
38-13-170 Making or aiding in making false statement (Insurance)
38-55-170(2) Presenting false claim for payment (Insurance) (value over $200, up to $1000)
39-22-90 Prohibited acts. State Warehouse
(A)(1)-(4) System [See Section 39-22-90(B)]
39-23-80 Adulterated, misbranded, or new
(B)(2) drugs and devices
Second offense
39-23-80 Adulterated, misbranded, or new
(B)(3) drugs and devices - with intent to defraud or mislead
43-29-41 Abuse of incapacitated persons
43-30-100 Abuse or physical or mental injury to client or patient
44-41-80 Performing or soliciting unlawful abortion
44-53-40(B) Obtaining certain drugs, devices, preparations, or compounds by fraud, deceit, or the like
Second or subsequent offense
44-53-370 Prohibited Acts A, penalties
(b)(2) (manufacture or possession of other substances in Schedule I,II, III with intent to
distribute)
First offense
44-53-370 Prohibited Acts A, penalties
(b)(3) (manufacture or possession of Schedule IV drugs with intent to distribute)
Second or subsequent offenses
44-53-370 Prohibited Acts A, penalties
(d)(1) (possession of narcotic drugs in Schedule I (b),(c), LSD, and Schedule II)
Second, third, or subsequent offenses
44-53-375(A) Possession of less than one gram of ice, crank, or crack cocaine
First offense
44-53-380 Prohibited Acts B, penalties
44-53-390 Prohibited Acts C, penalties
44-53-395 Prohibited acts, penalties (prescription drugs)
Second or subsequent offenses
46-1-20(2) Stealing crops from the field (value over $200 up to $1000)
46-1-40(2) Stealing tobacco plants from bed (value over $200 up to $1000)
46-1-60 Making away with produce before
(B)(2) payment (value over $200 up to $1000)
46-1-70 Factors or commission merchants
(B)(2) failing to account for produce (value over $200 up to $1000)
46-41-30(2) Unlawful to engage in business as dealer without license, (agricultural products)
Second or subsequent offenses
49-1-50 Sale of drifted lumber or timber
(C)(2) (value over $200 up to $1000)
55-1-30(1) Unlawful removing or damaging of airport facility or equipment
56-1-1100 Habitual traffic offenders, violation of free vehicle registration for disabled veterans
56-5-1030 Interference with
(B)(1) traffic-control devices or railroad sign or signals
56-5-2910 Reckless homicide
56-5-2930 Driving under influence of liquor, drugs, or like substances unlawful [See Section 56-5-2940(4)]
Fourth or subsequent offenses
56-29-30(B) Unlawful to alter, counterfeit, deface, destroy, disguise, etc. a vehicle identification number
56-29-30 Unlawful to buy, dispose, sell,
(C)(1) transfer, or possess a motor vehicle or part with tampered identification number
56-29-30(D) Attempt to violate Motor Vehicle Chop Shop, Stolen, and Altered Property Act
56-29-30(E) Conspiracy to violate Motor Vehicle Chop Shop, Stolen, and Altered Property Act
57-1-60 Bribery of state highway commissioners and employees
58-13-740 Violation of provisions concerning transportation of explosive compounds
58-15-820 Wilful obstruction of railroad or electric railway
58-17-4100 Shooting or throwing missile at trains
59-102-20 Failure of athlete agent to register
59-102-30(B) Failure of athlete agent to notify university of contract
59-102-30(H) Postdating of agent's contract by agent prohibited
Section 16-1-100. (A) The following offenses are Class A misdemeanors and the maximum terms established for a Class A misdemeanor, as set forth in Section 16-1-20(A), apply:
4-11-130 Disbursing officers may not exceed or transfer appropriations
4-17-70 Wilful injury to courthouse or jail
5-21-30 Municipal officers prohibited from contracting with municipality
5-21-40 Officers required to account to municipality for interest collected on deposits
6-7-800 Enforcement of zoning ordinance or resolution
6-7-1080 Penalties for transferring lots in unapproved subdivision
6-7-1110 Authorization for and changing of street names
7-13-1920 Tampering with voting machine
7-25-10 False swearing in applying for registration (election laws)
7-25-60 Procuring or offering to procure votes by bribery
7-25-70 Procuring or offering to procure votes by threats
7-25-110 Voting more than once at elections
7-25-120 Impersonating a voter
7-25-160 Wilful neglect or corrupt conduct on the part of managers
7-25-170 Wilful neglect or corrupt conduct by officers other than managers
8-11-30 Payment or receipt of salary not due to state officers or employees
9-1-1160(A) Collection of members contribution, failure to make payroll reports and remittances (State Retirement System)
10-11-360 Violation of article concerning offenses on capitol grounds and in capitol building
11-1-20 Failure to account for interest on deposit of public funds
11-1-40 Contracts in excess of tax or appropriation, diverting public funds
11-9-20 Disbursing officers exceeding or transferring appropriations
12-1-90 Illegally holding certain offices, neglect of or refusal to perform duties, failure to turn over papers or settle accounts, penalties
12-2-70 Neglect or misconduct of county auditor or treasurer
12-54-40 Wilfully removing or concealing
(b)(6)(f)(3) goods for which any tax is to be imposed
12-54-40 Failure of tax preparer to pay
(f)(4) over money to commission for another after received
16-3-730 Publishing name of victim of criminal sexual conduct unlawful
16-5-40 Duty of officers to execute warrants
16-7-160(A) Illegal use of stink bombs or other devices containing foul or offensive odors
16-7-170 Entering public buildings for purpose of destroying records or other property
16-11-30 Possession of master keys and nonowner key sets while engaged in crime
16-11-140 Burning of crops and other kinds of personal property
16-11-560 Burning, cutting untenanted or unfinished buildings
16-11-570 Injury or destruction of building or crops by tenant
16-13-150 Purse snatching (not grand larceny, robbery or privily stealing)
16-13-385(B) Altering, tampering with or bypassing electric, gas or water meters
Second or subsequent offenses
16-14-20 Financial transaction card theft
16-14-40 Financial transaction card forgery
16-14-60 Financial transaction card
(a)(b) fraud if the value exceeds $500 [except Section 16-14-60 (a)(2)d.]
16-14-60(g) Financial transaction card fraud - presenting transaction record for payment when sale not made
16-14-70 Criminal possession of financial transaction card forgery devices
16-15-90 Prostitution [See Section 16-15-110(3)]
Third or subsequent offenses
16-15-100 Prostitution; further acts [See Section 16-15-110(3)]
Third or subsequent offenses
16-15-130 Indecent exposure
16-15-250 Communicating obscene messages (nontelephonic)
16-16-20(c) Computer Crime Act - second degree
First offense
16-17-470 Eavesdropping or peeping
16-17-490 Contributing to the delinquency of a minor
16-17-495 Transporting child under 16 years of age outside state with intent to violate a custody order
16-21-60(A) Use of vehicle without permission (intent to deprive)
16-23-465 Additional penalty for unlawfully carrying pistol or firearm on premises of business selling alcoholic liquors, beers or wines for on premises consumption
16-23-470 Illegal possession of teargas or ammunition for teargas
16-25-40 Criminal domestic violence Third and subsequent convictions
17-7-510 Burying body without notice or inquiry
17-15-150 Penalty for failure of prosecutor or witness to appear
22-5-120 Arrests for crime committed in magistrate's presence (refusal to aid)
22-9-140 Penalty for failing to execute process of magistrate's court
23-1-20 Peace officers may not be employed on contingent basis
25-7-20 Obtaining or giving information respecting national or state defense
29-1-30 Wilful sale of property on which lien exists
35-1-1590 Violations of Uniform Securities Act
35-2-100 Penalties. Take Over Bid Disclosure Act
37-13-50 Regulation of subleasing and loan assumption of a motor vehicle
38-7-140 Failure to pay money due or to supply information required
38-13-140 Refusal to exhibit records, false statements (Insurance)
38-25-330 Violation of chapter on unauthorized transaction of insurance business
38-37-930 False representations punishable fraternal benefit associations
38-37-1650 Violation of article concerning fraternal benefit associations (Insurance)
38-43-190 Fraud regarding payment of insurance premium
38-55-80 Loans to directors or officers (Insurance)
38-55-150 Accepting premiums or assessments in insolvent company (Insurance)
38-55-160 Insuring uninsurable persons with intent to defraud
38-59-50 Payment or settlement of benefits in merchandise or service prohibited (Insurance)
39-15-170 Illegal to sell mark or name used to advertise contents of food products
39-15-750 Destruction of brand or removal or transfer of timber
40-5-320 Practice of law by corporations and voluntary associations unlawful
40-5-350 Soliciting legal business unlawful
40-5-360 Splitting fees with laymen unlawful
40-6-170(3) Violation of chapter concerning auctioneers
Third and subsequent offenses
40-11-300 Receiving bid from unlicensed person
40-54-80 Violations of chapter concerning dealers in precious metals
Third or subsequent offenses
43-5-40 Unlawful publication or other use of records
43-33-40 Unlawful interference with rights of blind or other physically disabled person
44-31-360 Violation of article concerning tuberculosis prisoners and inmates of institutions
44-53-370 Prohibited Acts A, penalties
(b)(3) (Schedule IV drugs)
First offense
44-79-120 Violation of chapter concerning Physical Fitness Services Act
45-9-90 Equal enjoyment and privileges to public accommodations
46-17-460 Violation of chapter concerning agricultural commodities marketing
46-19-270 Displaying sign showing Department of Agriculture approval prior to approval
46-25-80 Violations of chapter concerning fertilizer law
46-41-30(1) Unlawful to engage in business as dealer without license, penalties for violation (agricultural products)
First offense
47-19-120 Interference with person
(C)(1) performing official duties under chapter on poultry inspection
47-21-80(A) Penalty for violation of Farm Animal and Research Facilities Protection Act
48-27-250 Violation of chapter concerning registration of foresters
48-49-60(a) Violations of chapter concerning SC Mountain Ridge Protection Act
50-13-350 Unlawful to fish or trespass in private artificial ponds used to breed fish or oysters
50-13-1460 Use of explosives to take fish
50-13-1470 Failure to report use of explosives to take fish
50-21-710 Placing of aids to navigation and regulatory markers
54-1-40 Criminal liability for unskillful or negligent management of steam boat
56-1-460(3) Driving while license canceled, suspended, or revoked
Third and subsequent offenses
56-5-750 Failure to stop motor vehicle when signaled by law enforcement vehicle
56-5-2930 Unlawful for persons to drive under influence of liquor, drugs, or like substances [See Section 56-5-2940(3)]
Third offense
58-17-4040 Gross carelessness or negligence in the operation of a train
58-23-920 Insurance required of owners of motor vehicles transporting goods for hire
Second and subsequent offenses
59-25-250(A) Revocation or suspension of certificate powers and duties of Court of Common Pleas, warrant for production of witnesses
59-41-80 Violation of chapter concerning grants to private school pupils
59-63-450 No child may be counted in enrollment more than once
61-13-400 Possession of firearm during unlawful manufacture, sale, or transport of liquor
61-13-810 Sale of beverages containing alcohol and resembling vegetable, fruit, or soft drinks
(B) The following offenses are Class B misdemeanors and the maximum terms established for a Class B misdemeanor, as set forth in Section 16-1-20(A), apply:
12-21-2540 Use of altered or counterfeit tickets or reuse of tickets
12-21-2714 Use of slug or any false coin to operate automatic vending machine or other machine requiring coin for operation
12-21-3070 Improper use, alteration or reuse of stamps and for failure to pay tax, make any report on, or submit required information
12-27-1120 Certificates of manufacture, records of sales, and imports of fuel oil or tractor fuel
14-7-380 Jury commissioners guilty of fraud
16-3-410 Sending or accepting challenge to fight (with a deadly weapon)
16-3-420 Carrying or delivering challenge, serving as second
16-5-130 Instigating, aiding, or (2), (3) participating in riot
16-9-410 Aiding escapes from prison, for
(C)(2) prisoners charged with noncapital offenses
16-9-420 Aiding escape from custody of officers
16-11-555 Use of fake bomb unlawful
16-11-580 Cutting, removing, or transporting timber, logs, or lumber without permission, (value more than $50, fine not paid)
16-11-910 Transfer of recorded sounds for unauthorized use or sale [See Section 16-11-920(B)]
First offense
16-11-930 Illegal distribution of recordings without name and address of manufacturer and designation of featured artist [See Section 16-11-940(B)]
16-16-20(4) Computer Crime Act, third degree
Second or subsequent offense
16-17-510 Enticing enrolled child from attendance in public school
16-17-560 Assault or intimidation on account of political opinions or exercise of civil rights
16-17-610 Soliciting emigrants without licenses
20-7-2660 Unlawful claim for payment for services (Subarticle 9, Article 13, Chapter 7, Title 20, interstate compact for adoption and medical assistance)
23-17-110 Purchases by sheriff or deputy at sheriff's sale
23-31-370 False statement to obtain special license
23-35-130 Manufacture, storage, transportation, or possession of certain fireworks illegal
23-41-60 Violation of arson reporting immunity act
25-1-150 Unauthorized wearing of military insignia
25-1-2180 Assault upon military personnel
25-7-60 Conspiracy (treason or sabotage during war)
25-7-80 Concealing or harboring violator of chapter on treason; sabotage
27-29-150 Violating provisions of Uniform Land Sales Practice Act
30-15-50 Forgery of discharge (veterans)
31-17-520 License for travel trailer
(2)(c) dealer
Third and subsequent offenses
32-1-290 Making or assisting in making contracts when actual delivery not contemplated, or operating bucket shop
34-11-60 Drawing and uttering fraudulent check, draft, or other written order with intent to defraud [See Section 34-11-90(b)]
38-2-20 Violation of Title 38 on insurance
38-2-30 Acting without license required by Title 38 on insurance
38-21-340 Criminal prosecutions (Insurance Holding Company Regulatory Act)
38-43-240 Other offenses by insurance agent
38-47-60 Adjuster acting for unauthorized company (See Section 38-2-20)
39-23-80 Prohibited acts (concerning
(B)(1) adulterated, misbranded, or new drugs and devices)
First offense
39-25-50(a) Penalties, effect of guaranty from supplier or article, liability of advertising media
Second or subsequent offense
39-33-1320 Violation concerning butterfat content and weight of milk Second and subsequent offenses
39-55-185 Merchandise trust fund (cemeteries)
39-55-265 Violation of chapter concerning cemeteries
40-15-210 Violations of chapter concerning dentistry
40-43-140 Unlawful use of titles, declarations, and signs unlawful dispensing, compounding, and sale of drugs (pharmacists)
40-43-190 Violating restrictions on delivery of prescription drugs (pharmacists)
40-45-220 Treatment must be upon prescription of physician or dentist, practice of other branches of healing not authorized, supervision of physical therapist assistants (physicians)
40-47-260 Unlawfully practicing medicine or osteopathy
44-41-80(b) Performing or soliciting unlawful abortion, testimony of woman may be compelled
44-53-40(B) Obtaining certain drugs, devices, preparations, or compounds by fraud, deceit, or the like
First offense
44-53-370 Prohibited Acts A, penalties
(b)(4) (possession of Schedule V drugs)
Second and subsequent offenses
44-53-370 Prohibited Acts A, penalties
(d)(1) [possession of controlled substances in Schedules I (b),(c), II, and LSD]
First offense
44-53-395 Prohibited acts, penalties (prescription drugs)
First offense
44-56-130 Unlawful acts (Hazardous Waste Management Act) (See Section 44-56-140)
Second or subsequent offense
44-63-161 Violation concerning vital statistics
44-96-450(B) Wilful violation of Solid Waste Act - Second or subsequent offenses
46-33-60 Penalty on out-of-state shippers
48-1-90 Causing or permitting pollution of environment prohibited (See Section 48-1-320)
48-1-320 Violation (Pollution Control Act)
48-1-340 False statement, representations or certifications, falsifying, tampering with or rendering inaccurate monitoring devices or methods
48-27-230 Endorsement of documents by registrants, illegal endorsements
48-43-550(f) Regulations as to removal of discharges of pollutants
49-1-20 Permitting logs and the like to obstruct or interfere with navigation of rivers or harbors
50-11-430 Illegal taking of bears and bear parts
50-13-1440 Using explosives to take fish unlawful
Third offense
51-3-150 Trespass upon state park property
52-7-150 Violation of article concerning State Athletic Commissions
54-7-530 Violation of provisions regarding search and salvage licenses
56-5-5030 Devices to emit smoke screen, noisome gases or odors prohibited
56-5-5390 Manufacture, use, or transfer
(d)(4) of limitation or counterfeit certificate of inspection
Fourth and subsequent offenses
56-15-310 Licenses, motor vehicle dealer
(2)(c) or wholesaler
Third or subsequent offense
56-16-140 License for dealer or
(2)(c) wholesaler (motorcycles)
Third or subsequent offenses
58-13-10 Opening or injuring package, parcel or baggage by employee of carrier unlawful
58-15-840 Taking or removing brasses, bearings, waste, or packing from railroad cars
58-15-860 Injuring or destroying electric signals or other structures or mechanisms
61-13-210 Unlawful manufacture, sale, possession, use, or transportation of alcoholic liquors [See Section 61-13-430 (3)(c)]
Third or subsequent offenses
61-13-220 Unlawful storage or transportation of alcoholic liquors [See Section 61-13-430 (3)(c)]
Third or subsequent offenses
61-13-230 Transportation in taxi or other vehicle for hire is unlawful [See Section 61-13-430(3)(c)]
Third or subsequent offenses
61-13-240 Assisting in unlawful transportation [See Section 61-13-430(3)(c)]
Third or subsequent offenses
61-13-260 Unlawful storage or possession of alcoholic liquors [See Section 61-13-430(3)(c)]
Third or subsequent offenses
61-13-300 Unlawful to manufacture, transfer, or possess distillery or integral part [See Section 61-13-430(3)(c)]
Third or subsequent offenses
61-13-310 Allowing distillery apparatus on premises is unlawful [See Section 61-13-430(3)(c)]
Third offense or subsequent offenses
61-13-320 Making, possessing, or permitting mash or similar materials upon premises is unlawful [See Section 61-13-430(3)(c)]
Third or subsequent offenses
61-13-330 Persons present at distillery guilty of unlawful manufacturing [See Section 61-13-430(3)(c)]
Third or subsequent offenses
61-13-370 Sale of liquors from vehicles, vessels or aircraft is unlawful [See Section 61-13-430(3)(c)]
Third or subsequent offenses
61-13-380 Unlawful sales during certain days or period [See Section 61-13-430(3)(c)]
Third or subsequent offenses
61-13-390 Unlawful advertisements of any alcoholic liquors [See Section 61-13-430(3)(c)]
Third or subsequent offenses
(C) The following offenses are Class C misdemeanors and the maximum terms established for a Class C misdemeanor, as set forth in Section 16-1-20(A), apply:
1-7-400 Circuit solicitors disabled by intoxicants
2-15-120 Confidentiality of records (Legislative Audit Council) penalty for violations
2-17-130 Penalties for violations of lobbyist chapter
2-17-140 Penalties for filing groundless complaint
7-25-20 Fraudulent registration or voting
7-25-100 Allowing ballot to be seen, removing ballot from voting place, improper assistance
7-25-200 Unlawful to pay a candidate to file or withdraw from candidacy
8-1-30 Knowingly allowing false claims by witnesses or jurors of mileage traveled
8-1-80 Misconduct in office, habitual negligence and the like
8-9-10 Delivery by officer of books and papers to successor (public officers/employees)
8-9-30 Delivery by officer of moneys on hand to successor
8-13-320 Penalty for wilful filing of
(9)(c) groundless complaint with Ethics Commission
8-13-320 Penalty for wilful release of
(10)(g) confidential information relating to ethics investigation
8-13-540(1) Penalty for wilful filing of groundless complaint with Senate or House Ethics Committee
8-13-1520 Penalty for violation of ethics chapter
9-1-40 Penalties for making false statement or record (South Carolina Retirement System)
9-8-220 Penalty for false statements or falsification of records (Judges' and Solicitors' Retirement System)
9-9-210 False statements and falsification of records (General Assembly Retirement System)
9-11-320 False statements and falsification of records (Police Officers' Retirement System)
10-9-260 Interfering with state, board or licensees, mining without license
11-15-90 Failure to make payment or remit funds for payment of obligations
11-15-290 Public officer failure to make investments in accordance with article
12-4-350 Disclosing tax return information (by data processing service who contracts with Tax Commission)
12-7-1680 Secrecy of reports and returns, violations (income tax)
12-9-670 Secrecy of matters set forth in reports or returns (withholding taxes)
12-21-1880 Exemption of natural fruit or vegetable juice or natural liquid milk drinks (violations)
(See Section 12-21-1930)
12-21-1900 Exemption under Section 12-21-1880, registration (violations)
12-21-1910 Exemption under Section 12-21-1880 when products subject to taxes and confiscation (violations)
(See Section 12-21-1930)
12-21-1920 Exemption under Section 12-21-1880 disclosure of information pertaining to such drinks (See Section 12-21-1930)
12-21-2710 Unlawful coin-operated machines and devices and other amusements
12-21-2830 Record required of gross receipts, record subject to inspection, violations
12-29-630 Making false statement to secure refund or avoid tax
12-31-650 False statements (receipt for sale of fuel relating to road tax)
12-45-130 Fraudulent removal of personal property from county to avoid payment of taxes
12-54-40 Failure to pay estimated tax,
(b)(6)(c) make return, keep records, or supply information
12-54-40 Wilfully furnishing false
(b)(6)(d) statement
12-54-40 Wilfully furnishing false
(b)(6)(e) information to employer
12-54-40 Delivery of false or fraudulent
(b)(6)(f)(5) document
12-54-240 Disclosure of records of and reports and returns filed with the Tax Commission by employees and agents of the Commission and State Auditor's Office prohibited
13-7-80 Violation of provisions concerning nuclear energy
14-7-1720 Penalty for disclosing State Grand Jury information
14-17-580 Clerk if responsible for books, papers, and other property
14-23-680 Judge responsible for books, papers, and property of office
15-50-80(b) Penalties, violation of Sections 50-15-40(c) or 50-15-50(d), (e)
16-3-530 Penalties, hazing
16-3-610 Assault with concealed weapon
16-3-1340 Victims compensation fund, soliciting employment to pursue claim or award
16-5-50 Penalty for hindering officers or rescuing prisoners
16-7-110 Wearing masks and the like (See Section 16-7-140)
16-7-120 Placing burning or flaming cross in public place (See Section 16-7-140)
16-7-150 Slander and libel
16-9-320(A) Opposing or resisting law enforcement officer serving process
16-9-370(a) Taking money or reward to compound or conceal offense
16-11-150(a) Burning lands of another without consent
First offense
16-11-180 Negligently allowing fire to spread to lands or property of another
Second or subsequent offense
16-11-700(E) Littering (exceeding 500 lbs. or 100 cu. ft. in volume)
16-11-730 Malicious injury to or interference with microwave, radio or television facilities; unauthorized use of such facilities
16-11-750 Unlawful injury or interference with electric lines
16-11-820 Theft of cable television service unlawful use without payment (See Section 16-11-855)
Second and subsequent offense
16-11-825 Theft of cable television - unauthorized connection or use of devise to cable television system (See Section 16-11-855)
Second and subsequent offenses
16-11-830 Theft of cable television service - aid, abet, or attempt (See Section 16-11-855)
Second and subsequent offenses
16-11-835 Advertisement or sale of instrument designed to avoid payment for cable services (See Section 16-11-855)
Second and subsequent offenses
16-11-840 Unauthorized devise to decode or descramble cable television signal (See Section 16-11-855)
Second and subsequent offenses
16-11-845 Use, sale, or installation of a converter or similar device for unauthorized reception of cable signals (See Section 16-11-855)
Second and subsequent offenses
16-11-910 Transfer of recorded sounds for unauthorized use or sale under items (2) and (3) [See Section 16-11-920(D)]
16-11-930 Illegal distribution of recordings without name and address of manufacturer and designation of feature artist [See Section 16-11-940(D)]
16-13-15 Falsifying or altering transcript or diploma, fraudulent use of falsified or altered transcript or diploma penalty
16-13-300 Fraudulent removal or secreting of personal property attached or levied on
16-13-400 Avoiding or attempting to avoid payment of telecommunications
16-13-410(1) Making or possessing device, plans or instruction which can be used to violate Section 16-3-400
16-14-60 Financial transaction card (value is $500 or less in six months period)
16-14-80 Criminally receiving goods and services fraudulently obtained
16-15-325 Participation in preparation ofobscene material prohibited
16-17-310 Imitation of organizations names, emblems, and the like
16-17-500 Supply minors with tobacco or cigarettes
16-17-520 Disturbance of religious worship
16-17-540 Bribery with respect to agents, servants or employees
16-17-680 Unlawful purchase or transportation of copper wire or copper pipe
16-17-700 Tattooing
16-17-720 Impersonating law enforcement officer
16-19-10 Setting up lotteries
16-19-40 Unlawful games and betting
16-21-60(B) Use of vehicle without permission (Temporary purpose only)
16-23-20 Unlawful carrying of pistol
[See Section 16-23-50(A)(2)]
16-23-430 Carrying weapons on school property
16-23-450 Placing loaded trap gun, spring gun or like device
16-27-40 Penalty (Animal Fighting or Baiting Act)
Second offense
17-15-90(2) Penalties for failure to appear after release for a misdemeanor
17-29-20 Installation of pen register or tap and trace device
20-3-210 Unlawful advertising for purpose of procuring divorce (See Section 20-3-220)
20-7-90 Obligation to support spouse and children
20-7-1350 Violations by adults (Children's Code)
20-7-2290 Violations of subarticle concerning child welfare agencies
22-9-170 Oppression in office or other misconduct, punishment
23-17-40 Liability of sheriff for official misconduct for remaining in contempt after attachment
23-19-130 Penalties for failure to pay over moneys (by sheriff)
23-35-140 Issuance of rules and regulations concerning permissible fireworks
Third offense
[See Section 23-35-150(3)]
23-35-150(3) Violation concerning fireworks and explosives
Third and subsequent offenses
23-37-50 Violations concerning safety glazing materials
23-39-40 Prohibited acts (Hazardous Waste Management Act)
Second and subsequent offenses
[See Section 23-39-50(a)]
24-3-410 Sale of prison-made products on open market generally prohibited
24-3-420 Violations of article governing prison industries other than Section 24-3-410
24-5-90 Discrimination in treatment of prisoners unlawful
25-1-440 Fraudulent or wilful
(c)(1) misstatement of fact in application for financial federal disaster assistance
25-1-1420 Unlawful purchase or receipt of military property
25-15-20 Improper use of Confederate Crosses of Honor
29-7-20(1) Failure to pay laborers and others, and for falsely certifying that payment has been made
33-55-160(4) Cancellation, suspension, or refusal of registration, sanctions for violations of chapter on charitable organizations
Second and subsequent offenses
34-1-120 Penalties for obstructing commissioner of banking
34-3-70 False statements concerning solvency of bank
34-3-90 Penalties (violation of Sections 34-1-60, 34-1-70, 34-3-310, 34-3-320, 34-5-10 to 34-5-80 and 34-5-100 to 34-5-150 regarding banks and banking generally)
34-3-390 Effect of failure to publish report of condition (banks and banking generally)
34-11-30 Receipt of deposits or trusts after knowledge of insolvency (banks and banking generally)
34-11-60 Drawing and uttering fraudulent check, draft, or other written order or stopping payment on check, draft, or order with intent to defraud (more than $200)
First offense
34-19-110 Use of words `safe deposit' or `safety deposit'
34-24-100(a) Penalties and remedies (violations of South Carolina Bank Holding Company Act)
34-28-390 Penalties and remedies (violations concerning savings and loan acquisition and holding companies)
34-28-740 False statement affecting credit or standing of savings association
36-9-319 Sale of secured property without consent
37-5-301 Wilful violations (Consumer Protection Code)
37-5-302 Disclosure violations (Consumer Protection Code)
37-5-303 Fraudulent use of cards (Consumer Protection Code)
38-13-200 Penalty for refusing to be examined under oath (Insurance)
38-27-80(d) Cooperation of officers, owners, and employees (violation) (Insurance)
39-15-460 Unauthorized alteration, change, removal, or obliteration of registered mark or brand (labels and trademarks)
39-15-470 Purchase or receipt of containers marked or branded from other than registered owner
39-15-480 Unauthorized possession of marked or branded containers (trade and commerce)
39-15-490 Effect of refusal to deliver containers to lawful owner (trade and commerce)
39-15-500 Taking or sending containers out of state without consent of owner
39-17-340 Penalties (violation of article concerning grading of watermelons)
39-19-60 Penalty for disposal of stored cotton without consent of owner
39-22-90 Prohibited acts. State Warehouse
(A)(5)-(7) System [See Section 39-22-90(B)]
39-41-570 Penalties (violation of article concerning deception in sale of liquid fuels, lubricating oils and greases)
39-43-40 License required of those engaged in handling liquified petroleum gases and appliances
39-43-70 Sales for resale must be made only to licensees (liquified petroleum gases) (See Section 39-43-170)
39-43-170 Penalties (for failure to obtain license) (liquified petroleum gases)
40-6-170(2) Penalties (violation of chapter concerning auctioneers
Second offense
40-17-170 Penalties (violation of chapter concerning detective and private security agencies)
40-29-250 Penalties (violation of chapter concerning manufactured housing)
40-30-90 Penalties (violation of chapter concerning masseurs and masseuses)
40-31-20 Penalties (violation of chapter concerning naturopathy)
40-41-60 License required for erection of lightening rods
40-41-220 Encamping and trading in animals or commodities by nomadic individuals without license unlawful
40-51-220 Penalties (violation of chapter on podiatry)
40-54-80 Violations of chapter concerning dealers in precious metals
Second offense
40-79-130 Penalty (violation of South Carolina Regulation of Burglar Alarm System Businesses Act)
41-1-60 Certain transactions between carriers or shippers and labor organizations prohibited, penalties
41-15-50 Light at entrance to elevator shafts required when elevator is in operation
41-15-320(e) Penalties (wilfully violating safety or health rule or regulation)
Subsequent offense
41-25-30 Private personnel placement services applications and licensing (violations) (See Section 41-25-90)
41-25-40 Private personnel placement services; duties of licensees (See Section 41-25-90)
41-25-50 Prohibited activities or conduct of personnel agencies (See Section 41-25-90)
41-25-60 Advertisements in South Carolina of firms located outside its jurisdiction (See Section 41-25-90)
41-25-70 Prohibited activities or conduct of employers or person seeking employment (private personnel agencies) (See Section 41-25-90)
41-25-80 Confidentiality of record and files (private personnel agencies) (See Section 41-25-90)
42-15-90 Fees of attorneys and physicians and hospital charges must be approved by commission
43-5-25 Wilful use of payment for purpose not in best interest of child, protective payee
43-5-950 Violations of article concerning women, infants, and children supplemental food program
44-17-860 Unlawful taking of person from mental health facility without permission
44-22-100(C) Unlawful to disclose records of mental health patient or former patient
44-22-220(C) Unlawful to wilfully deny a patient his rights afforded him under chapter
44-23-240 Causing unwarranted confinement (mentally ill)
44-23-1070 Wilful denial of patient's rights (mentally ill)
44-24-210 Unlawful without prior authorization to take child from grounds of inpatient facility
44-53-50(E) Sale of cleaning agents containing phosphates prohibited
44-53-370 Prohibited Acts A, penalties
(b)(4) (manufacture or possession of Schedule V drugs with intent to distribute)
First offense
44-53-370 Prohibited Acts A, penalties
(d)(2) (possession of other controlled substances in Schedules I through V)
Second and subsequent offense
44-53-370 Prohibited Acts A, penalties
(d)(3) [possession of 28 grams (1 oz.) or less of marijuana or 10 grams or less of hashish]
Second and subsequent offense
44-53-445 Purchase of controlled substance including crack cocaine within proximity of school
44-53-590 Penalty for use of property in manner which makes it subject to forfeiture (as provided in Sections 44-53-520 and 44-53-530)
44-55-80 Unlawful acts (violation of State Safe Water Drinking Act) [See Section 44-55-90(a)]
44-56-130 Unlawful acts (Hazardous Waste Management Act) (See Section 44-56-140 C.)
First offense
44-96-450(B) Wilful violation of Solid Waste Act - First offense
45-9-85 Violation of confidentiality of Section 45-9-60 (Equal enjoyment and privileges to public accommodations, complaints, hearings, etc.)
46-1-50 Firing turpentine farms
46-10-100 Penalties (violation of article concerning boll weevil eradication)
46-23-80 Penalty (violation of South Carolina Noxious Weed Act)
46-41-170(1) Penalty (violation of chapter concerning dealers and handlers of agriculture products)
Second or subsequent offense
47-9-10 Marking, branding, or disfiguring large animals of another
Second or subsequent offense
47-9-30 Use of horse, mare, or mule without permission
47-9-410 Violations (article concerning livestock generally)
47-17-60 Prohibited acts (meat and meat food, Regulations and Inspection Law) [See Section 47-17-100(a)]
47-17-70 Slaughtering or processing except in compliance with article prohibited (meat and meat food, Regulations and Inspection Law) [See Section 47-17-100(a)]
47-17-80 Records (meat and meat food, Regulations and Inspection Law) [See Section 47-17-100(a)]
47-19-120(a) Interference with person performing official duties under chapter concerning Poultry Products Inspection Law (Violation of Sections 47-19-70 through 47-19-110)
47-21-80(B) Penalty for violation of Farm Animal and Research Facilities Protection Act (violation of Section 47-21-60)
48-39-170(A) Penalties (violation of chapter concerning coastal tidelands and wetlands)
Second or subsequent offense
50-1-136 Penalties for conspiracy (violation of provisions of Title 50 relating to fish, game, and watercraft)
50-9-1100 Penalties (hunting or fishing with suspended license)
50-11-710 Night hunting prohibited
First offense and any subsequent offense within two years of previous offense
50-11-1760 Unlawful to bring or release coyotes in state
50-13-1410 Unlawful to pollute waters so as to injure fish and shellfish
50-13-1440 Using explosives to take fish unlawful Second offense
50-15-80(e) Penalties (violation of Section 50-15-30 pertaining to possession, storage, transportation, exportation processing, or sale of any American alligator)
50-18-200 Penalties for violation of Chapter relating to hybrid striped bass
50-23-200 Forged or altered certificates or serial numbers, false names and addresses; stolen property (watercraft) [See Section 50-23-280(b)]
52-5-10 Race horses must not be entered under assumed names or out of proper class
52-5-40 Misrepresenting or concealing former performance of race horse
54-7-810 Violation of Underwater
(C)(1) Antiquities Act
55-1-100 Unlawful to operate or act as a flight crew member of aircraft while under the influence of alcohol or drugs
55-8-140(c) Penalty (violation of Uniform Aircraft Financial Responsibility Act)
56-5-1210 Duties of driver involved in accident in death or personal injury
56-5-2930 Unlawful for narcotic users or persons under influence of liquor, drugs or like substances to drive [See Section 56-5-2940(2)]
Second offense
56-19-240 Application for certificate, form and contents (vehicle title)
56-19-480 Transfer and surrender of certificates, license plates, registration cards and manufacturers serial plates of vehicles sold as salvage, abandoned, scrapped, or destroyed
Second and subsequent offenses
58-15-870 Injuring railroad or electric railway generally
58-15-1110 Violation by Railroads of Interstate Commerce Act
58-17-2760 Criminal penalty on individuals for violation of transportation of freight
58-17-4030 Injury due to negligence or carelessness of general railroad law
58-17-4050 Injury due to wilful violation of general railroad law
58-23-920 Insurance required of owners of motor vehicles transporting goods for hire
First offense
59-5-130 Members shall not contract with State Board of Education
59-69-260 Officials shall not acquire interest in claims or contracts (school funds)
59-102-30(A) Failure of student athlete to notify university of contract with athletic agent
59-102-30(H) Postdating of agent's contract by student athlete
61-9-1250 Operating brewery or winery without valid permit
61-13-50 Violation of injunction or restraining order concerning alcohol liquors
61-13-210 Unlawful manufacture, sale, possession, use, or transportation of alcoholic liquors [See Section 61-13-430(3)(b)]
Second offense
61-13-220 Unlawful storage or transportation of alcoholic liquors [See Section 61-13-430(3)(b)]
Second offense
61-13-230 Transportation in taxi or other vehicle for hire is unlawful [See Section 61-13-430(3)(b)]
Second offense
61-13-240 Assisting in unlawful transportation [See Section 61-13-430(3)(b)]
Second offense
61-13-260 Unlawful storage or possession of alcoholic liquors [See Section 61-13-430(2)(b)]
Second offense
61-13-300 Unlawful to manufacture, transfer, or possession of distillery or integral part [See Section 61-13-430(3)(b)]
Second offense
61-13-310 Allowing distillery apparatus on premises is unlawful [See Section 61-13-430(3)(b)]
Second offense
61-13-320 Making, possessing, or permitting mash or similar materials upon premises unlawful [See Section 61-13-430(3)(b)]
Second offense
61-13-330 Persons present at distillery guilty of unlawful manufacturing [See Section 61-13-430(3)(b)]
Second offense
61-13-370 Sale of liquors from vehicles, vessels or aircraft is unlawful [See Section 61-13-430(3)(b)]
Second offense
61-13-380 Unlawful sales during certain days or period [See Section 61-13-430(2)(b)]
Second offense
61-13-390 Unlawful advertisements of any alcoholic liquors [See Section 61-13-430(2)(b)]
Second offense
61-13-420 Rescuing liquors from officer
61-13-860 Interference with and abusive language by officers concerning alcoholic beverage forbidden
Section 16-1-110. A felony or misdemeanor provided by statute or in common law which is not assigned a classification pursuant to Section 16-1-90 or 16-1-100 must be punished as provided before enactment of the classification system.
Section 16-11-325. The common law offense of robbery is a felony. Upon conviction, a person must be imprisoned not more than fifteen years."
SECTION 9. Section 7-25-50 of the 1976 Code is amended to read:
"Section 7-25-50. If It is unlawful for a person to procure, by the payment, delivery, or promise of money or other article of value, another to vote for or against any particular candidate or measure at any election held within this State, whether general, special, or primary, for members of the Congress of the United States, members of the General Assembly of this State, sheriff, clerk, judge of probate or other county officer, mayor, and aldermen of any city or intendant and wardens of any incorporated town, or at any other election held within this State,. any person shall procure, by the payment, delivery, or promise of money or other article of value, procure another to vote for or against any particular candidate or measure, the It is also unlawful for a person to accept such procurements. The person so promising and the person so voting shall are each be guilty of a misdemeanor and, upon conviction thereof, shall, for the first offense, must be fined in any sum not less than one hundred dollars nor more than five hundred dollars and imprisoned for any period of time not less than one month nor more than six months., and, Conviction for the second offense, shall be is a felony and the person must be fined in any sum not less than five hundred dollars nor more than five thousand dollars and imprisoned for any period of time not less than three months nor more than twelve months ten years."
SECTION 10. Section 7-25-80 of the 1976 Code is amended to read:
"Section 7-25-80. If any A person shall who, at any of the elections, general, special, or primary, in any city, town, ward, or polling precinct, threaten, mistreat or abuse any threatens, mistreats, or abuses a voter with a view to control or intimidate him in the free exercise of his right of suffrage, such offender shall is guilty of a felony and, upon conviction, thereof suffer fine and imprisonment, at the discretion of the court must be fined in the discretion of the court or imprisoned not more than ten years, or both."
SECTION 11. Section 7-25-190 of the 1976 Code is amended to read:
"Section 7-25-190. Every A person who shall vote votes at any general, special, or primary election who is not entitled to vote, and every person or who shall by force, intimidation, deception, fraud, bribery, or undue influence obtain, procure or control obtains, procures, or controls the vote of any voter to be cast for any candidate or measure other than as intended or desired by such voter, or who shall violate violates any of the provisions of this title in regard to general, special, or primary elections is guilty of a felony. Upon conviction, the person shall must be punished by a fine of fined not less than one hundred nor more than one thousand dollars or by imprisonment in jail for imprisoned not less than three months nor more than twelve months five years, or both, in the discretion of the court."
SECTION 12. Section 8-1-20 of the 1976 Code is amended to read:
"Section 8-1-20. Any A state or county officer who shall receive or collect any receives or collects a rebate, commission, or discount from any a person upon the purchase of any books or any other property or supplies or from printing or advertising, whether for use of the State or a county, and shall fail or refuse fails or refuses to pay such rebate, commission or discount it to the proper state or county authorities authority at the time of receiving it shall be deemed is guilty of a misdemeanor felony and, upon conviction, shall must be punished by a fine or imprisonment, fined in the discretion of the court or imprisoned not more than ten years in the discretion of the court, and shall also. A person convicted under this section must forfeit his office."
SECTION 13. Section 12-7-2750 of the 1976 Code is amended to read:
"Section 12-7-2750. Any A person, or any officer or employee of any a corporation, or any a member or employee of any a partnership, who, with intent to evade any a requirement of this chapter, or any lawful requirement of the commission under the provisions of this chapter, shall fail fails to pay any a tax, to make, sign, or verify any a return, or to supply any required information required by or under the provisions of this chapter, or who with like intent shall make, render, sign, or verify any makes, renders, signs, or verifies a false or fraudulent return or statement, or shall supply any supplies false or fraudulent information, shall be is guilty of a misdemeanor felony and, upon conviction, must be fined not to exceed more than five thousand dollars, or be imprisoned not to exceed more than five years, or both, at the discretion of the court."
SECTION 14. Section 12-9-840 of the 1976 Code is amended to read:
"Section 12-9-840. Any A person, or any officer or any employee of any a corporation, or any a member or any employee of any a partnership, who, with intent to evade any requirement of this chapter or Chapter 7 of this Title 12, or any lawful requirement of the commission, under the provisions of this chapter or Chapter 7 of this Title, shall fail fails to make, sign, or verify any a return, to withhold any a tax, or to remit any a tax withheld, or to supply any required information required by or under the provisions of this chapter or Chapter 7 of this Title, or who with like intent shall make, render, sign, or verify any or makes, renders, signs, or verifies a false or fraudulent return or statement, or shall supply any supplies false or fraudulent information, shall be is guilty of a misdemeanor felony and, upon conviction, must be fined not to exceed more than five thousand dollars, or be imprisoned not to exceed more than five years, or both, at the discretion of the court."
SECTION 15. Section 12-21-2716 of the 1976 Code is amended to read:
"Section 12-21-2716. Any A person who, with intent to cheat or defraud the owner, lessee, licensee, or other person entitled to the contents of any an automatic vending machine, slot machine, coin-box telephone, or other receptacle, depository, or contrivance designed to receive lawful coin of the United States of America in connection with the sale, use, or enjoyment of property or service or who, knowing that the same is intended for unlawful use, manufactures for sale, or sells, or gives away any slug, device, or substance intended or calculated to be placed or deposited in the automatic vending machine, slot machine, coin-box telephone, or other receptacle, depository, or contrivance is guilty of a misdemeanor felony and, upon conviction, must be punished by a fine or imprisonment, fined in the discretion of the court or imprisoned not more than five years."
SECTION 16. Section 12-27-50 of the 1976 Code is amended to read:
"Section 12-27-50. Any A person, officer, or employee of any a corporation, or any a member or employee of any a partnership, who, with intent to evade any lawful requirement of this chapter or any lawful requirement of the commission under the provisions of this chapter, shall fail fails to pay any a tax, make any a report, or submit any required information required by or under the provisions of this chapter, or who with like intent shall make makes a false or fraudulent statement or report, or who shall supply any supplies false or fraudulent information shall be is guilty of a misdemeanor felony and, upon conviction, must be fined not to exceed more than five thousand dollars, or be imprisoned not to exceed more than five years, or both, at the discretion of the court."
SECTION 17. Section 12-29-610 of the 1976 Code is amended to read:
"Section 12-29-610. Any A person, or officer or employee of any a corporation, or any a member or employee of any a partnership, who, with intent to evade any a lawful requirement of this chapter or any lawful requirement of the commission under the provisions of this chapter, shall fail fails to pay any a tax, make any a report, or submit any required information required by or under the provisions of this chapter, or who with like intent shall make makes a false or fraudulent statement or report, or who shall supply any supplies false or fraudulent information shall be is guilty of a misdemeanor felony and, upon conviction, must be fined not to exceed more than five thousand dollars, or be imprisoned not to exceed more than five years, or both, at the discretion of the court."
SECTION 18. Section 12-31-670 of the 1976 Code is amended to read:
"Section 12-31-670. Any A person, or officer or employee of any a corporation, or any a member or employee of any a partnership, who, with intent to evade any a lawful requirement of this chapter or any lawful requirement of the commission under the provisions of this chapter, shall fail fails to pay any a tax, make any a report, or submit any required information required by or under the provisions of this chapter, or who with like intent shall make makes a false or fraudulent statement or report, or who shall supply any supplies false or fraudulent information shall be is guilty of a misdemeanor felony and, upon conviction, must be fined not to exceed more than five thousand dollars, or be imprisoned not to exceed more than five years, or both, at the discretion of the court."
SECTION 19. Section 12-45-110 of the 1976 Code is amended to read:
"Section 12-45-110. Any A state or county officer who shall fail fails to comply with or who shall evade or attempt evades or attempts to evade any of the provisions of Sections 12-45-40 to 12-45-70, 12-45-90, and 12-45-100 shall be is guilty of a misdemeanor felony and, upon conviction thereof, shall must be punished by a fine fined not exceeding more than five thousand dollars or by imprisonment for a period imprisoned not exceeding more than five years, or both, at the discretion of the court."
SECTION 20. Section 16-5-10 of the 1976 Code is amended to read:
"Section 16-5-10. If any two It is unlawful for two or more persons shall to band or conspire together or go in disguise upon the public highway or upon the premises of another with the intent to injure, oppress, or violate the person or property of any a citizen because of his political opinion or his expression or exercise of the same or shall attempt by any means, measures, or acts to hinder, prevent, or obstruct any a citizen in the free exercise and enjoyment of any right or privilege secured to him by the Constitution and laws of the United States or by the Constitution and laws of this State, such persons shall be.
A person who violates the provisions of this section is guilty of a misdemeanor felony and, on upon conviction thereof, must be fined not less than one hundred nor more than two thousand dollars or be imprisoned not less than six months nor more than three five years, or both, at the discretion of the court, and shall thereafter be. A person convicted under this section is ineligible to hold, and disabled from holding, any office of honor, trust, or profit in this State."
SECTION 21. Section 16-7-160, as last amended by Act 50 of 1987, is further amended to read:
"Section 16-7-160. It is unlawful for any a person, other than a peace officer engaged in the discharge of his duty, to place or throw a stink bomb, tear-gas bomb, smoke bomb, or similar device which contains foul or offensive odors, may inflict injury, or cause fear sufficient to incite a riot or conditions of panic in or in close proximity to any a public building, storehouse, theater, stadium, arena, motion picture theater, private residence, boardinghouse, or other building or other structure where people lodge, congregate, or reside.
Any A person violating who violates the provisions of this section is guilty of a:
(1) misdemeanor and, upon conviction, must be punished by imprisonment imprisoned for not more than three years or by a fine of fined not more than three thousand dollars, or both; provided, where the violation.
(2) felony if he causes serious bodily harm or injury and, upon conviction, the punishment must be imprisonment imprisoned for not more than ten years or a fine of fined not more than ten thousand dollars, or both. The court may order all or a portion of a fine to be paid to persons injured as a result of the violation to recover necessary medical expenses." SECTION 22. Section 16-9-320 of the 1976 Code, as last amended by Act 598 of 1990, is further amended to read:
"Section 16-9-320. (A) A It is unlawful for a person who knowingly and wilfully to:
(1) opposes or resists oppose or resist a law enforcement officer in serving, executing, or attempting to serve or execute a legal writ or process or who resists to resist an arrest being made by one whom the person knows or reasonably should know is a law enforcement officer, whether under process or not,. A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars and not nor more than one thousand dollars or imprisoned not more than one year, or both;.
(2)(B) assaults, beats, or wounds It is unlawful for a person to knowingly and wilfully assault, beat, or wound a law enforcement officer engaged in serving, executing, or attempting to serve or execute a legal writ or process or who assaults, beats, or wounds to assault, beat, or wound an officer when the person is resisting an arrest being made by one whom the person knows or reasonably should know is a law enforcement officer, whether under process or not,. A person who violates the provisions of this subsection is guilty of a misdemeanor felony and, upon conviction, must be fined not less than one thousand dollars and not nor more than ten thousand dollars or imprisoned for not more than ten years, or both."
SECTION 23. Section 16-9-340 of the 1976 Code is amended to read:
"Section 16-9-340. (A) Any It is unlawful for a person who by threats threat or force to:
(1) shall intimidate or impede any a judge, magistrate, juror, witness, or potential juror or witness, arbiter, commissioner, or member of any commission of this State or any other official of any court, in the discharge of his duty as such, or by threats or force shall; or
(2) destroy, or impede, or attempt to obstruct or impede the administration of justice in any court shall be deemed.
(B) A person who violates the provisions of subsection (A) is guilty of a misdemeanor felony and, upon conviction, shall must be fined not less than five hundred dollars nor more than two thousand dollars or imprisoned not more than five years, or both."
SECTION 24. Section 16-11-20 of the 1976 Code is amended to read:
"Section 16-11-20. A It is unlawful for a person who makes or mends, causes to make or mend, cause to be made or mended, or has have in his possession in the day or nighttime any engine, machine, tool, false key, picklock, bit, nippers, nitroglycerine, dynamite cap, coil or fuse, steel wedge, drill, tap-pin, or other implement or thing adapted, designed, or commonly used for the commission of burglary, larceny, safecracking, or other crime, under circumstances evincing any an intent to use, or employ, or allow the same to be used or employed in the commission of a crime, or knowing that the same are intended to be so used shall, upon conviction, be.
A person who violates the provisions of this section is guilty of a misdemeanor. In either case felony and he shall, upon conviction, must be punished at the discretion of the court fined in the discretion of the court or imprisoned not more than five years, or both."
SECTION 25. Section 16-11-170 of the 1976 Code is amended to read:
"Section 16-11-170. Whoever shall It is unlawful for a person to wilfully and maliciously set fire to or burn any grass, brush, or other combustible matter, so as thereby causing any woods, fields, fences, or marshes of any other another person or persons to be set on fire or cause such the burning to be done, or cause or allow or fire to spread to or to be transmitted to the lands of another, or be thereunto aiding or assisting, shall be to aid or assist in such conduct.
A person who violates the provisions of this section is guilty of a misdemeanor felony and, upon conviction thereof, shall must be fined not less than one thousand dollars nor more than five thousand dollars, or imprisoned for not less than one year nor more than five years., and shall, moreover, be A person convicted under this section is liable to the action of any person who may have sustained damage thereby."
SECTION 26. Section 16-11-617 of the 1976 Code is amended to read:
"Section 16-11-617. It is unlawful for any a person to enter on the land of another for the purpose of cultivating or attempting to cultivate marijuana. The provisions of this section are cumulative and not in lieu of any to other provisions of law. To constitute a violation of this section, a minimum of twenty-five marijuana plants must be cultivated. Any A person violating the provisions of this section is guilty of a misdemeanor felony and, upon conviction, must be imprisoned for not more than five years and fined not more than five thousand dollars."
SECTION 27. Section 16-11-740 of the 1976 Code, as last amended by Act 21 of 1989, is further amended to read:
"Section 16-11-740. A It is unlawful for a person who, without the consent of the owner, to wilfully:
(1) destroys, damages destroy, damage, or in any way injures 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) or obstructs, impedes, or impairs obstruct, impede, or impair their services or transmissions or;
(3) or aids, agrees aid, agree with, employs employ, or conspires conspire with any a person to do or cause to be done any of the acts mentioned in this section.
A person who violates the provisions of this section is guilty of a misdemeanor felony and, upon conviction, must be fined or imprisoned in the discretion of the court or imprisoned not more than ten years."
SECTION 28. Section 16-13-160 of the 1976 Code is amended to read:
"Section 16-13-160. (A) Whoever shall It is unlawful for a person to:
(a) (1) break or attempt to break into any a motor vehicle or any its compartment thereof, in the daytime or in the nighttime, with the intent to steal the same it or anything of value therefrom from it, or attached or annexed thereto to it, or used in connection therewith with it or in the perpetration of any criminal offense; or
(b) (2) break or attempt to break any tank, pump, or other vessel where kerosene, gasoline, or lubricating oil is stored or kept with intent to steal any such product therein contained shall be.
(B) A person who violates the provisions of this section is guilty of a misdemeanor felony and, upon conviction, punishable by imprisonment on the public works of the county in which the offense is committed or in the State Penitentiary at hard labor for a term of must be imprisoned not more than five years or by a fine of fined not more than one thousand dollars, either or both, in the discretion of the court."
SECTION 29. Section 16-13-170 of the 1976 Code is amended to read:
"Section 16-13-170. Any It is unlawful for a person who shall to:
(1) enter, without breaking, or attempt to enter any a house or vessel whatsoever, with intent to steal or commit any other crime; or
(2) shall conceals conceal himself in any a house or vessel, with like intent to commit a crime, shall be.
A person who violates the provisions of this section is guilty of a misdemeanor felony and, upon conviction thereof, shall must be punished in the discretion of the court fined in the discretion of the court or imprisoned not more than ten years, or both."
SECTION 30. Section 16-13-290 of the 1976 Code is amended to read:
"Section 16-13-290. Whoever It is unlawful for a person, with intent to defraud either the State, any a county, or municipal government thereof or any person, shall take upon himself to act as an officer or shall in such pretensive or pretended character and demand, obtain, or receive from any a person or any an officer of the State, county, or municipal government any money, paper, document, or other valuable things. A person who violates the provisions of this section shall be is guilty of a:
(1) misdemeanor felony and, upon conviction, must be punished by fine fined in the discretion of the court or imprisonment or by fine and imprisonment, in the discretion of the court; provided, that if the property or thing obtained shall be of less value than twenty dollars imprisoned not more than ten years, or both .
(2) misdemeanor triable in magistrate's court. Upon conviction, the person the punishment shall must be fine fined not to exceed more than one hundred dollars or imprisonment for imprisoned not more than thirty days and the magistrate's court shall have jurisdiction of the offense if the property or thing obtained has a value of two hundred dollars or less."
SECTION 31. Section 16-15-140 of the 1976 Code is amended to read:
"Section 16-15-140. It shall be is unlawful for any a person over the age of fourteen years to wilfully and lewdly commit or attempt any lewd or lascivious act upon or with the body, or any part or member thereof its parts, of a child under the age of fourteen years, with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of such person or of such the child.
Anyone A person violating the provisions of this section is guilty of a felony and, upon conviction, shall must be punished by fine or imprisonment fined in the discretion of the court or imprisoned not more than fifteen years, or both, in the discretion of the court."
SECTION 32. Section 16-15-385(D), as last amended by Act 168 of 1987, is further amended to read:
"(D) A person who violates this section is guilty of a misdemeanor felony and, upon conviction, must be imprisoned for not more than five years or fined not more than five thousand dollars, or both."
SECTION 33. Section 16-17-410 of the 1976 Code is amended to read:
"Section 16-17-410. The common law crime known to the common law as `conspiracy' is hereby defined as a combination between two or more persons for the purpose of accomplishing a criminal or an unlawful object or an lawful object neither criminal nor unlawful by criminal or unlawful means.
The A person who commits the crime of conspiracy is hereby declared to be guilty of a misdemeanor, felony and, upon conviction, any person found guilty of the crime of conspiracy shall must be sentenced to pay a fine of fined not more than five thousand dollars or to be imprisoned for not more than five years; provided, that in no event shall a.
A person who is convicted of the crime of conspiracy must not be given any a greater fine or sentence than he would have received receive had if he carried out the criminal or unlawful act contemplated by the conspiracy and had he been convicted of the criminal or unlawful act contemplated by the conspiracy or had he been convicted of the criminal or unlawful acts by which the conspiracy was to be carried out or effected."
SECTION 34. Section 16-17-430 of the 1976 Code is amended to read:
"Section 16-17-430. (A) It shall be is unlawful for any a person anonymously or otherwise to:
(1) to use in a telephonic communication any words or language of a profane, vulgar, lewd, lascivious, or an indecent nature, or to threaten in a telephonic communication any unlawful act with the intent to coerce, intimidate, or harass another person, or to communicate or convey by telephone an obscene, vulgar, indecent, profane, suggestive, or immoral message to another person;
(2) to telephone another repeatedly, whether or not conversation ensues, for the purpose of annoying or harassing another person or his family;
(3) to make a telephone call and intentionally fail to hang up or disengage the connection for the purpose of interfering with the telephone service of another;
(4) to telephone another and make any false statements concerning either the death or injury of any a member of the family of the person who is telephoned with the intent to annoy, frighten, or terrify that person; or
(5) knowingly to permit any a telephone under his control to be used for any purpose prohibited by this section.
(B)(1) Any A person violating either who violates items (1), (2), or (4) of subsection (A) shall be is guilty of a misdemeanor felony and, upon conviction, shall must be punished in the discretion of the court; and fined in the discretion of the court or imprisoned not more than ten years.
(2) any A person violating either who violates items (3) or (5) of subsection (A) shall be is guilty of a misdemeanor and, upon conviction, shall must be subject to a fine of fined not more than one hundred dollars or imprisonment imprisoned for not more than thirty days."
SECTION 35. Section 16-17-600 of the 1976 Code, as last amended by Act 74 of 1989, is further amended to read:
"Section 16-17-600. (A) A It is unlawful for a person who acts without proper legal authority and who wilfully and knowingly, and without proper legal authority to:
(1) destroys or damages destroy or damage the remains of a deceased human being;
(2) removes any remove a portion of the remains of a deceased human being from a burial ground where human skeletal remains are buried, a grave, crypt, vault, mausoleum, or other repository; or
(3) desecrates desecrate human remains;.
A person violating the provisions of subsection (A) is guilty of a felony and, upon conviction, must be fined not more than two thousand dollars and imprisoned for not less than one year nor more than ten years.
(B) A It is unlawful for a person who acts without proper legal authority and who wilfully and knowingly, and without proper legal authority to:
(1) obliterates, vandalizes, or desecrates obliterate, vandalize, or desecrate a burial ground where human skeletal remains are buried, a grave, graveyard, tomb, mausoleum, or other repository of human remains;
(2) defaces, vandalizes, injures, or removes deface, vandalize, injure, or remove a gravestone or other memorial monument or marker commemorating a deceased person or group of persons, whether located within or outside of a recognized cemetery, memorial park, or battlefield; or
(3) obliterates, vandalizes, or desecrates obliterate, vandalize, or desecrate a park or other area clearly designated to preserve and perpetuate the memory of a deceased person or group of persons;.
A person violating the provisions of subsection (B) is guilty of a misdemeanor felony and, upon conviction, must be imprisoned for not more than ten years, or fined not more than two thousand dollars, or both, in the discretion of the trial court.
(C) A It is unlawful for a person who acts without proper legal authority and wilfully, knowingly, and without proper legal authority to destroys destroy, tears tear down, or injures injure only fencing, plants, trees, shrubs, or flowers located upon or around a repository for human remains, or within a human graveyard or memorial park,.
A person violating the provisions of subsection (C) is guilty of a misdemeanor felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, in the discretion of the trial court; provided, that when the injury. Injury or loss of property is less than two hundred dollars, is a misdemeanor the case must be adjudicated in the triable in magistrate's court. Upon conviction, the person must be fined, imprisoned, or both, and the punishment may not be more than is permitted by law, without presentment or indictment by the grand jury."
SECTION 36. Section 16-21-10 of the 1976 Code is amended to read:
"Section 16-21-10. (A) A person who, with fraudulent intent It is unlawful for a person to:
(1) alters, forges or counterfeits alter, forge, or counterfeit a certificate of title, registration card, or license plate;
(2) alters or forges alter or forge an assignment of a certificate of title or an assignment or release of a security interest on a certificate of title or on a form the department prescribes;
(3) Has possession of possess or uses use a certificate of title, registration card, or license plate, knowing it to have been altered, forged, or counterfeited; or
(4) uses use a false or fictitious name or address, makes make a material false statement, fails fail to disclose a security interest, or conceals conceal any other material fact in an application for a certificate of title or for registration;.
(B) A person violating the provisions of this section is guilty of a misdemeanor and punishable under subsection (1) of S 16-21-130 felony and, upon conviction, must be imprisoned not more than five years."
SECTION 37. Section 16-21-40 of the 1976 Code is amended to read:
"Section 16-21-40. (A) A person who:
(1) wilfully removes or falsifies an identification number of a vehicle or an engine for a vehicle is guilty of a misdemeanor and, punishable under subsection (2) of Section 16-21-130 upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days, or both;.
(2) wilfully and with intent to conceal or misrepresent the identity of a vehicle or engine removes or falsifies an identification number of the vehicle or engine is guilty of a misdemeanor felony and, punishable under subsection (1) of Section 16-21-130 upon conviction, must be imprisoned not more than five years;.
(3) buys, receives, possesses, sells, or disposes of a vehicle or an engine for a vehicle, knowing that an identification number of the vehicle or engine has been removed or falsified, is guilty of a misdemeanor and, punishable under subsection (2) of Section 16-21-130 upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days, or both; or.
(4) buys, receives, possesses, sells, or disposes of a vehicle or an engine for a vehicle, with knowledge that an identification number of the vehicle or engine has been removed or falsified and with intent to conceal or misrepresent the identity of the vehicle or engine, is guilty of a misdemeanor felony and, punishable under subsection (1) of Section 16-21-130 upon conviction, must be imprisoned not more than five years.
(B) An identification number may be placed on a vehicle or engine by its manufacturer in the regular course of business or placed or restored on a vehicle or engine by authority of the department without violating this section. An identification number so placed or restored is not falsified.
(C) As used in this section:
(a) (1) `Identification number' includes an identifying number, serial number, engine number, or other distinguishing number or mark, placed on a vehicle or engine by its manufacturer or by authority of the department or in accordance with the laws of another state or country;
(b) (2) `Remove' includes deface, cover, and destroy; and
(c) (3) `Falsify' includes alter and forge."
SECTION 38. Section 16-21-130 of the 1976 Code is amended to read:
"Section 16-21-130. (1) Any person guilty of a misdemeanor for violation of any provision of S 16-21-10 or item (2) or (4) of S 16-21-40 or subsection (1) of S 16-21-60 or S 16-21-80 shall be punished by imprisonment of not more than five years, at the discretion of the presiding judge.
(2) Any A person guilty of a misdemeanor for violation of any other provision of this chapter, who violates the provisions of this chapter, except subsection (2) of S 16-21-60, shall be punished as specifically provided, is guilty of a misdemeanor and, upon conviction, by a fine of must be fined not more than one hundred dollars or imprisonment imprisoned for not more than thirty days, or both."
SECTION 39. Section 16-21-140 of the 1976 Code is amended to read:
"Section 16-21-140. A person who, whether present or absent, aids, abets, induces, procures, or causes the commission of an act which, if done directly by him, would be a misdemeanor under a provision of this chapter is guilty of the same misdemeanor principal offense and must be punished accordingly."
SECTION 40. Section 16-23-220 of the 1976 Code, as last amended by Act 564 of 1990, is further amended to read:
"Section 16-23-220. It shall be is unlawful for any a person in any manner to transport from one place to another in this State or for any railroad company, express company, or other common carrier or any officer, agent, or employee of any of them or other person acting in their behalf knowingly to ship or to transport from one place to another in this State in any manner or by any means whatsoever, except as provided in Sections 16-23-250 and 23-31-330, any a machine gun or firearm commonly known as a machine gun, military firearm, sawed-off shotgun, or sawed-off rifle, except as provided in Sections 16-23-250 and 23-31-330.
A person who violates the provisions of this section, upon conviction, must be punished pursuant to Section 16-23-260."
SECTION 41. Section 16-23-230 of the 1976 Code, as last amended by Act 564 of 1990, is further amended to read:
"Section 16-23-230. It shall be is unlawful for any a person to store, keep, possess, or have in possession or permit another to store, keep, possess, or have in possession any a machine gun or firearm commonly known as a machine gun, military firearm, sawed-off shotgun, or sawed-off rifle, except as provided in Sections 16-23-250 and 23-31-330.
A person who violates the provisions of this section, upon conviction, must be punished pursuant to Section 16-23-260."
SECTION 42. Section 16-23-240 of the 1976 Code, as last amended by Act 564 of 1990, is further amended to read:
"Section 16-23-240. It shall be is unlawful for any a person to sell, rent, give away, or participate in any manner, directly or indirectly, in the sale, renting, giving away, or otherwise disposing of any a machine gun, or firearm commonly known as a machine gun, military firearm, sawed-off shotgun, or sawed-off rifle, except as provided in Sections 16-23-250 and 23-31-330.
A person who violates the provisions of this section, upon conviction, must be punished pursuant to Section 16-23-260."
SECTION 43. Section 16-23-260 of the 1976 Code, as last amended by Act 564 of 1990, is further amended to read:
"Section 16-23-260. Any A person violating any of the provisions of this article shall be deemed is guilty of a misdemeanor felony and, on upon conviction thereof, shall must be fined not more than ten thousand dollars or be imprisoned not more than ten years, or both."
SECTION 44. Section 16-23-410 of the 1976 Code is amended to read:
"Section 16-23-410. It shall be is unlawful for any a person to present or point at any other another person any a loaded or unloaded firearm.
A person who violates the provisions of this section is guilty of a felony and, upon conviction therefor, any such person shall must be punished by fine or imprisonment, in the discretion of the court fined in the discretion of the court or imprisoned not more than five years. Nothing contained herein shall This section must not be construed to abridge the right of self-defense or to apply to theatricals or like performances."
SECTION 45. Section 16-23-420 of the 1976 Code is amended to read:
"Section 16-23-420. (A) Any It is unlawful for a person who carries to carry into any a private or public school, college or university building, or any publicly owned building, or has have in his possession in the area immediately adjacent to such these buildings, a firearm of any kind, without the express permission of the authorities in charge of the buildings, or who, upon entering such.
(B) It is unlawful for a person to enter these buildings, or the areas immediately adjacent areas thereto, and to displays, brandishes display, brandish, or threatens threaten others with a firearm shall be deemed.
(C) A person who violates the provisions of this section is guilty of a misdemeanor felony and, upon conviction, shall must be fined not more than five thousand dollars or be in prison imprisoned not more than five years, or both, in the discretion of the court.
(D) The provisions of this This section shall does not apply to any a guard, law enforcement officer, or member of the armed forces, or to any student of military science,. or to any A married student residing in apartments provided by such the private or public school whose presence with a weapon in or around a particular building is authorized by persons legally responsible for the security of such the buildings is also exempted from the provisions of this section."
SECTION 46. Section 16-23-440 of the 1976 Code, as last amended by Act 469 of 1988, is further amended to read:
"Section 16-23-440. Any It is unlawful for a person who unlawfully discharges or causes to discharge or cause to be discharged unlawfully firearms at or into a dwelling house or other building or structure regularly occupied by persons. A person who violates the provisions of this section is guilty of a misdemeanor felony and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than ten years, or both."
SECTION 47. Section 16-23-480 of the 1976 Code is amended to read:
"Section 16-23-480. No It is unlawful for a person shall to manufacture, cause to be manufactured, or possess any object or article which is designed to cause damage by fire or any other means to person or property either by ignition, detonation, or other means and further,. no It is unlawful for a person shall to possess any object or article when such object or article is possessed solely for the purpose of causing damage by fire or other means to person or property either by ignition, detonation, or other means.
Any A person who violating violates the provisions of this section shall be deemed is guilty of a misdemeanor felony and, upon conviction, shall must be fined in the discretion of the court or imprisoned at hard labor not more than five years, or both, in the discretion of the court."
SECTION 48. Section 16-23-490 of the 1976 Code is amended to read:
"Section 16-23-490. (A) Any person who is convicted of committing or attempting to commit a violent crime as defined in Section 16-1-60, if the If a person is in possession of a firearm or visibly displays what appears to be a firearm or visibly displays a knife during the commission of the violent crime and is convicted of committing or attempting to commit a violent crime as defined in Section 16-1-60, shall, in addition to the punishment provided for the crime, he must be punished by a term of imprisonment of imprisoned five years;, in addition to the punishment provided for the principal crime. provided, that this This five-year sentence does not apply in cases where the death penalty or a life sentence without parole is imposed for the violent crime.
(B) Service of this the five-year sentence is mandatory unless a longer mandatory minimum term of imprisonment is provided by law for the violent crime. The court may impose this mandatory five-year sentence to run consecutively or concurrently.
(C) The person so sentenced under this section is not eligible during this five-year period for parole, work release, or extended work release. Such The five years may not be suspended and the person may not complete his term of imprisonment in less than five years pursuant to good-time credits or work credits; however, the person, but may earn credits during this period.
(D) As used in this section, `firearm' means any machine gun, automatic rifle, revolver, pistol, or any weapon which will, or is designed to, or may readily be converted to expel a projectile; `knife' means an instrument or tool consisting of a sharp cutting blade whether or not fastened to a handle which is capable of being used to inflict a cut, slash, or wound.
(E) No such The additional punishment may not be imposed unless the indictment alleged as a separate count that the person was in possession of a firearm or visibly displayed what appeared to be a firearm or visibly displays a knife during the commission of the violent crime and conviction was had upon this count in the indictment. The penalties prescribed in this section may not be imposed unless the person convicted was at the same time indicted and convicted of a violent crime as defined in Section 16-1-60."
SECTION 49. Section 16-23-520 of the 1976 Code is amended to read:
"Section 16-23-520. It shall be is unlawful for any a person to use, transport, manufacture, possess, distribute, sell, or buy any ammunition or shells that are coated with polytetrafluoroethylene (teflon).
Any A person who violates the provisions of this section is guilty of a misdemeanor felony and, upon conviction, shall must be imprisoned for not more than five years or fined not more than five thousand dollars, or both."
SECTION 50. Section 17-13-50 of the 1976 Code is amended to read:
"Section 17-13-50. (A) Every A person arrested by virtue of process or taken into custody by an officer in this State has a right to know from the officer who arrests or claims to detain him the true ground on which the arrest is made. An It is unlawful for an officer who to:
(a)(1) refuses refuse to answer a question relative to the reason for such the arrest,;
(b)(2) answers such answer the question untruly,;
(c)(3) assigns assign to the person arrested an untrue reason for the arrest,; or
(d)(4) neglects neglect on request to exhibit to the person arrested or any other person acting in his behalf the precept by virtue of which such the arrest is made shall be punished as for a misdemeanor.
(B) An officer who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both."
SECTION 51. Section 17-15-90 of the 1976 Code is amended to read:
"Section 17-15-90. Whoever having It is unlawful for a person who has been released pursuant to Sections 17-15-10 through 17-15-100, to wilfully fails fail to appear before the court as required shall forfeit. A person who violates the provisions of these sections, upon conviction, forfeits any security which was given or pledged for his release and, in addition, shall is guilty of a:
(a)(1) If felony if he was released in connection with a charge of felony, or while awaiting sentence after conviction. The person must be fined not more than five thousand dollars or imprisoned not more than five years, or both; or.
(b)(2) If misdemeanor if he was released in connection with a charge of misdemeanor. The person must be fined not more than one thousand dollars or imprisoned for not more than one year, or both."
SECTION 52. Section 20-7-50 of the 1976 Code is amended to read:
"Section 20-7-50. Any It is unlawful for a person having who has the legal custody of any a child or helpless person, who shall, without lawful excuse, to refuse or neglect to provide, as defined in Section 20-7-490, the proper care and attention, as defined in Section 20-7-490, for such the child or helpless person, so that the life, health, or comfort of such the child or helpless person is endangered or is likely to be endangered, shall be.
A person who violates the provisions of this section is guilty of a misdemeanor felony and, upon conviction, shall must be punished within the discretion of the circuit court fined in the discretion of the court or imprisoned not more than ten years, or both."
SECTION 53. Section 20-7-60 of the 1976 Code is amended to read:
"Section 20-7-60. (A) Whoever, being It is unlawful for a person who is legally liable responsible, either as parent, guardian, or other person having temporary or permanent custody custodian, to provide for any a child, mentally incompetent or helpless person, necessary food, clothing, lodging, or medical or other treatment as recognized by Section 40-47-40, shall to:
(1) wilfully and or without lawful excuse, refuse, or neglect to provide for the child, mentally incompetent or helpless person, as defined in Section 20-7-490, therefor,; or
(2) shall unlawfully and maliciously do, or cause to be done, any bodily harm to that person so that his life shall be is endangered, or his health or comfort shall have been is, or is likely to be, permanently injured, shall be deemed.
(B) A person who violates the provisions of this section is guilty of a misdemeanor, felony and, upon conviction thereof, shall must be fined not less than two hundred dollars or imprisoned for not exceeding two more than ten years with or without hard labor, or both, at the discretion of the circuit court."
SECTION 54. Section 20-7-80 of the 1976 Code is amended to read:
"Section 20-7-80. It shall be is unlawful for any a parent, male or female, or any other person legally responsible for the care and support of a minor child under the age of sixteen years to wilfully abandon such the child, as provided in Section 20-7-1570.
Any A person violating the provisions of this section shall be deemed is guilty of a misdemeanor felony and, upon conviction, shall must be punished within the discretion of the circuit court fined in the discretion of the court or imprisoned not more than ten years, or both."
SECTION 55. Section 23-31-340 of the 1976 Code, as last amended by Act 564 of 1990, is further amended to read:
"Section 23-31-340. Any A person who violating violates any of the provisions of this article shall be deemed is guilty of a misdemeanor felony and, on upon conviction, shall must be fined not more than ten thousand dollars or be imprisoned not more than ten years, or both."
SECTION 56. Section 23-31-360 of the 1976 Code, as last amended by Act 564 of 1990, is further amended to read:
"Section 23-31-360. Notwithstanding the provisions of this article, machine Machine guns or military firearms manufactured by a firm licensed by the federal government and subject to the Federal Gun Control Act may be legally possessed by the manufacturer thereof without being registered with the State Law Enforcement Division; provided, however, that any such. The manufacturing firm shall furnish to the division SLED the serial numbers of all machine guns or military firearms manufactured by it within thirty days of such their manufacture and shall be it is subject to the penalties provided in Section 23-31-340 for noncompliance."
SECTION 57. Section 24-1-270 of the 1976 Code is amended to read:
"Section 24-1-270. (1) (A) As used in this section, the term `State state correctional properties' shall include includes all property under the control of the Commissioner of the South Carolina Department of Corrections, or his agents, for the confinement of inmates or other uses pursuant to the commissioner's responsibilities.
(2) (B) Notwithstanding any other provisions of law relating to trespass, it It shall be is unlawful for any a person to:
(a) (1) To trespass or loiter on state correctional properties after notice to leave is given by the commissioner or his authorized agents or, after lawful entry, refuse to leave the premises after such notice is given; or
(b) (2) To incite, solicit, urge, encourage, exhort, instigate, or procure any other a person to violate the provisions of item (a) (1) of this subsection.
(3) (C) Any A person violating the provisions of this section shall be deemed is guilty of a misdemeanor felony and, upon conviction, shall must be fined not exceeding more than five thousand dollars or imprisoned for a term not exceeding not more than five years, or both.
(4) (D) The provisions of this section shall must not be construed to bar prosecution of other offenses committed on state correctional property."
SECTION 58. Section 24-13-410 of the 1976 Code is amended to read:
"Section 24-13-410. (A) It shall be is unlawful for any a person, being lawfully confined in any prison or upon the public works of any a county or while in the custody of any a superintendent, guard, or officer, to escape, to attempt to escape, or to have in his possession tools or weapons which may be used to facilitate an escape, and any.
(B) A person so doing or so possessing such tools or weapons shall be who violates this section is guilty of a misdemeanor felony and, punished by a sentence of not less than six months nor upon conviction, must be imprisoned not more than two five years, such sentence to be.
(C) The term of imprisonment is consecutive to the original sentence and to any other sentences theretofore previously imposed upon such the escapee by any a court of this State. But when When the original sentence was one year is three years or less, the sentence to be imposed in addition to any remaining unserved portion of the original sentence shall must not be longer than the original sentence.
(D) Provided, however, that should If the escapee be is recaptured elsewhere than in outside of this State, the sentence to be imposed term of imprisonment must be in addition to any remaining unserved portion of the original sentence shall and must not be not less than one year nor more than three five years, such.
(E) This sentence to be is consecutive to any other sentences theretofore previously imposed upon such the escapee by any court of this State."
SECTION 59. Section 24-13-420 of the 1976 Code is amended to read:
"Section 24-13-420. Whoever shall harbor or employ any A person who knowingly harbors or employs an escaped convict, knowing him to be such, shall be is guilty of a misdemeanor felony and, upon conviction thereof, shall must be fined in the discretion of the court or imprisoned not more than ten years, or both fined and imprisoned, in the discretion of the presiding judge."
SECTION 60. Section 27-32-120 of the 1976 Code is amended to read:
"Section 27-32-120. (A) If upon investigation by the Real Estate Commission or commissioner, any a person is found to be in violation of this chapter, the commissioner shall inform such the person of the violation by certified mail, return receipt requested, and if the commissioner finds the violation is of a minor nature, he may assess a monetary fine.
Within ten days from receipt of such the certified mail, the person found in violation of this chapter may pay such the fine or take such other remedial steps as the commissioner, in his sole discretion, may require; provided, however, that if. If no fine is paid and no other remedial agreement is reached within the time allowed or any extension of time granted by the commissioner, such the person may be prosecuted for the violation as otherwise provided in this section.
Upon payment of a fine or agreement for remedial action, the commissioner shall be is authorized to release any a person found in violation of this chapter from any further liability to the State arising from such the violation.
(B) Any A person who wilfully violates any provision of this chapter shall be deemed is guilty of a misdemeanor and, upon conviction, for a first offense shall must be fined not more than five thousand dollars for each violation, upon conviction. Conviction for a second offense shall is a misdemeanor and the person must be fined not more than five thousand dollars or shall be imprisoned for a term not to exceed not more than six months, or both, for each violation. and upon conviction Conviction for a third or subsequent offense is a felony and the person shall must be fined not more than five thousand dollars or shall be imprisoned for a term not more than five years, or both, for each violation.
For purposes of this chapter, a wilful violation occurs when the person committing the violation knew or should have known that his conduct was a violation of this chapter.
(C) In addition to the penalties provided in this section, any contract for the sale of a time-shared unit in violation of this chapter shall be is voidable at the sole option of the purchaser and entitles such the purchaser to a refund of all consideration paid by him pursuant to such the contract.
(D) Provided, that a A deficiency in an escrow required by this chapter, which results solely from the cancellation or worthlessness of receivables previously placed in escrow, shall is not be considered a violation of this chapter. In the event of an escrow deficiency, a lender who has advanced funds to a project shall have has no liability to contribute funds to the escrow to cure the deficiency, and the lender's lien on the project property shall is not be affected by the deficiency."
SECTION 61. Section 34-13-90 of the 1976 Code is amended to read:
"Section 34-13-90. Anyone A person who violates the provisions of Section 34-13-80 is guilty of a felony and, must upon conviction, after indictment must be punished by fine fined in the discretion of the court or imprisonment imprisoned not more than ten years, or both, at the discretion of the court."
SECTION 62. Section 38-9-150 of the 1976 Code is amended to read:
"Section 38-9-150. Upon request of a domestic insurer the commissioner may return to the insurer the whole or any portion of the securities of the insurer held by him on deposit when he is satisfied that the securities asked to be returned are not subject to any liability and are not required to be held any longer by any provision of law or purpose of the original deposit.
These deposits made by a foreign insurer must be returned by the commissioner upon the filing with the commissioner by the trustee or other authorized representative of the insurer a written request and sworn affidavit stating (a) that the insurer has no contracts of insurance in force and no unsatisfied claims outstanding within this State or (b) that reinsurance of all outstanding contracts and acceptance of all unsatisfied claims within this State have been provided by an insurer or insurers authorized to transact the same kinds of business in this State, filing with the affidavit a certified copy of the reinsurance agreement. Release must be made upon the written order of the commissioner when he is satisfied that the above requirements have been met. The commissioner is considered the agent of the foreign insurer for acceptance of service of any legal process in any action or proceeding against the insurer for any claim that might arise before or after the return of its deposits. Any A person making a false affidavit as required in this section must is guilty of a felony and, upon conviction, must be imprisoned for a period not exceeding more than five years."
SECTION 63. Section 38-13-170 of the 1976 Code is amended to read:
"Section 38-13-170. If an insurer, in its annual or other statement required by law, wilfully misstates the facts, the insurer and the person signing the statement and any person aiding, abetting, or participating in the making of the statement are guilty of a felony, and upon conviction, must be severally punished by a fine of fined not more than two thousand dollars or imprisonment for imprisoned not more than five years, or both, in the discretion of the court, and the. The insurer, upon conviction, forfeits its right to do business in this State."
SECTION 64. Section 39-22-90(B) of the 1976 Code, as added by Act 436 of 1990, is amended to read:
"(B) A person violating who violates the provisions of item (1), (2), (3), or (4) of this section is guilty of a misdemeanor felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not less than one year nor more than five years, or both.
A person violating who violates the provisions of item (5) or (6) of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than one year, or both.
A person violating who violates the provisions of item (7) of this section 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, for each violation.
A person violating who violates the provisions of item (8) of this section is guilty of forgery and, upon conviction, must receive the penalty provided for a conviction of that crime."
SECTION 65. Section 39-23-80 of the 1976 Code is amended to read:
"Section 39-23-80. (A) The following acts and causing thereof are hereby prohibited It is unlawful to do or cause the following acts:
(a) (1) The introduction or delivery for introduction into commerce within the State of any a drug or device that is adulterated or misbranded.;
(b) (2) The adulteration or misbranding of any a drug or device in intrastate commerce.;
(c) (3) The receipt in intrastate commerce of any a drug or device that is adulterated or misbranded, and the delivery or proffered delivery thereof of a drug or device for pay or otherwise.;
(d) (4) The manufacture within the State of any a drug or device within the State which is adulterated or misbranded.;
(e) (5) Forging forging, counterfeiting, simulating, or falsely representing, or without proper authority using any mark, stamp, tag, label, or other identification device authorized or required by regulations promulgated under the provisions of this chapter or the federal act.;
(f) (6) The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of, or the doing of any other act with respect to, a drug, a or device, if such the act is done while such the article is held for sale (whether or not the first sale) after shipment in intrastate commerce and results in such the article being adulterated or misbranded.;
(g) (7) The using, on the labeling label of any a drug or in any advertising an advertisement relating to such the drug, of any representation or suggestion that an application with respect to such the drug is effective under Section 39-23-70, or that such the drug complies with the provisions of such that section.
(B) (1) A person who violates a provision of this section is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than two years, or fined not more than five thousand dollars, or both for a first offense.
(2) A person convicted under this section for a second offense is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than ten thousand dollars, or both.
(3) A violation with intent to defraud or mislead is a felony and, upon conviction, the person must be imprisoned not more than five years or fined not more than ten thousand dollars, or both."
SECTION 66. Section 43-29-41 of the 1976 Code is amended to read:
"Section 43-29-41. Notwithstanding the provisions of Section 43-29-100, any a person who violates the provisions of Section 43-29-40 shall be deemed is guilty of a misdemeanor felony and, upon conviction, shall must be fined not less than five hundred dollars nor more than five thousand dollars or be imprisoned for not less than ninety days nor more than five years."
SECTION 67. Section 43-30-100 of the 1976 Code, as last amended by Act 447 of 1990, is further amended to read:
"Section 43-30-100. (1) (A) It is unlawful for a person to neglect, exploit, abuse, threaten to abuse, or cause physical or mental injury to a client-patient, as defined in Section 43-30-20.
(2) (B) A person who violates subsection (1) (A) is guilty of a misdemeanor felony and, upon conviction, must be fined not less than five hundred nor more than five thousand dollars or imprisoned for not less than ninety days nor more than five years."
SECTION 68. Section 44-23-1150 of the 1976 Code is amended to read:
"Section 44-23-1150. Any A person having sexual intercourse with a patient or trainee of any state mental health facility, whether the patient or trainee is within the facility or unlawfully away from the facility, shall be is guilty of a misdemeanor felony and, upon conviction, shall must be punished by hard labor on the county chain gang or in the State Penitentiary imprisoned for a period not more than exceeding twenty ten years, within the discretion of the court."
SECTION 69. Section 44-52-165(B) of the 1976 Code, as added by Act 389 of 1990, is amended to read:
"(B) A person who intentionally or negligently allows a patient, as defined in subsection (A), access to or to possess possession of items in violation of that subsection or who attempts to furnish the items is guilty, in the case of:
(1) alcoholic beverages or controlled substances, is guilty of a misdemeanor felony and, upon conviction, must be fined not less than one hundred nor more than ten thousand dollars or imprisoned for not less than thirty days nor not more than ten years, or both:.
(2) firearms or dangerous weapons, is guilty of a felony and, upon conviction, must be fined not less than one thousand nor more than ten thousand dollars or imprisoned for not less than one nor more than ten years, or both."
SECTION 70. Section 44-53-40 of the 1976 Code is amended to read:
"Section 44-53-40. (A) No It is unlawful for a person shall to obtain or attempt to obtain any a drug or device as defined by Section 39-23-20, or any pharmaceutical preparation, chemical, or chemical compound that is restricted in regard to its sale at retail by:
(a) (1) by fraud, deceit, misrepresentation, or subterfuge;
(b) (2) by the forgery or alteration of a prescription;
(c) (3) by the falsification in any manner of any record of sale required by law;
(d) (4) by the use of a false name or the giving of a false address;
(e) (5) by the concealment of a material fact; or
(f) (6) by falsely assuming the title of or representing himself to be a person authorized by the laws of this State to possess such drugs, pharmaceutical preparations, chemicals, chemical compound, or devices.
(B) Any A person who violating violates this section shall be deemed is guilty of a misdemeanor and, upon conviction, shall must be punished, for a first offense, by a fine fined not to exceed more than five hundred dollars or imprisonment of imprisoned not more than eighteen months two years, or both for a first offense; and,. Conviction for a second or subsequent offense, by a fine is a felony and the person must be fined not to exceed more than two thousand dollars or imprisonment of imprisoned not more than five years, or both.
No A person shall must not be convicted of a criminal offense under this section unless it is shown by clear and convincing evidence that the drug, pharmaceutical preparation, chemical, chemical compound, or device would not have been obtained but for the fraud, deceit, misrepresentation, subterfuge, forgery, alteration, falsification, concealment, or other prohibited act allegedly practiced by the accused."
SECTION 71. Section 44-53-375(A) of the 1976 Code, as last amended by Act 604 of 1990, is further amended to read:
"(A) Any A person possessing or attempting to possess less than one gram of ice, crank, or crack cocaine, as defined in Section 44-53-110, is guilty of a misdemeanor felony and, upon conviction for a first offense, must be imprisoned for a term of not less than two years nor more than five years and fined not less than five thousand dollars. For a first offense the court may, upon approval of the solicitor, may require as part of any a sentence, that the offender enter and successfully complete a drug treatment and rehabilitation program. For a second offense, the offender is guilty of a felony and, upon conviction, must be imprisoned for not less than four years nor more than seven ten years and fined not less than ten thousand dollars. For a third or subsequent offense, the offender is guilty of a felony and, upon conviction, must be imprisoned for not less than ten years nor more than fifteen years and fined not less than fifteen thousand dollars."
SECTION 72. Section 44-53-390 of the 1976 Code is amended to read:
"Section 44-53-390. (a) It is unlawful for any a person knowingly or intentionally to:
(1) To distribute as a registrant a controlled substance classified in Schedules I or II, except pursuant to an order form as required by Section 44-53-350;
(2) To use in the course of the manufacture or distribution of a controlled substance a registration number which is fictitious, revoked, suspended, or issued to another person;
(3) To acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge;
(4) To furnish false or fraudulent material information in, or omit any material information from, any application, report, or other document required to be kept or filed under this article, or any record required to be kept by this article;
(5) To make, distribute, or possess any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render the drug a counterfeit substance;
(6) To distribute or deliver a noncontrolled substance or an imitation controlled substance:
(A) with the expressed or implied representation that the substance is a narcotic or nonnarcotic controlled substance, or with the expressed or implied representation that the substance is of such nature or appearance that the recipient of the distribution or delivery will be able to dispose of such the substance as a controlled substance;
(B) when the physical appearance of the finished product is substantially similar to a specific controlled substance, or if in a tablet or capsule dosage form as a finished product it is similar in color, shape, and size to any controlled substances' dosage form, or its finished dosage form has similar, but not necessarily identical, markings on each dosage unit as any controlled substances' dosage form, or if its finished dosage form container bears similar, but not necessarily identical, markings or printed material as any controlled substances which is commercially manufactured and commercially packaged by a manufacturer or repackager registered under the provisions of Title 21, Section 823 of the United States Code. In any prosecution for unlawful delivery of a noncontrolled substance, it is no defense that the accused believed the noncontrolled substance to actually be a controlled substance.
(b) Any A person who violates this section is guilty of a misdemeanor felony and, upon conviction, shall must be imprisoned for not more than five years, or fined not more than ten thousand dollars, or both, except that if. If such person is a corporation, it shall be is subject to a civil penalty of not more than one hundred thousand dollars.
(c) The provisions of item (6) of subsection (a) of this section shall Section 44-53-390(a)(6) do not apply to any transaction in the ordinary course of professional practice of a practitioner registered to dispense controlled substances under this article, nor shall do they apply to a pharmacy acting in the normal course of business, or pursuant to the lawful order of a placebo prescription."
SECTION 73. Section 44-53-445 of the 1976 Code, as last amended by Act 579 of 1990, is further amended to read:
"Section 44-53-445. (A) It is a separate criminal offense unlawful for a person to unlawfully distribute, sell, purchase, manufacture, or to unlawfully possess with intent to distribute, a controlled substance while in, or on, or within a one-half mile radius of one-half mile of the grounds of a public or private elementary, middle, or secondary school; a public playground or park; a public vocational or trade school or technical educational center; or a public or private college or university.
(B)(1) Any A person committing this act must be who violates the provisions of this section is guilty of a felony and, upon conviction, punished by a fine must be fined not to exceed more than ten thousand dollars, or by imprisonment imprisoned not to exceed more than ten years, or both.
(2) When a violation involves the distribution, sale, manufacture, or possession with intent to distribute crack cocaine, the punishment person is guilty of a felony and, upon conviction, must be a fine of fined not less than ten thousand dollars and imprisonment for imprisoned not less than ten nor more than fifteen years.
(3) When a violation involves only the purchase of a controlled substance, including crack cocaine, the punishment person is guilty of a misdemeanor and, upon conviction, must be a fine of fined not to exceed more than one thousand dollars or imprisonment for a term imprisoned not to exceed more than one year, or both.
(C) For purposes the purpose of the creation of creating inferences of intent to distribute, the inferences set out in Sections 44-53-370 and 44-53-375 apply to criminal prosecutions under this section."
SECTION 74. Section 44-55-1510 of the 1976 Code is amended to read:
"Section 44-55-1510. In counties which have cities of sixty-five thousand inhabitants or over it shall be is unlawful for any a manufacturer of acids or other distillations of a corrosive nature or of acrid odor, offensive or dangerous to human or plant life, to discharge into the air any fumes generated in the manufacture of such these acids or other similar substances without first treating such the fumes so as to render them innocuous, inoffensive, and harmless to human or plant life. A person who violation of violates this section shall constitute a misdemeanor and shall be punished is guilty of a felony, and upon conviction, in the discretion of the court must be fined in the discretion of the court or imprisoned not more than ten years, or both."
SECTION 75. Section 46-41-30 of the 1976 Code is amended to read:
"Section 46-41-30. It shall be is unlawful for any a dealer in agricultural products to engage in such that business without a state license issued by the commissioner. This requirement shall apply applies to all dealers in agricultural products who are not one of those excepted exempted by Section Sections 46-41-20 and Section 46-41-25.
(1) Any A person violating the provisions of this section shall be deemed is guilty of a misdemeanor for a first offense and, upon conviction, shall for a first offense must be fined not less than one thousand dollars or be imprisoned not less than six months more than three years, or both. and,
(2) Conviction for a second or subsequent offense, shall, upon conviction thereof, is a felony and the person must be imprisoned for not less than six months nor more than five years and be fined not exceeding more than five thousand dollars."
SECTION 76. Section 47-19-120(c) of the 1976 Code is amended to read:
"(c)(1) Any A person who forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any a person while engaged in or on account of the performance of his official duties under this chapter shall be deemed is guilty of a misdemeanor and, upon conviction, shall must be fined not more than five thousand dollars or imprisoned not more than three years, or both.
(2) Any A person who, in the commission of any such acts contained in item (1), uses a deadly or dangerous weapon is guilty of a felony and, upon conviction, shall must be fined not more than ten thousand dollars or imprisoned not more than ten years, or both."
SECTION 77. Section 55-1-30 of the 1976 Code is amended to read:
"Section 55-1-30. (1) It shall be is unlawful to remove or damage any an airport facility or equipment with malicious intent. (2) Any A person violating the provisions of this section shall be deemed is guilty of a misdemeanor felony and, upon conviction, shall must be:
(1) fined not less than one thousand dollars or imprisoned for not less than one year nor more than five years, or both.
(2) fined not less than one thousand dollars or imprisoned not more than ten years, or both, if injury results from malicious damage or removal of airport facilities or equipment.
(3) imprisoned not more than thirty years Where if death results from the malicious damage or removal of airport facilities or equipment, such person shall be deemed guilty of felony and, upon conviction, shall be sentenced to a term of from two to thirty years. Where injury results for malicious damage or removal of airport facilities or equipment, such person shall be deemed guilty of a felony and, upon conviction, shall receive such sentence as may be determined by the judge."
SECTION 78. Section 56-1-1100 of the 1976 Code, as last amended by Act 532 of 1988, is further amended to read:
"Section 56-1-1100. It is unlawful for any a person to operate any a motor vehicle in this State while the decision of the department prohibiting the operation remains in effect. Any A person found to be an habitual offender under the provisions of this article, who subsequently is thereafter convicted of operating a motor vehicle in this State while the decision of the department prohibiting the operation is in effect, is guilty of a misdemeanor felony and must be imprisoned for not less than one year nor more than five years.
For the purpose of enforcing this section, in any case in which the accused is charged with driving a motor vehicle while his driver's license or permit is suspended or revoked or is charged with driving without a license, the department, before hearing the charges, shall determine whether the person has been adjudged an habitual offender and is barred from operating a motor vehicle on the highways of this State. If the person is found to be an habitual offender, the department shall notify the solicitor or Attorney General and he shall cause the appropriate criminal charges to be lodged against the offender."
SECTION 79. Section 56-5-1030 of the 1976 Code is amended to read:
"Section 56-5-1030. (A) No person shall wilfully without lawful authority attempt to or in fact alter, deface, injure, knock down, or remove any an official traffic-control device or any a railroad sign or signal or any its inscription, shield or insignia thereon or any other part thereof inscriptions, shields, or insignia.
(B) Any A person violating the provisions of this section shall be deemed is guilty of a misdemeanor felony and, upon conviction, shall must be:
(1) fined not less than one thousand dollars or imprisoned for not less than one year nor more than five years, or both, and the. The driver's license of such a person convicted under this section must shall be revoked for a period of not less than five years. In any case where a license has not been issued, such the person shall is not be eligible to obtain a license for a period of five years from the date of conviction.
(2) fined not less than one thousand dollars or imprisoned not more than ten years if injury results.
(3) imprisoned not more than thirty years Where if death results from the violation of this section by any person, such person shall be deemed guilty of a felony and, upon conviction, shall be sentenced to a term of from two to thirty years.
Where injury results from the violation of this section by any person, such person shall be deemed guilty of a felony and, upon conviction, shall receive such sentence as may be determined by the judge."
SECTION 80. Section 57-1-60 of the 1976 Code is amended to read:
"Section 57-1-60. (A) Whoever, being a It is unlawful for a member of the State Highway Commission or engineer, agent, or other employee, acting for or in behalf of the department or commission, shall to accept or agree to accept, receive or agree to receive, or ask or solicit, either directly or indirectly, with the intent to have his decision or action on any question, matter, cause, or proceeding which at the time may be pending or which by law may be brought before him in his official capacity or in his place of trust or profit influenced, any:
(1) money;
(2) contract, promise, undertaking, obligation, gratuity or security for the payment of money or for the delivery or conveyance of anything of value;
(3) political appointment or influence, present or reward;
(4) employment; or
(5) other thing of value.
A person violating the provisions of subsection (A) is guilty of a felony and, upon conviction, must be imprisoned not more than five years and is disqualified forever from holding any office of trust or profit under the Constitution or laws of this State.
(B) and any It is unlawful for a person who shall to give or offer to give, or promise, or cause or procure to be promised, offered, or given, either directly or indirectly, to any a member of the commission or any an engineer, agent, or other employee acting for or on behalf of the commission or department with the intent to have his decision or action on any question, matter, cause, or proceeding which at the time may be pending or which by law may be brought before him in his official capacity or in his place of trust or profit influenced, any:
(a) (1) any moneys, money;
(b) (2) any contract, promise, undertaking, obligation, gratuity, or security for the payment of money or for the delivery or conveyance of anything of value,;
(c) (3) any political appointment or influence, present, or reward,;
(d) (4) any employment; or
(e) (5) any other thing of value, with the intent to have his decision or action on any question, matter, cause or proceeding which may at the time be pending or which may by law be brought before him in his official capacity or in his place of trust or profit influenced thereby,.
A person violating the provisions of subsection (B) shall be is guilty of a misdemeanor felony and, upon conviction, shall must be imprisoned in the Penitentiary not less than one nor not more than five years and shall is forever after be disqualified forever from holding any office of trust or profit under the Constitution or laws of this State."
SECTION 81. Section 58-13-740 of the 1976 Code is amended to read:
"Section 58-13-740. Whoever A person who knowingly violates, or knowingly causes, or permits the violation of any provision of this article, or knowingly transports, or causes, or permits the transportation of any explosive compound in any manner other than in conformity with the rules made by the commission, shall is guilty of a felony and, upon conviction, must be punished by a fine of fined not less than fifty dollars nor more than five thousand dollars or by imprisonment in the State prison imprisoned not exceeding more than five years."
SECTION 82. Section 58-15-820 of the 1976 Code is amended to read:
"Section 58-15-820. Whoever A person who wilfully does or causes to be done anything an action, or aids or assists an action with intent to obstruct any engine, carriage, or car passing upon a railroad or electric railway or with intent to endanger the safety of persons within these vehicles conveyed in or upon the same, or aids or assists therein, shall be punished by imprisonment in the State Penitentiary is guilty of a felony and, upon conviction, must be imprisoned not more than five years or by fine fined not exceeding more than five hundred dollars and imprisonment in the county jail not more than one year and shall forfeit to the use of the corporation for. For each offense he shall forfeit to the corporation treble the amount of damages proved to have been sustained thereby, to be recovered in an action in any a court of competent jurisdiction."
SECTION 83. Section 58-17-4100 of the 1976 Code is amended to read:
"Section 58-17-4100. Whoever A person who wilfully discharges any kind of firearms or throws any kind of missile at or into the engine or any car of a train shall be is guilty of a misdemeanor felony and, on upon conviction thereof, shall must be punished by a fine of fined not more than five hundred dollars or imprisonment for imprisoned not more than five years."
SECTION 84. Section 12-54-40(b)(6)(f)(3) of the 1976 Code is amended to read:
"(3) Wilfully removes, deposits, or conceals, or is concerned in removing, depositing, or concealing any goods or commodities for which any tax is or must be imposed, or any property upon which levying is authorized pursuant to law, with intent to evade or defeat the assessment or collection of any tax imposed by this provision of law administered by the Commission is guilty of a felony misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than three years, or both, together with the cost of prosecution."
SECTION 85. Section 16-3-410 of the 1976 Code is amended to read:
"Section 16-3-410. Whoever shall challenge It is unlawful for a person to challenge another to fight at with a sword, pistol, rapier, or any other deadly weapon or shall accept any to accept a such challenge.
A person who violates the provisions of this section is guilty of a misdemeanor shall, for every such offense, on and, upon conviction, thereof, be must be imprisoned not more than two years. A person convicted under this section is deprived of the right of suffrage, be and is disabled from holding any office of honor or trust whatever in this State and be imprisoned in the Penitentiary for a term not exceeding two years, at the discretion of the court."
SECTION 86. Section 16-9-10 of the 1976 Code is amended to read:
"Section 16-9-10. Whoever, either by the subornation, unlawful procurement, sinister persuasion or means of any other person or by his own act, consent or agreement, shall wilfully and corruptly commit any manner of wilful perjury by his deposition in any of the courts of this State or being examined ad perpetuam rei memoriam, and being thereof duly convicted, shall be fined in the sum of one hundred dollars and shall suffer imprisonment for six months, and the oath of such person shall not be received in any court of record within this State. (A) (1) It is unlawful for a person to wilfully give false, misleading, or incomplete testimony under oath in any court of record, judicial, administrative, or regulatory proceeding in this State.
(2) It is unlawful for a person to wilfully give false, misleading, or incomplete information on a document, record, report, or form required by the laws of this State.
(B) (1) A person who violates the provisions of subsection (A)(1) is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both.
(2) A person who violates the provisions of subsection (A)(2) is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than six months or fined not less than one hundred dollars, or both.
(C) A person may be convicted under this section if he induces, procures, or persuades another person to commit perjury or if he commits perjury by his own act, consent, or agreement."
SECTION 87. Section 16-9-20 of the 1976 Code is amended to read:
"Section 16-9-20. Whoever shall unlawfully and corruptly procure any witness by letters, rewards, promises, or by any other sinister and unlawful means whatsoever to commit any wilful and corrupt perjury in any matter or cause whatsoever, in suit and variance, by any writ, action, complaint or information, in any wise touching or concerning any lands, tenements or hereditaments, goods, chattels, debts or damages, in any of the courts of this State, or shall unlawfully and corruptly procure or suborn any witness who shall be sworn to testify in perpetuam rei memoriam shall be fined in the sum of two hundred dollars and shall be imprisoned for six months, unless such fine shall be sooner paid, and thenceforth shall not be received as a witness in any court of record within this State. (A) It is unlawful for a person to:
(1) wilfully induce, procure, or persuade another person by any means to commit perjury in initiating a civil action or proceeding; or
(2) wilfully induce, procure, or persuade another person to give false, misleading, or incomplete testimony while under oath in a civil action or proceeding.
(B) A person who violates the provision of this section is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than six months and fined not less than two hundred dollars."
SECTION 88. Section 16-11-140 of the 1976 Code is amended to read:
"Section 16-11-140. Any It is unlawful for a person who to (a) wilfully and maliciously sets set fire to or burns burn or causes cause to be burned, or (b) aids, counsels aid, counsel, or procures procure the burning of any:
(1) barracks, cock, crib, rick or stack of hay, corn, wheat, oats, barley, or other grain or vegetable product of any kind;
(2) field of standing hay or grain of any kind;
(3) pile of coal, wood, or other fuel;
(4) pile of planks, boards, posts, rails, or other lumber;
(5) streetcar, railway car, ship, boat, or other watercraft, or automobile or other motor vehicle; or
(6) other personal property not herein specifically named of the with a value in excess of twenty-five dollars and the property of another person;.
Shall A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, thereof must be sentenced to the Penitentiary for imprisoned not less than one nor more than three years."
SECTION 89. Section 16-11-700(E) of the 1976 Code, as last amended by Act 63 of 1991, is further amended to read:
"(E) (1) Any person who violates the provisions of this section in an amount exceeding five hundred pounds in weight or one hundred cubic feet in volume is guilty of a felony misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than one thousand dollars, or imprisoned not more than one year, or both. In addition, the court may order the violator to:
(a) remove or render harmless the litter that he dumped in violation of this subsection;
(b) repair or restore property damaged by, or pay damages for damage arising out of, his dumping litter in violation of this subsection; or
(c) perform community public service relating to the removal of litter dumped in violation of this subsection or relating to the restoration of an area polluted by litter dumped in violation of this subsection.
(2) A court may enjoin a violation of this subsection.
(3) A motor vehicle, vessel, aircraft, container, crane, winch, or machine involved in the disposal of more than five hundred pounds in weight or more than one hundred cubic feet in volume of litter in violation of this subsection is declared contraband and is subject to seizure and summary forfeiture to the State.
(4) If a person sustains damages arising out of a violation of this subsection that is punishable as a felony, a court, in a civil action for such damages, shall order the person to pay the injured party threefold the actual damages or two hundred dollars, whichever amount is greater. In addition, the court shall order the person to pay the injured party's court costs and attorney's fees.
(5) No part of a fine imposed pursuant to this section may be suspended.
(6) In addition to the fines provided for in subsections (C), (D), and (E) of this section, a fee of twenty-five dollars is assessed to all persons convicted or pleading guilty or nolo contendere for violating the provisions of this section. This fee goes to the general fund of the municipality, or if the violation occurred within an unincorporated area of the county, the fee goes to the general fund of the county and must be used to defray the cost of supervising those persons who have been ordered to do public service pursuant to the provisions of this section."
SECTION 90. Section 16-11-920 of the 1976 Code, as last amended by Act 92 of 1989, is further amended to read:
"Section 16-11-920. (A) A person convicted of an offense under who violates the provisions of Section 16-11-910 or 16-11-915 is guilty of a felony and, upon conviction, must be fined not more than two hundred fifty thousand dollars, or imprisoned for not more than five years, or both, if the offense:
(1) involves at least one thousand unauthorized articles embodying sound or sixty-five unauthorized audio visual articles during any one hundred eighty-day period; or
(2) is a second or subsequent conviction under Section 16-11-910 or 16-11-915.
(B) A person convicted under who violates the provisions of Section 16-11-910 or 16-11-915 is guilty of a felony misdemeanor and, upon conviction, must be fined not more than two hundred fifty thousand dollars or imprisoned for not more than two years, or both, if the offense involved:
(1) more than one hundred but less than one thousand unauthorized articles embodying sound during any one hundred eighty-day period; or
(2) more than ten but less than sixty-five unauthorized audio visual articles during any one hundred eighty-day period.
(C) A person convicted under who violates the provisions of Section 16-11-910 or 16-11-915 is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars for a first offense and not more than ten thousand dollars for a second or subsequent offense if the offense or both offenses involve not more than:
(1) twenty-five unauthorized articles embodying sound during any one hundred eighty-day period; or
(2) not more than ten unauthorized audio visual articles during any one hundred eighty-day period.
(D) A person convicted of any other violation who violates any other provisions of Section 16-11-910 or 16-11-915 is guilty of a felony misdemeanor and, upon conviction, must be fined not more than twenty-five thousand dollars, or imprisoned not to exceed more than one year, or both.
(E) If a person is convicted of a violation of Section 16-11-910 or 16-11-915, the court shall order the forfeiture and destruction or other disposition of all:
(1) all infringing articles;
(2) all implements, devices, and equipment used or intended to be used in the manufacture of the infringing articles.
The These penalties provided herein are not exclusive but are in addition to any other penalties provided by law."
SECTION 91. Section 16-11-940 of the 1976 Code, as added by Act 92 of 1989, is amended to read:
"Section 16-11-940. (A) A person who violates the provisions of Section 16-11-930, upon conviction, is guilty of a felony and, upon conviction, must be punished by a fine of fined not more than two hundred fifty thousand dollars or by imprisonment for imprisoned not more than five years, or both, if the offense involves at least one thousand unauthorized articles embodying sound or at least sixty-five unauthorized audio visual articles, or is a second or subsequent conviction under Section 16-11-930;
(B) A person violating the provisions of Section 16-11-930, upon conviction, is guilty of a felony misdemeanor and, upon conviction, must be punished by a fine of fined not more than two hundred fifty thousand dollars or by imprisonment for imprisoned not more than two years, or both, if the offense involves more than one hundred but less than one thousand unauthorized articles embodying sound or more than ten but less than sixty-five unauthorized audio visual articles; or
(C) A person violating the provisions of Section 16-11-930, upon conviction, is guilty of a misdemeanor and, upon conviction, must be punished by a fine of fined not more than one thousand dollars for a first offense and not more than ten thousand dollars for a second or subsequent offense if the offense or both offenses involve not more than twenty-five unauthorized articles embodying sound or not more than ten unauthorized audio visual articles; or
(D) A person violating the provisions of Section 16-11-930, upon conviction, is guilty of a felony misdemeanor and, upon conviction, must be punished by a fine of fined not more than twenty-five thousand dollars or imprisonment for imprisoned not more than one year, or both, in any other case.
(E) If a person is convicted of a violation of Section 16-11-930, the court shall order the forfeiture and destruction or other disposition of all:
(1) all infringing articles;
(2) all implements, devices, and equipment used or intended to be used in the manufacture of the infringing articles.
The penalties provided herein in this section are not exclusive and are in addition to any other penalties provided by law.
(F) Each violation of Section 16-11-930 constitutes a separate offense.
SECTION 92. Section 16-14-40(d) of the 1976 Code is amended to read:
"(d) A person falsely encodes a financial transaction card when, without authorization of the purported issuer, he records magnetically, electronically, electro-magnetically or by any other means whatsoever, information on a financial transaction card which will permit acceptance of that card by any automated banking device. Conviction of financial transaction card forgery shall be punishable as provided in Section 16-14-100(b)."
SECTION 93. Section 16-14-40 of the 1976 Code is amended by adding:
"(e) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than three thousand dollars nor more than five thousand dollars or imprisoned not more than three years, or both."
SECTION 94. Section 16-14-60 of the 1976 Code, as last amended by Act 126 of 1991, is amended to read:
"Section 16-14-60. (a) A person is guilty of financial transaction card fraud when, with intent to defraud the issuer, a person or organization providing money, goods, services, or anything else of value, or any other person, he:
(1) uses for the purpose of obtaining money, goods, services, or anything else of value a financial transaction card obtained or retained, or which was received with knowledge that it was obtained or retained, in violation of Section Sections 16-14-20 or Section 16-14-40 or a financial transaction card which he knows is forged, altered, expired, revoked, or was obtained as a result of a fraudulent application in violation of Section 16-14-40(c);
(2) obtains money, goods, services, or anything else of value by:
a. representing without the consent of the specified cardholder that he has permission to use it;
b. presenting the financial transaction card without the authorization or permission of the cardholder;
c. representing that he is the holder of a card and such the card has not in fact been issued;
d. using a financial transaction card to knowingly and wilfully exceed:
1.(i) the actual balance of a demand deposit account or time deposit account;
2.(ii) an authorized credit line in an amount which exceeds such the authorized credit line in the amount of by five hundred dollars or fifty percent of such the authorized credit line, whichever is greater, if the cardholder shall has not have paid to the issuer of the financial transaction card the total amount of the excess over the authorized credit line within ten days after notice to the cardholder by certified mail to the last known address that such the credit line has been so exceeded. Failure to pay the amount in excess of the authorized credit line after such the notice, shall be is prima facie evidence of an intent to defraud;
(3) obtains control over a financial transaction card as security for debt;
(4) deposits into his account or any account, by means of an automated banking device, a false, fictitious, forged, altered or counterfeit check, draft, money order, or any other such document not his lawful or legal property;
(5) receives money, goods, services, or anything else of value as a result of a false, fictitious, forged, altered, or counterfeit check, draft, money order, or any other such document having been deposited into an account via by means of an automated banking device, knowing at the time of receipt of the money, goods, services, or item of value that the document so deposited was false, fictitious, forged, altered, or counterfeit or that the above deposited item was not his lawful or legal property.
A person who violates the provisions of this subsection except subsection (a)(2)d. is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both, if the value of all money, goods, services, and other things of value furnished in violation of this section or if the difference between the value actually furnished and the value represented to the issuer to have been furnished in violation of this section, does not exceed five hundred dollars in any six-month period. If the value exceeds five hundred dollars in a six-month period, then, upon conviction, a person must be fined not less than three thousand dollars or more than five thousand dollars or imprisoned not more than three years, or both.
A person who violates the provisions of subsection (a)(2)d. is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both.
(b) A person who is authorized by an issuer to furnish money, goods, services, or anything else of value upon presentation of a financial transaction card by the cardholder, or any agent or employee of such person is guilty of a financial transaction card fraud when, with intent to defraud the issuer or the cardholder, he:
(1) furnishes money, goods, services, or anything else of value upon presentation of a financial transaction card obtained or retained in violation of Section 16-14-20, or a financial transaction card which he knows is forged, expired, or revoked;
(2) fails to furnish money, goods, services, or anything else of value which he represents in writing to the issuer that he has furnished.
Conviction of financial transaction card fraud as provided in subsections (a) or (b) of this section is punishable as provided in Section 16-14-100(a) A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both, if the value of all money, goods, services, and other things of value furnished in violation of this section or if the difference between the value actually furnished and the value represented to the issuer to have been furnished in violation of this section, does not exceed five hundred dollars in any six-month period. Conviction of financial transaction card fraud as provided in subsections (a) or (b) of this section is punishable as provided in Section 16-4-100(b) if If such the value exceeds five hundred dollars in any a six-month period, then, upon conviction, a person must be fined not less than three thousand dollars nor more than five thousand dollars or imprisoned not more than three years, or both. Conviction of financial transaction card fraud as provided in subsection (a)(2)d of this section is punishable as provided in Section 16-14-100(a).
(c) A person is guilty of financial transaction card fraud when, upon application for a financial transaction card to an issuer, he knowingly makes or causes to be made a false statement or report relative to his name, occupation, financial condition, assets, or liabilities; or wilfully and substantially overvalues any assets, or wilfully omits or substantially undervalues any indebtedness for the purpose of influencing the issuer to issue a financial transaction card. Conviction of financial transaction card fraud as provided in A person who violates the provision of this subsection is punishable as provided in Section 16-14-100(a) guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both.
(d) A cardholder is guilty of financial transaction card fraud when he wilfully, knowingly, and with an intent to defraud the issuer, a person or organization providing money, goods, services, or anything else of value, or any other person, submits, verbally or in writing, to the issuer or any other person, any false notice or report of the theft, loss, disappearance, or nonreceipt of his financial transaction card. Conviction of financial transaction card fraud as provided in A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be punishable as provided in Section 16-14-100(a) fined not more than one thousand dollars or imprisoned not more than one year, or both.
(e) In any prosecution for violation of Section 16-14-60, the State is not required to establish and it is no defense that some of the acts constituting the crime did not occur in this State or within one city, county, or local jurisdiction.
(f) For purposes of this section, revocation shall be is construed to include either notice given in person or notice given in writing to the person to whom the financial transaction card or personal identification code was issued. Notice of revocation shall be is immediate when notice is given in person. The sending of a notice in writing by registered or certified mail in the United States mail, duly stamped and addressed to such the person at his last address known to the issuer, shall be is prima facie evidence that such the notice was duly received after seven days from the date of the deposit in the mail. If the address is located outside the United States, Puerto Rico, the Virgin Islands, the Canal Zone, and Canada, notice shall be is presumed to have been received ten days after mailing by registered or certified mail.
(g) (1) A person who is authorized by an acquirer to furnish money, goods, services, or anything else of value upon presentation of a credit card or a credit card account number by a cardholder, or any employee of that person, who presents to the issuer or acquirer, for payment, a credit card transaction record of a sale, which sale was not made by that person or employee, violates this subsection and is subject to the penalties set forth in Section 16-14-100(b) is guilty of a misdemeanor, and upon conviction, must be fined not less than three thousand dollars nor more than five thousand dollars or imprisoned not more than three years, or both.
(2) A person without the acquirer's express authorization, employs or solicits authorized merchants, or any agent or employee of the merchant, to remit to an issuer or acquirer, for payment, a financial transaction card record of a sale, which sale was not made by the merchant, his agent, or employee, is guilty of a felony and, upon conviction, is punishable as provided in Section 16-14-100(b)."
SECTION 95. Section 16-14-70 of the 1976 Code is amended to read:
"Section 16-14-70. (a) (A) A person is guilty of criminal possession of financial transaction card forgery devices when:
(1) he is a person other than the cardholder and possesses two or more incomplete financial transaction cards, with intent to complete them without the consent of the issuer;
(2) he possesses, with knowledge of its character, machinery, plates, or any other contrivance designed to reproduce instruments purporting to be financial transaction cards of an issuer who has not consented to the preparation of such financial transaction cards.
(b) (B) A financial transaction card is incomplete if part of the matter other than the signature of the cardholder, which an issuer requires to appear on the financial transaction card before it can be used by a cardholder, has not yet been stamped, embossed, imprinted, encoded, or written upon it.
Conviction of criminal possession of financial transaction card forgery devices is punishable as provided in Section 16-14-100(b) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than three thousand dollars nor more than five thousand dollars or imprisoned not more than three years, or both."
SECTION 96. Section 16-17-470 of the 1976 Code is amended to read:
"Section 16-17-470. It shall be is unlawful for any a person to be an eavesdropper or a Peeping Tom on or about the premises of another or to go about or upon the premises of another for the purpose of becoming an eavesdropper or a Peeping Tom. The term `Peeping Tom', as used in this section, shall be is defined to be one as a person who peeps through windows, or doors, or other like places, on or about the premises of another, for the purpose of spying upon or invading the privacy of the persons spied upon and the doing of any other acts conduct of a similar nature, tending that tends to invade the privacy of such persons others. Any A person found guilty of a violation who violates the provisions of this section shall be is guilty of a felony misdemeanor and, upon conviction, shall must be punished by a fine of fined not more than five hundred dollars or shall suffer imprisonment imprisoned for not more than three years, either or both, in the discretion of the court."
SECTION 97. Section 20-7-2660 of the 1976 Code, as added by Act 453 of 1990, is amended to read:
"Section 20-7-2660. The submission of A person who submits a claim for payment or reimbursement for services or benefits pursuant to this subarticle or the making of makes a statement in connection with payment or reimbursement, which the maker he knows or should know to be false, misleading, or fraudulent, is punishable as perjury and subject to a fine of guilty of a misdemeanor. Upon conviction, the person must be fined not more than ten thousand dollars or imprisonment for imprisoned not more than two years, or both."
SECTION 98. Section 47-21-80(A) of the 1976 Code, as added by an unnumbered act of 1992 bearing ratification number 367, is amended to read:
"(A) A person violating Sections 47-21-30, 47-21-40, and 47-21-50 is guilty of a felony misdemeanor and, upon conviction, must be punished by a fine of not more than ten thousand dollars or by imprisonment for not more than three years, or both."
SECTION 99. Section 48-43-550(f) of the 1976 Code is amended to read:
"(f) Requirements that, prior to before being granted entry into any port in this State, the master of a vessel shall report :
(1) Any discharges of pollutants the vessel has had since leaving the last port;
(2) Any mechanical problem problems on the vessel which creates the possibility of a discharge;
(3) Any denial of entry into any a port during the current cruise of the vessel.
Any A person who shall make or cause makes or causes to be made any a false statement with a fraudulent intent in response to requirements of any provisions provision of this article with a fraudulent intent shall be deemed is guilty of a felony misdemeanor and, upon conviction, shall must be imprisoned for two years or fined five thousand dollars, or both."
SECTION 100. Section 16-11-510 of the 1976 Code is amended to read:
"Section 16-11-510. (A) Whoever shall It is unlawful for a person to wilfully, unlawfully and maliciously 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, or the goods and chattles chattels of another, shall be.
(B) A person who violates the provisions of this section is guilty of a:
(1) misdemeanor felony and, upon conviction thereof, shall must be fined in the discretion of the court or imprisoned, at 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 ten years, or both, if the value of the property is one thousand dollars or more.
(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the value of the property is more than two hundred dollars but less than one thousand dollars.
(3) misdemeanor triable in magistrate's court if the injury or loss of property is two hundred dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury."
SECTION 101. Section 16-11-520 of the 1976 Code is amended to read:
"Section 16-11-520. (A) Whoever shall It is unlawful for a person to wilfully, unlawfully, and maliciously cut, mutilate, deface, or otherwise injure any a tree, house, outside fence, or fixture of another or commit any other trespass upon real property in the possession of another shall be.
(B) A person who violates the provisions of this section is guilty of a:
(1) misdemeanor felony and, upon conviction thereof, shall must be fined in the discretion of the court and or imprisoned, at the discretion of the judge before whom the case shall be tried; provided, that when the damage to such property 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 of the grand jury not more than ten years if the amount of injury or damage to the property is one thousand dollars or more;.
(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years if the amount of injury or damage to the property is more than two hundred dollars but less than one thousand dollars.
(3) misdemeanor triable in magistrate's court if the amount of injury or damage to the property is two hundred dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment of the grand jury."
SECTION 102. Section 16-13-10 of the 1976 Code is amended to read:
"Section 16-13-10. (A) Whoever shall be convicted It is unlawful for a person to:
(a) of (1) falsely making, forging or counterfeiting, causing or procuring make, forge, or counterfeit; cause or procure to be falsely made, forged, or counterfeited; or wilfully acting or assisting act or assist in the false making, forging, or counterfeiting of any writing or instrument of writing,;
(b) of (2) uttering or publishing utter or publish as true any false, forged, or counterfeited writing or instrument of writing,;
(c) of (3) falsely making, forging, counterfeiting, altering, changing, defacing or erasing or causing or procuring make, forge, counterfeit, alter, change, deface, or erase; or cause or procure to be falsely made, forged, counterfeited, altered, changed, defaced, or erased any record or plat of land; or
(d) of (4) willingly acting or assisting act or assist in any of the premises, with an intention to defraud any person,.
(B) A person who violates the provisions of this section is shall be guilty of forgery and shall be shall be sentenced to be imprisoned not less than one year nor more than seven years and also to pay such fine as may be judged expedient, at in the discretion of the judge who may try the case; provided, that if the amount obtained or sought to be obtained upon the forged instrument be less than twenty dollars, the punishment shall be within the discretion of the judge a:
(1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years if the amount of the forgery is one thousand dollars or more.
(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years if the amount of the forgery is more than two hundred dollars but less than one thousand dollars. If the forgery does not involve a dollar amount, the person is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years.
(3) misdemeanor triable in magistrate's court if the amount of the forgery is two hundred dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment of the grand jury."
SECTION 103. Section 16-13-30 of the 1976 Code is amended to read:
"Section 16-13-30. (A) Any simple Simple larceny of any article of goods, choses in action, bank bills, bills receivable, chattels, or other article 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 has a value of less than two hundred dollars or less, shall be is petit larceny, a misdemeanor, and considered petit larceny, shall be triable in the magistrate's court. and the punishment shall Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury.
(B) Larceny of goods, chattels, instruments, or other personalty valued in excess of two hundred dollars is grand larceny. Upon conviction, the person is guilty of a felony and must be fined in the discretion of the court or imprisoned not more than:
(1) five years if the value of the personalty is more than two hundred dollars and less than one thousand dollars.
(2) ten years if the value of the personalty is one thousand dollars or more."
SECTION 104. Section 16-13-40 of the 1976 Code is amended to read:
"Section 16-13-40. The stealing It is unlawful for a person to steal or taking take by robbery of any a bond, warrant, bill, or promissory note for the payment or securing the payment of any money belonging to another. , being the property of any other person, notwithstanding any of such instruments are termed in law choses in action, shall be deemed and construed to be a felony.
A person who violates the provisions of this section is guilty of a:
(1) misdemeanor triable in magistrate's court if the instrument stolen or taken be of or above has a the value of twenty two hundred dollars or less and a misdemeanor if such instrument be below the value of twenty dollars. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment of indictment by the grand jury.
(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years if the value of the instrument stolen or taken is more than two hundred dollars but less than one thousand dollars.
(3) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years if the instrument stolen or taken has a value of one thousand dollars or more.
Any such offender shall suffer such punishment as if he had stolen other goods of the like value with the moneys due on such bond, warrant, bill or note, respectively, or secured thereby and remaining unsatisfied."
SECTION 105. 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:
(a) (1) For the first offense be imprisoned for a period of not less than three months nor more than felony and, upon conviction, must be imprisoned not more than ten years or be fined not more than twenty-five hundred dollars, or both, in the discretion of the court if the value of the livestock is one thousand dollars or more;.
(b) (2) For the second offense be imprisoned for a period of not less than one year nor more than fifteen felony and, upon conviction, must be imprisoned not more than five years or be fined not more than twenty-five hundred dollars, or both, in the discretion of the court if the value of the livestock is more than two hundred dollars but less than one thousand dollars; and
(c) For a subsequent offense be imprisoned for a period of not less than five years nor more than twenty-five years.
(3) Provided, that if misdemeanor triable in magistrate's court if the value of such property stolen is less than fifty dollars the case shall be triable in magistrate's court and the punishment shall be the livestock is two hundred dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury.
Any A motor vehicle or other chattel used by or found in possession of any a person engaged in the commission of the above a crime under this section is shall be subject to confiscation and shall must be confiscated and sold under the provisions of Section 27-21-10."
SECTION 106. Section 16-13-70 of the 1976 Code is amended to read:
"Section 16-13-70. (A) Whoever shall It is unlawful for a person to steal, take away, or let loose any boat, piragua, or canoe; or steal or take away any grappling, painter, rope, sail, or oar from any landing or place whatsoever where the owner or person in whose service or employ the thing stolen, taken away, or let loose was last attached had made fast or laid the same, except boats or canoes let loose from another boat, canoe, or vessel, shall be liable to such fine as the court of general sessions shall impose in its discretion if the matter of fact be felony or larceny and.
(B) A person who violates the provisions of this section is guilty of a:
(1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years if the value of the property is one thousand dollars or more.
(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years if the value of the property is more than two hundred dollars but less than one thousand dollars.
(3) misdemeanor triable in magistrate's court if the value of the property is two hundred dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury.
In addition to the punishment specified in this section, the person must make good to the person injured all damages he shall sustain sustained and, if the matter be a trespass only, the person committing such the offense shall make good to the person injured all damages that may accure accrued thereby and moreover forfeit and pay for every time he shall be found guilty the sum of twenty dollars, one moiety thereof to be paid to the State Treasurer for the public use and the other moiety to him or them that will sue and prosecute for the same in any court of competent jurisdiction in this State, besides his charges therein expended; provided, that when the boat, piragua, canoe, grappling, painter, rope, sail or oar or any or all of them so taken away, stolen or let loose shall be of the value of less than fifty dollars the cause shall be 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. Such punishment shall be in lieu of the penalties prescribed in this section."
SECTION 107. Section 16-13-110 of the 1976 Code is amended to read:
"Section 16-13-110. (A) A person is guilty of shoplifting if he:
(1) takes possession of, carries away, transfers from one person to another or from one area of a store or other retail mercantile establishment to another area, or causes to be carried away or transferred any merchandise displayed, held, stored, or offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the possession, use, or benefit of such the merchandise without paying the full retail value.
(2) alters, transfers, or removes any label, price tag marking, indicia of value, or any other markings which aid in determining value affixed to any merchandise displayed, held, stored, or offered for sale in a store or other retail mercantile establishment and attempts to purchase such the merchandise personally or in consort with another at less than the full retail value with the intention of depriving the merchant of the full retail value of such the merchandise.
(3) transfers any merchandise displayed, held, stored, or offered for sale by any store or other retail mercantile establishment from the container in which it is displayed to any other container with intent to deprive the merchant of the full retail value.
(B) Any A person who violating violates the provisions of this section shall be deemed is guilty of a:
(1) misdemeanor and, upon conviction, shall must be punished in accordance with the following: (1) By a fine of fined not more than six hundred dollars or imprisonment for imprisoned not more than six months thirty days, or both, for the first offense. If if the value of the shoplifted merchandise is less than fifty two hundred dollars or less, the punishment must be a fine of not more than two hundred dollars or imprisonment for not more than thirty days.
(2) By a fine of felony and, upon conviction, must be fined not more than one thousand dollars or imprisonment for imprisoned not more than one year five years, or both, for a second offense if the value of the shoplifted merchandise is more than two hundred dollars but less than one thousand dollars.
(3) By imprisonment for felony and, upon conviction, must be imprisoned not less than one year nor more than five ten years for a third or subsequent offense if the value of the shoplifted merchandise is one thousand dollars or more."
SECTION 108. 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 stolen goods, chattels, or other property. A person is guilty of this offense whether or not anyone is convicted of the theft of the property. Any A person who violating violates the provisions of this section may must be punished as follows is guilty of a:
(1) misdemeanor triable in magistrate's court if the value of the property is two hundred dollars or less, by a fine not to exceed two hundred dollars, or by imprisonment for not more than thirty days. The offense shall be triable in magistrate's court. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury.
(2) felony and, upon conviction, must be fined not less than one thousand dollars or imprisoned not more than five years if the value of the property exceeds is more than 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 a misdemeanor.
(3) For a second offense of Section 16-13-180(1) or (2), or felony and, upon conviction, must be fined not less than two thousand dollars or imprisoned not more than ten years if the value of the property exceeds is one thousand dollars or more, 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 a felony.
(4) for a third or subsequent offense, by imprisonment for not less than ten years; provided, however, no part of the minimum sentence may be suspended.
(5) for For the purposes of this section, the receipt of multiple items in a single transaction or event shall constitute constitutes a single offense."
SECTION 109. Section 16-13-210 of the 1976 Code is amended to read:
"Section 16-13-210. All officers and It is unlawful for an officer or other persons person charged with the safekeeping, transfer, and disbursements disbursement of any public funds who shall to embezzle the same shall be these funds. A person who violates the provisions of this section is guilty of a:
(1) felony and, upon conviction thereof, shall must be punished by fine and imprisonment fined, in the discretion of the court, such fine and imprisonment to be proportioned to the amount of the embezzlement and imprisoned not more than ten years if the amount of the embezzled funds is one thousand dollars or more.
(2) felony and, upon conviction, must be fined, in the discretion of the court, to be proportioned to the amount of embezzlement and imprisoned not more than five years if the amount of the embezzled funds is more than two hundred dollars but less than one thousand dollars.
(3) misdemeanor triable in magistrate's court if the amount of the embezzled funds is two hundred dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury.
The person convicted of such a felony shall be is disqualified from ever holding any office of honor or emolument in this State; provided, however, but that the General Assembly, by a two-thirds vote, may remove any such this disability upon payment in full of the principal and interest of the sum embezzled."
SECTION 110. Section 16-13-230 of the 1976 Code is amended to read:
"Section 16-13-230. (A) Any A person committing a breach of trust with a fraudulent intention shall be held guilty of larceny and so shall or any a person who shall hire or counsel hires or counsels any other another person to commit a breach of trust with a fraudulent intention is guilty of larceny.
(B) A person who violates the provisions of this section is guilty of a:
(1) misdemeanor triable in magistrate's court if the amount is two hundred dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury.
(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years if the amount is more than two hundred dollars but less than one thousand dollars.
(3) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years if the amount is one thousand dollars or more."
SECTION 111. 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 a person of such that property shall be is guilty of a:
(1) misdemeanor felony 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 three more than ten years; provided, that if the sum in the written instrument or the value of the property so obtained does not exceed 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 of the grand jury is one thousand dollars or more.
(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years if the value of the property is more than two hundred dollars but less than one thousand dollars.
(3) misdemeanor triable in magistrate's court if the value of the property is two hundred dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment of the grand jury."
SECTION 112. 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 or get obtains or 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 false token or counterfeit letter made in any other another person's name shall, upon conviction thereof, suffer such imprisonment as the court may adjudge; provided, that when the money, goods, chattels and other things so obtained do not exceed in value fifty dollars, then the offense may be tried in the magistrate's court. Punishment shall be not more than is permitted by law without presentment or indictment by the grand jury is guilty of a:
(1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the value of the property is one thousand dollars or more.
(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the value of the property is more than two hundred dollars but less than one thousand dollars.
(3) misdemeanor triable in magistrate's court if the value of the property is two hundred dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury."
SECTION 113. Section 16-13-420 of the 1976 Code is amended to read:
"Section 16-13-420. (A) Any A person having any motor vehicle, trailer, appliance, equipment, or tool in his possession or under his control by virtue of a lease or rental agreement who is guilty of larceny if he:
(1) 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
(2) 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 guilty of larceny.
Provided, that the The provisions of this section shall do not apply to lease-purchase agreements or conditional sales type contracts.
(B) A person who violates the provisions of this section is guilty of a:
(1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the value of the rented or leased item is one thousand dollars or more.
(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the value of the rented or leased item is more than two hundred dollars but less than one thousand dollars.
(3) misdemeanor triable in magistrate's court if the value of the rented or leased item is two hundred dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury."
SECTION 114. Section 16-13-425 of the 1976 Code, as last amended by Act 485 of 1988, is further amended to read:
"Section 16-13-425. Any A person having a video or cassette tape in his possession or under his control by virtue of a lease or rental agreement, the original dollar amount of which is two hundred dollars or less, who wilfully and fraudulently fails to return the video or cassette tape within seventy-two hours after the lease or rental agreement has expired, or who fraudulently secretes or appropriates this property to any use or purpose not within the due and lawful execution of his lease or rental agreement is guilty of:
(1) petit larceny which is also triable and punishable as such if the dollar amount of the video or cassette tape lease or rental agreement is two hundred dollars or less. Upon conviction, the person must be fined or imprisoned as provided for petit larceny.
(2) grand larceny and, upon conviction, must be fined in the discretion of the court or imprisoned not less than five years Where the original if the dollar amount of the video or cassette tape lease or rental agreement is more than two hundred dollars but less than one thousand dollars, the person committing this offense is guilty of grand larceny which is triable and punishable as such.
(3) grand larceny and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years if the original dollar amount of the video or cassette tape lease or rental agreement is one thousand dollars or more."
SECTION 115. Section 16-13-430 of the 1976 Code is amended to read:
"Section 16-13-430. (A) It shall be is unlawful for any a person to:
(1) obtain, attempt to obtain, aid, abet, or assist any person to obtain, by means of a false statement or representation, false impersonation, fictitious transfer, conveyance, or other fraudulent device, food stamps or coupons to which an applicant is not entitled or a greater amount of food stamps or coupons than that which an applicant is justly entitled; or
(2) to acquire, possess, use, or transfer food stamps or coupons except as authorized by law and the rules and regulations of the United States Department of Agriculture relating to such these matters.
(B) It shall further be is unlawful for any a person to acquire or transfer food stamps or coupons except in exchange for food or food products for human consumption, which shall do not be construed as including include alcoholic beverages, tobacco, beer, or wine.
(C) Any A person who violates the provisions of this section shall be deemed is guilty of a:
(1) misdemeanor felony and upon conviction shall, if the amount of food stamps fraudulently acquired or used are of a value of less than one thousand dollars or more,. Upon conviction, the person must be fined not more than five hundred thousand dollars or imprisoned for not more than one year ten years, or both, and.
(2) felony if the amount of food stamps exceeds is more than two hundred dollars but less than one thousand dollars, such person shall be deemed guilty of a felony and upon. Upon conviction, shall the person must be fined not more than five thousand hundred dollars or imprisoned for not more than five years, or both.
(3) misdemeanor triable in magistrate's court if the amount of food stamps is two hundred dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury.
(D) Any A mercantile establishment which allows purchases of prohibited items in exchange for food stamps or coupons or currency of the United States shall must be disqualified from participation in the food stamp program for a period not to exceed two years and fined not more than five thousand dollars, or both."
SECTION 116. Section 16-21-80 of the 1976 Code is amended to read:
"Section 16-21-80. A person not entitled to the possession of a vehicle who receives, possesses, conceals, sells, or disposes of it, knowing it to be stolen or converted under circumstances constituting a crime, is guilty of a misdemeanor felony. and punishable under subsection (1) of S 16-21-130 Upon conviction, the person must be imprisoned not more than:
(1) five years if the value of the vehicle is less than one thousand dollars.
(2) ten years if the value of the vehicle is one thousand dollars or more."
SECTION 117. Section 38-55-170 of the 1976 Code, as last amended by Act 148 of 1989, is further amended to read:
"Section 38-55-170. Any A person who knowingly causes to be presented to an insurer transacting business in this State a false claim for payment, or who knowingly assists, solicits, or conspires with another to present a false claim for payment, is guilty of a:
(1) felony if the amount of the claim is one thousand dollars or more and, upon. Upon conviction, the person must be imprisoned for not more than five ten years or fined not more than five thousand dollars, or both.
(2) felony if the amount of the claim is more than two hundred dollars but less than one thousand dollars. Upon conviction, the person must be fined in the discretion of the court or imprisoned not more five years, or both.
(3) misdemeanor triable in magistrate's court if the amount of the claim is two hundred dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury."
SECTION 118. Section 46-1-20 of the 1976 Code is amended to read:
"Section 46-1-20. Whoever shall steal A person who steals from the field any grain, cotton, or vegetables, whether severed from the freehold or not, shall be is guilty of a:
(1) misdemeanor felony and, on upon conviction, thereof shall must be punished by imprisonment imprisoned for not more than five ten years or by fine of fined not more than five hundred dollars,if the value of the crop is one thousand dollars or more.
(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years if the value of the crop is more than two hundred dollars but less than one thousand dollars.
(3) misdemeanor triable in magistrate's court if the value of the crop is two hundred dollars or less. Upon conviction, the person must except that when the amount stolen shall not exceed ten dollars in value the punishment shall be by imprisonment for fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury thirty days nor less than twenty days or by a fine of not more than one hundred nor less than fifty dollars."
SECTION 119. Section 46-1-40 of the 1976 Code is amended to read;
"Section 46-1-40. Whoever shall steal A person who steals tobacco plants, whether severed from the freehold or not, from any tobacco plant beds shall be deemed is guilty of a:
(1) misdemeanor felony and, on upon conviction thereof, shall must be punished by imprisonment for imprisoned not more than five ten years or by fine of fined not more than five hundred dollars if the value of the tobacco plants is one thousand dollars or more;.
(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years if the value of the tobacco plants is more than two hundred dollars but less than one thousand dollars.
(3) misdemeanor triable in magistrate's court except that when if the value of the tobacco plants does not exceed twenty is two hundred dollars or less. Upon conviction, the punishment shall person must be by imprisonment fined or imprisoned for not more than thirty days or by a fine of not more than one hundred dollars is permitted by law without presentment or indictment by the grand jury."
SECTION 120. Section 46-1-60 of the 1976 Code is amended to read:
"Section 46-1-60. (A) Any It is unlawful for a person engaged in the business of buying cotton, corn, rice, or similar commodities, either on his own account or for others, who shall buy such on sale to buy commodities from a planter, commission merchant, or any other person for cash and shall fail or refuse to pay for it and make away with or dispose of it before he shall have has paid therefor shall be deemed for it.
(B) A person who violates the provisions of this section is guilty of fraud and embezzlement and shall be liable, on conviction, to be imprisoned in the Penitentiary for a term of not less than one year nor more than five years, at the discretion of the court. a:
(1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the sale amount of the commodities is one thousand dollars or more.
(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both if the sale amount of the commodities is more than two hundred dollars but less than one thousand dollars.
(3) misdemeanor triable in magistrate's court if the sale amount of the commodities is two hundred dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury."
SECTION 121. Section 46-1-70 of the 1976 Code is amended to read:
"Section 46-1-70. (A) Any It is unlawful for a factor or commission merchant who shall to receive from any a planter any cotton, rice, or other agricultural produce for sale and shall:
(1) sell such the produce and fail to pay over the net proceeds thereof to the planter on demand;
(2) apply the produce to his own use and benefit; or
(3) fail to account for the produce in a satisfactory manner if unsold;.
(B) Shall be guilty of fraud and embezzlement and, on conviction thereof, shall be imprisoned in the Penitentiary not less than one year nor more than five years, at the discretion of the court. A person who violates the provisions of this section is guilty of a:
(1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the sale amount of the commodities is one thousand dollars or more.
(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the sale amount of the commodities is more than two hundred dollars but less than one thousand dollars.
(3) misdemeanor triable in magistrate's court if the sale amount of the commodities is two hundred dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury."
SECTION 122. Section 49-1-50 of the 1976 Code, as last amended by Act 190 of 1989, is further amended to read:
"Section 49-1-50. (A) No person may sell any drifted lumber or timber, not the property of the person, without first advertising the sale of it at public auction at least three times and at least three days prior to before the date of the sale in the newspaper having the greatest circulation in the county in which the drifted lumber or timber is found and taken, giving an accurate description of any and all marks by which the lumber or timber may be identified.
(B) If a It is unlawful for a person to:
(1) sells sell any drifted lumber or timber without having first advertised the sale; or
(2) fails fail to pay the proceeds of the sale to the owner on application, after deducting the expenses,; or
(3) if a person having advertised advertise a sale and then refuses refuse to deliver any drifted lumber or timber claimed by the rightful owner, prior to before the date of the sale after the owner has offered to pay reasonable salvage expenses, he may be indicted for a misdemeanor and fined or imprisoned in the discretion of the court.
(C) A person who violates the provisions of this section is guilty of a:
(1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the value of the lumber or timber is one thousand dollars or more.
(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the value of lumber or timber is more than two hundred dollars but less than one thousand dollars.
(3) misdemeanor triable in magistrate's court if the value of the lumber or timber is two hundred dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury.
(D) A person who purchases drifted lumber or timber that has not been advertised as provided may be indicted as a receiver of stolen goods and must be fined or imprisoned in the discretion of the court as provided in Section 16-13-180."
SECTION 123. Section 2-17-140 of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"Section 2-17-140. If an alleged violation is found to be groundless by the Secretary of State, the entire matter must be stricken from public record. If the Secretary of State finds that the complaining party wilfully filed a groundless complaint, the finding must be reported to the Attorney General. The wilful filing of a groundless complaint by a person with the Secretary of State is a misdemeanor, and the person filing a complaint, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year. In lieu of the criminal penalty provided by this section, a civil penalty of not more than one thousand dollars may be assessed against the complainant upon proof, by a preponderance of the evidence, that the filing of the complaint was wilful and without just cause or with malice."
SECTION 124. Section 4-11-130 of the 1976 Code is amended to read:
"Section 4-11-130. It shall be is unlawful for any an officer, clerk, or other person charged with disbursements of county funds appropriated by the General Assembly to exceed the amounts and purposes stated in such the appropriation or to change or shift appropriations from one item to another; provided, that transfers. Transfers may be authorized by the General Assembly in any county appropriation act. Any An officer, clerk, or other person violating the provisions of this section shall be is guilty of malfeasance in office, and the Governor may, upon his attention being brought to such violation, at once suspend such the officer and shall investigate his conduct, and such officer shall be. Upon conviction, the person is guilty of a misdemeanor and, upon conviction thereof, shall must be fined in the discretion of the court or imprisoned within the discretion of the court not more than three years."
SECTION 125. Section 4-17-70 of the 1976 Code is amended to read:
"Section 4-17-70. If any It is unlawful for a person shall to wilfully injure or destroy any part of any a courthouse or jail in this State or the enclosures of the same, or any part thereof, such person shall be liable to be indicted for such offense and its interior.
A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned at the discretion of the court not more than three years."
SECTION 126. Section 5-21-30 of the 1976 Code is amended to read:
"Section 5-21-30. (A) No It is unlawful for a municipal officer shall to take a contract to perform work or furnish material for the municipal corporation of which he is an officer and no such officer shall or receive any compensation on any such contract except that:
(1) in cities of over thirty thousand inhabitants such contracts may be allowed by the unanimous vote of the city council upon each specific contract, such the vote to be taken by yeas and nays and entered upon the council's journal; and
(2) Any a municipal officer may enter into such a contract whenever the contract is awarded to him as low bidder after a public call for bids and such the contract be is allowed by the unanimous vote of the city or town council upon each particular contract, such the vote to be taken by yeas and nays and entered upon the council's minutes.
(B) Any A person violating the provisions of this section shall be is guilty of a misdemeanor and, upon conviction thereof, shall must be punished by fine or imprisonment, fined in the discretion of the court or imprisoned not more than three years before whom such conviction is had."
SECTION 127. Section 5-21-40 of the 1976 Code is amended to read:
"Section 5-21-40. All A municipal officers officer depositing funds at interest in any a bank or other depository shall account to the municipality for all interest collected on such the deposits. Any violation A person violating the provisions of this section shall be is guilty of a misdemeanor, punishable by fine or imprisonment, and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years."
SECTION 128. Section 6-7-800 of the 1976 Code is amended to read:
"Section 6-7-800. The governing authorities of municipalities or counties may provide for the enforcement of any an ordinance or resolution adopted pursuant to the provisions of this chapter by means of the withholding of permits and for such purpose. The governing authority may establish and fill the position of building official or other administrative officer, as appropriate, individually or jointly, when no such position presently exists. From and after the establishment of such position and the filling of the same under Once the position has been established and filled pursuant to the provisions of this chapter, it shall be is unlawful to construct, reconstruct, alter, change the use of, or occupy any land, building, or other structure without first obtaining the appropriate permit from such the building official; and such. The building official shall not issue any a permit unless the requirements of this chapter and of any ordinance or resolution adopted pursuant to it are complied with have been met. A violation of any person who violates an ordinance or resolution adopted pursuant to the provisions of this chapter is hereby declared to be guilty of a misdemeanor under the laws of the State and, upon conviction thereof, an offender shall must be punished in the discretion of the court fined in the discretion of the court or imprisoned not more than three years, or both.
In case any a building or structure is or is proposed to be erected, constructed, reconstructed, altered, converted, or maintained, or any a building, structure, or land is or is proposed to be used in violation of any an ordinance or resolution adopted pursuant to this chapter, the building official or other appropriate administrative officer, municipal or county attorney, or other appropriate authority of the municipality or county, or any an adjacent or neighboring property owner who would be specially damaged by such the violation, may in addition to other remedies, institute injunction, mandamus, or other appropriate action or proceeding to prevent such the unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use; or to correct or abate the violation,; or to prevent the occupancy of the building, structure, or land. Each day such the unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use continues shall be deemed it is considered a separate offense."
SECTION 129. Section 6-7-1080 of the 1976 Code is amended to read:
"Section 6-7-1080. The It is unlawful for an owner or agent of the owner of any land to be subdivided within the municipality or county or his agent who transfers to transfer, or sells sell, or agrees agree to sell, or negotiates to sell such negotiate the sale of land by reference to, or exhibition of, or by other use of a plat of subdivision of such land before such the plat has been approved by the planning commission and recorded in the office of the clerk of the court in and for the county,.
A person who violates the provisions of this section shall be is guilty of a misdemeanor and, upon conviction thereof, shall must be punished in the discretion of the court; and the fined in the discretion of the court or imprisoned not more than three years, or both. The description of metes and bounds in the instrument of transfer or other document used in the process of selling or transfer shall does not exempt the transaction from these penalties. The municipality or county may enjoin such the transfer, or sale, or agreement by appropriate action."
SECTION 130. Section 6-7-1110 of the 1976 Code is amended to read:
"Section 6-7-1110. A local planning commission created under the provisions of this chapter shall, by proper certificate, approve by proper certificate and authorize the name of any a street or road laid out after July 3, 1967 within the territory over which such commission has its jurisdiction. It shall be unlawful for any person in laying out any new street or road to name such street or road on any plat, by any marking or in any deed or instrument without first getting the approval of the planning commission. Any person violating this provision shall be guilty of a misdemeanor and, upon conviction, shall be punished in the discretion of the court.
Any such The commission may, after reasonable notice through a newspaper having general circulation wherein the commission is created and exists within its jurisdiction, may recommend to the appropriate governing authority a change in the name of any a street or road within the boundary of its territorial jurisdiction if:
(a) (1) when there is duplication of names or other conditions which tend to confuse the traveling public or the delivery of mail, orders, or messages,;
(b) (2) when it is found that a change may simplify marking or giving of directions to persons seeking to locate addresses; or
(c) (3) upon any other good and just reason that may appear appears to the commission.
On such name being changed, after After reasonable opportunity for a public hearing, if the governing authority decides to change the name, it shall issue its a certificate designating the change, which shall must be recorded in the office of the register of mesne conveyances or clerk of court, and the. The name so as changed and certified shall thereafter be becomes the legal name of the street or road.
It is unlawful for a person in laying out a new street or road to name it on a plat by any marking, or in a deed or instrument without first getting the approval of the planning commission. A person who violates this provision is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than three years or fined in the discretion of the court."
SECTION 131. Section 7-25-10 of the 1976 Code is amended to read:
"Section 7-25-10. Any It is unlawful for a person convicted of false swearing to falsely swear in the making of an application for registration under this chapter. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, shall must be punished as for a misdemeanor fined in the discretion of the court or imprisoned not more than three years, or both."
SECTION 132. Section 7-25-20 of the 1976 Code is amended to read:
"Section 7-25-20. Any It is unlawful for a person who shall to fraudulently:
(1) procure the registration of a name on the books of registration,;
(2) shall fraudulently offer or attempt to vote such that name or names, or;
(3) shall fraudulently offer or attempt to vote in violation of this title or under any false pretense as to any circumstances affecting his qualifications to vote; or
(4) shall fraudulently aid, counsel, or abet another in so doing, either as to such fraudulent registration or fraudulent offer or attempt to vote, shall be.
A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, shall must be punished by a fine of fined not less than one hundred dollars nor more than five hundred dollars or be imprisoned for a period of not less than thirty nor more than ninety days one year, or both, at the discretion of the court."
SECTION 133. Section 7-25-60 of the 1976 Code is amended to read:
"Section 7-25-60. (A) It is unlawful for If at any election, general, special or primary, any a person shall at any election to:
(1) procure, or offer or propose to procure, another, by the payment, delivery, or promise of money or other article of value, to vote for or against any particular candidate or measure; or
(2) shall vote, offer, or propose to vote for or against any particular candidate or measure for the consideration of money or other article of value paid, delivered, or promised, vote or offer or propose to vote for or against any particular candidate or measure, such person shall be.
(B) A person who violates the provisions of this section is guilty of a misdemeanor and, upon. Upon conviction thereof, shall the person must be fined in the discretion of the court and imprisoned, at the discretion of the court not more than three years."
SECTION 134. Section 7-25-70 of the 1976 Code is amended to read:
"Section 7-25-70. At or before every election, general, special or primary, any It is unlawful for a person who shall, by threats or any other form of intimidation, to procure, or offer, or promise to endeavor to procure another to vote for or against any particular candidate in such any election. A person who violates the provisions of this section is shall be guilty of a misdemeanor and, upon conviction, shall must be fined not less than one hundred dollars nor more than five hundred dollars or be imprisoned at hard labor for not less than one month nor more than six months three years, or be punished both by such fine and such imprisonment, in the discretion of the court."
SECTION 135. Section 7-25-100 of the 1976 Code is amended to read:
"Section 7-25-100. (A) In It is unlawful in any election, general, special or primary, any for a voter who shall to:
(a) (1) except as provided by law, allow his ballot to be seen by any a person, except as provided by law;
(b) (2) take, or remove, or attempt to take or remove any a ballot from the polling place before the close of the polls,;
(c) (3) place any a mark upon his ballot by which it may be identified,;
(d) (4) take into the election booth any a mechanical device to enable him to mark his ballot; or
(e) (5) remain longer than the specified time allowed by law in the booth or compartment after having been notified that his time has expired and requested by a manager to leave the compartment or booth.
(B) It is unlawful for and any a person who shall to:
(a) (1) interfere with any a voter who is inside of the polling place or is marking his ballot,;
(b) (2) unduly influence or attempt to influence unduly any a voter in the preparation of his ballot,;
(c) (3) endeavor to induce any a voter to show how he marks or has marked his ballot; or
(d) (4) aid or attempt to aid any a voter by means of any mechanical device whatever in marking his ballot.
(C) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, shall must be fined not exceeding more than one hundred dollars or be imprisoned not exceeding thirty days more than one year."
SECTION 136. Section 7-25-110 of the 1976 Code is amended to read:
"Section 7-25-110. If any It is unlawful for a person qualified by the Constitution and laws of this State to vote at any general, special, or primary election for a member of the Congress of the United States, members of the General Assembly, sheriff, clerk, judge of probate or any other county officer, mayor and aldermen of any city or intendant and wardens of any incorporated town or at any other election, whether general, special or primary, held within this State shall an office whether local, state, or federal to vote more than once at such election, for the same office, such. A person who so voting more than once shall be fined or imprisoned at the discretion of the judge before whom the case shall be tried violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years."
SECTION 137. Section 7-25-120 of the 1976 Code is amended to read:
"Section 7-25-120. It shall be is unlawful for any a person to impersonate or attempt to impersonate another person for the purpose of voting in any election, a general, special, or primary election, of this State, whether municipal or State. Any A person violating any of who violates the provisions of this section shall is guilty of a misdemeanor and, upon conviction, must be imprisoned at hard labor for a period of not less than three months nor more than twelve months three years or by a fine of fined not less than three hundred dollars nor more than twelve hundred dollars, or both, at the discretion of the court. When such a person who violates the provisions of this section is placed under bond, such the bond shall may not be in a sum not less than six hundred dollars nor more than twelve hundred dollars."
SECTION 138. Section 7-25-160 of the 1976 Code is amended to read:
"Section 7-25-160. Any A manager at any election, general, special, or primary election, in this State who shall be guilty of wilfully violating violates any of the duties devolved by law upon such position shall be is guilty of a misdemeanor and, upon conviction thereof, shall must be punished by a fine fined not to exceed more than five hundred dollars or imprisonment imprisoned not to exceed six months more than three years. And any A manager who shall be guilty of commits fraud or corruption in the management of such election shall be is guilty of a misdemeanor and, upon conviction thereof, shall must be fined in a sum not to exceed more than five hundred dollars or imprisoned for a term not to exceed six months more than three years, or both, in the discretion of the court."
SECTION 139. Section 7-25-170 of the 1976 Code is amended to read:
"Section 7-25-170. If any An officer, other than a manager at any election, on whom any a duty is imposed by this title, except under Section 7-13-1170, Articles 1 and 3 of Chapter 17 and Chapters 19 and 23 of this title, shall be guilty of any wilful neglect of who wilfully neglects such duty or of any engages in corrupt conduct in executing it and be thereof convicted, he shall be is guilty of a misdemeanor punishable by fine and, upon conviction, must be fined not exceeding more than five hundred dollars or imprisonment at hard labor imprisoned not exceeding one year more than three years."
SECTION 140. Section 8-1-30 of the 1976 Code is amended to read:
"Section 8-1-30. Any It is unlawful for an officer, whose duty it is to certify to the mileage of any juror, witness, or other person required to attend court or to travel to perform any legal duty, who shall to knowingly allow any a claim for mileage otherwise other than as prescribed by law.
A person who violates the provisions of this section shall be is guilty of a misdemeanor and, upon. Upon conviction, the officer shall must be punished by fine or imprisonment fined in the discretion of the court or imprisoned not more than one year, or both, in the discretion of the court, and shall, whether indicted criminally or not, be. The officer is liable to in a civil action to pay to the county as a penalty for the benefit of the county a sum equal to ten times the amount which the county may lose by reason of such the excess payment for mileage in excess of that allowed by law."
SECTION 141. Section 8-9-10 of the 1976 Code is amended to read:
"Section 8-9-10. Whenever any A person shall be removed from office or the whose elected or appointed term for which he shall have been elected or appointed shall expire expires he shall, on demand, deliver on demand over to his successor all the books and papers in his custody as such officer or in any way appertaining to his office. Every A person who violating violates this provision shall be deemed is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than one year, or both."
SECTION 142. Section 8-11-30 of the 1976 Code is amended to read:
"Section 8-11-30. (A) It shall be is unlawful for anyone a person:
(1) to receive any a salary from the State or any of its departments which is not due, and it shall be unlawful for anyone in the; or
(2) employ of employed by the State to issue vouchers, checks, or otherwise pay salaries or moneys monies that are not due to state employees of any department of the State, except that moneys monies due to employees of the State or any department of the State earned during the month of December may be paid either just before or just after Christmas.
(B) Any violation of A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, shall must be punishable by a fine of fined not more than five thousand dollars or by imprisonment for imprisoned not more than five three years, either or both, in the discretion of the court."
SECTION 143. Section 8-13-320(9)(c) of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(c) If an alleged violation is found to be groundless by the commission, the entire matter must be stricken from public record. If the commission finds that the complaining party wilfully filed a groundless complaint, the finding must be reported to the Attorney General. The wilful filing of a groundless complaint is a misdemeanor and, upon conviction, a person must be fined not more than one thousand dollars or imprisoned not more than one year. In lieu of the criminal penalty provided by this item, a civil penalty of not more than one thousand dollars may be assessed against the complainant upon proof, by a preponderance of the evidence, that the filing of the complaint was wilful and without just cause or with malice."
SECTION 144. Section 8-13-320(10)(g) of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(g) All investigations, inquiries, hearings, and accompanying documents must remain confidential until final disposition of a matter unless the respondent waives the right to confidentiality. The wilful release of confidential information is a misdemeanor, and any person releasing such confidential information, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year."
SECTION 145. Section 8-13-540(1) of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(1) When a complaint is filed with or by the ethics committee, a copy must promptly be sent to the person alleged to have committed the violation. If the ethics committee determines the complaint does not allege facts sufficient to constitute a violation, the complaint must be dismissed and the complainant and respondent notified. If the ethics committee finds that the complaining party wilfully filed a groundless complaint, the finding must be reported to appropriate law enforcement authorities. The wilful filing of a groundless complaint is a misdemeanor and, upon conviction, a person must be fined not more than one thousand dollars or imprisoned not more than one year. In lieu of the criminal penalty provided by this subsection, a civil penalty of not more than one thousand dollars may be assessed against the complainant upon proof, by a preponderance of the evidence, that the filing of the complaint was wilful and without just cause or with malice. If the ethics committee determines the complaint alleges facts sufficient to constitute a violation, it shall promptly investigate the alleged violation and may compel by subpoena the attendance and testimony of witnesses and the production of pertinent books and papers.
If after such preliminary investigation, the ethics committee finds that probable cause exists to support an alleged violation, it shall, as appropriate:
(a) render an advisory opinion to the respondent and require the respondent's compliance within a reasonable time; or
(b) convene a formal hearing on the matter within thirty days of the respondent's failure to comply with the advisory opinion. All ethics committee investigations and records relating to the preliminary investigation are confidential. No complaint shall be accepted which is filed later than four years after the alleged violation occurred."
SECTION 146. Section 9-1-1160 of the 1976 Code is amended to read:
"Section 9-1-1160. (A) The collection of members' contributions must be as follows:
Each employer must cause to be deducted shall deduct on each and every payroll of a member the contributions payable by the member as provided in this section and the. The chief fiscal officer of each the employer shall draw his warrant for the amount so to be deducted, payable to the Retirement System, on a monthly basis, and shall transmit the warrant together with a schedule of the contributions on forms prescribed by the board, which is due in the office of the Retirement System no later than the last day of the month following the close of each month for the preceding month. If any employer fails to do so or arrears shall at any time exist at any time in making monthly remittances as required hereunder by this section and by the rules and regulations of the board, the monthly compensation of any person or officer of any employer charged with the responsibility of making monthly payroll reports and remittances to the system must be withheld by the employer in each and every instance of failure to make the reports and remittances until all required reports and remittances required hereunder and by the rules and regulations of the Board have been made. The system shall furnish monthly to the disbursing officers of each employer a statement of any failure to make payroll reports and remittances and the names of the persons or officers failing to make the reports and remittances.
Any A person failing to transmit the contributions deducted in the manner required in this section is guilty of a misdemeanor and, upon conviction, must be punished by fine fined in the discretion of the court or imprisonment imprisoned not more than three years, or both, in the discretion of the court.
(B) Each department and political subdivision shall pick up the employee contributions required by this section for all compensation paid on or after July 1, 1982, and the contributions so picked up shall must be treated as employer contributions in determining federal tax treatment under the United States Internal Revenue Code; however, each. Each department and political subdivision shall continue to withhold federal income taxes based upon these contributions until the Internal Revenue Service, or the federal courts, rule that, pursuant to Section 414(h) of the United States Internal Revenue Code, that these contributions shall are not be included as gross income of the employee until such time as they are distributed or made available. The department and political subdivision shall pay these employee contributions from the same source of funds which is used in paying earnings to the employee. The department and political subdivision may pick up these contributions by a reduction in the cash salary of the employee. Employee contributions picked up shall must be treated for all purposes of this section in the same manner and to the extent as employee contributions made prior to before the date picked up."
SECTION 147. Section 10-11-360 of the 1976 Code is amended to read:
"Section 10-11-360. Any A person who violating violates the provisions of this article shall be deemed is guilty of a misdemeanor and, upon conviction, shall must be fined not exceeding more than five thousand dollars or imprisoned for a term not exceeding more than five three years, or both."
SECTION 148. Section 11-1-20 of the 1976 Code is amended to read:
"Section 11-1-20. All state, county, and municipal officers depositing funds at that accrue interest in any a bank or other depository shall account to the State, county or municipality, as the case may be, respective governing body for all interest collected upon such these deposits.
Any violation A person who violates the provisions of this section is declared a guilty of a misdemeanor, punishable by fine or imprisonment, and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years."
SECTION 149. Section 11-1-40 of the 1976 Code is amended to read:
"Section 11-1-40. (A) It shall be is unlawful for any an authorized public officer, State or county, authorized to so contract, to enter into a contract for any a purpose whatsoever in a in which the sum is in excess of the tax levied or the amount appropriated for the accomplishment of such that purpose or.
(B) It is unlawful for an authorized public officer to divert or appropriate the funds arising from any tax levied and collected for any one fiscal year to the payment of any an indebtedness contracted or incurred for any a previous year.
(C) On violating A person who violates the provisions of this section any such officer shall be is guilty of a misdemeanor and, upon conviction thereof, shall must be punished by a fine fined not exceeding more than five thousand dollars and not less than five hundred dollars and by imprisonment at hard labor in the State Penitentiary for a period or imprisoned not exceeding five more than three years nor less than one year, either or both, in the discretion of the court."
SECTION 150. Section 11-9-20 of the 1976 Code is amended to read:
"Section 11-9-20. (A) It shall be is unlawful for any an officer, clerk, or other person charged with disbursements of state funds appropriated by the General Assembly to exceed the amounts and purposes stated in such the appropriations, or to change or shift appropriations from one item to another; provided, that transfers. Transfers may be authorized by the General Assembly in the annual appropriation act for the State.
(B) Any An officer, clerk, or other person who violating violates the provisions of this section shall be deemed is guilty of malfeasance in office, and the. The Governor may, upon his attention being brought to the violation, at once suspend immediately such the officer and shall investigate the conduct of such the person.
(C) If after the investigation the person is found guilty, such person shall be suspended from office by the Governor and, in addition to such shall suspend him from office. In addition to the suspension, shall be the officer is guilty of a misdemeanor and, upon conviction thereof, shall must be fined in the discretion of the court or imprisoned within the discretion of the court not more than three years."
SECTION 151. Section 12-2-70 of the 1976 Code, as added by Act 50 of 1991, is amended to read:
"Section 12-2-70. If any (A) It is unlawful for a (1) Person shall person, contrary to the statutes of this State regulating the appointment of the county auditor and county treasurer, to:
(a) (1) accept, hold, or exercise, or attempt to hold or exercise the office of county auditor or treasurer; or
(b) (2) fail, when application is made to him by his successor, to turn over all books, papers, and property of all kinds whatsoever when application is made to him by his successor pertaining to either of such offices; office.
(2) (B) It is unlawful for a County county treasurer, county auditor, or member of any a county board of equalization shall to neglect, refuse, or evade the performance of the duties imposed upon him by law regulating the assessment and collection of taxes imposed upon him by law;.
(3) (C) It is unlawful for a County county auditor shall to neglect or refuse to comply with the requirements of the law in the making up of his duplicate or shall fail to file with the Comptroller General the abstracts, vouchers, and settlement sheets within the time required by law; or.
(4) (D) It is unlawful for a County county treasurer, after being notified of his removal or suspension from office, shall to fail to settle with the county auditor and the Comptroller General and pay over all state and county moneys monies in his hands to the officers entitled by law to receive the same them, within ten days after being so notified;
(E) He shall be A person who violates the provisions of this section is guilty of a misdemeanor and, upon trial and conviction thereof, shall must be punished therefor by a fine fined not exceeding more than five thousand dollars or by imprisonment imprisoned not exceeding more than five three years, or by both such punishments, in the discretion of the court."
SECTION 152. Section 12-21-2540 of the 1976 Code is amended to read:
"Section 12-21-2540. (A) Whoever It is unlawful for a person to:
(a)(1) alters, restores alter, restore, or otherwise prepares prepare in any manner whatsoever any an admission ticket with intent to use or cause it to be used after it has already been used,;
(b)(2) knowingly or wilfully buys, sells, offers buy, sell, offer for sale, or gives give away any such a restored or altered ticket to any a person,;
(c)(3) knowingly uses any such use a restored or altered ticket or has have in his possession any an altered or restored ticket, which has been previously used for the purpose for which it was originally intended; or
(d)(4) prepares, buys, sells, offers prepare, buy, sell, offer for sale or has have in his possession any a counterfeit ticket.
(B) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, shall must be punished with a fine of fined not more than one thousand dollars, or imprisoned not exceeding five more than two years or both, in the discretion of the court."
SECTION 153. Section 12-21-2714 of the 1976 Code is amended to read:
"Section 12-21-2714. (A) Any It is unlawful for a person who to operates operate, or causes cause to be operated operate, or who attempts attempt to operate, or attempts to cause to be operated any an automatic vending machine, slot machine, coin-box telephone, or other such receptacle (receptacle) designed to receive lawful coin of the United States of America in connection with the sale, use, or enjoyment of property or service by means of a slug or any false, counterfeited, mutilated, sweated, or foreign coin, or by any means whatsoever not lawfully authorized by the owner, lessee, or licensee of the receptacle or who shall.
(B) It is unlawful for a person to take, obtain, or receive from or in connection with any receptacle designed to receive lawful coin of the United States of America in connection with the sale, use, or enjoyment of property or service any goods, wares, merchandise, gas, electric current, or other article of value or the use or enjoyment of any telephone or telegraph facilities, or service, or of any musical instrument, phonograph, or other property, without depositing in and surrendering to the receptacle lawful coin of the United States of America in the amount required by the owner, lessee, or licensee of the receptacle.
(C) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine fined in the discretion of the court or imprisonment, in the discretion of the court imprisoned not more than two years."
SECTION 154. Section 12-21-3070 of the 1976 Code is amended to read:
"Section 12-21-3070. (A) Whoever It is unlawful for a person to:
(1) fraudulently cuts, tears or removes cut, tear, or remove from any vellum, parchment, paper, instrument, or writing upon which any a tax is imposed by this chapter any adhesive stamp used in pursuance of pursuant to this chapter;
(2) fraudulently uses, joins, fixes or places use, join, fix, or place to, with, or upon any vellum, parchment, paper, instrument, or writing upon which any a tax is imposed by this chapter any:
(a) any adhesive stamp which has been cut, torn, or removed from any other vellum, parchment, paper, instrument, or writing upon which any a tax is imposed by this chapter,;
(b) an adhesive stamp of insufficient value; or
(c) any forged or counterfeited stamp;
(3) wilfully removes or alters remove or alter the cancellation or defacing marks of, or otherwise prepares prepare, any adhesive stamp, with intent to use or cause it to be used, after it has already been used, or knowingly or wilfully buys, sells, offers buy, sell, offer for sale, or gives give away any such a washed or restored stamp to any a person for use or knowingly uses any such stamp;
(4) has have in his possession any a washed, restored, or altered stamp which has been removed from any vellum, parchment, paper, instrument, or writing, or from the articles to which it had previously been affixed;
(5) Buys, sells, offers buy, sell, offer for sale or has have in his possession or knowingly or wilfully prepares any prepare a counterfeit stamps stamp; or
(6) Re-uses any reuse a stamp which previously has theretofore been used for the purpose of indicating the payment of any a tax imposed by this chapter;.
(B) Is A person who violates the provisions of subsection (A) is guilty of a misdemeanor and, upon conviction, shall must be punished by a fine of fined not more than five thousand dollars or by imprisonment for imprisoned not more than five two years, or both, in the discretion of the court.
(C) Any It is unlawful for a person, or officer or employee of any a corporation, or any a member or employee of any a partnership, who with intent to evade any a lawful requirement of this chapter or any a lawful requirement of the commission under the provisions of this chapter, shall to:
(1) fail to pay any a tax, make any a report, or submit any required information required by or under the provisions of this chapter,; or
(2) who with like intent shall make a false or fraudulent statement or report, or who shall supply any false or fraudulent information shall be.
(D) A person who violates the provisions of subsection (C) is guilty of a misdemeanor and, upon conviction, must be fined not to exceed more than five thousand dollars, or be imprisoned not to exceed five more than two years, or both, at the discretion of the court."
SECTION 155. Section 12-54-40(b)(6)(f)(2) of the 1976 Code is amended to read:
"(2) Wilfully assists in, or procures, counsels, or advises the preparation or presentation under, or in connection with any matter arising under those provisions of law administered by the commission of a return, affidavit, claim, or other document, which is fraudulent, or is false as to any material matter, whether or not the falsity or fraud is with the knowledge or consent of the person authorized or required to present the return, affidavit, claim, or document is guilty of a felony and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than three five years, or both, together with the cost of prosecution."
SECTION 156. Section 16-3-50 of the 1976 Code is amended to read:
"Section 16-3-50. Manslaughter A person convicted of manslaughter, or the unlawful killing of another without malice, express or implied, shall must be punishable by hard labor in the Penitentiary imprisoned not exceeding more than thirty years nor or less than two years; provided, that when the jury returns a verdict of guilty of involuntary manslaughter, the punishment shall be not less than three months nor more than three years in the discretion of the judge."
SECTION 157. Section 16-3-60 of the 1976 Code is amended to read:
"Section 16-3-60. With regard to the crime of involuntary manslaughter, criminal negligence is hereby defined as the reckless disregard of the safety of others. Any A person charged with the crime of involuntary manslaughter shall may be convicted only upon a showing of criminal negligence as defined in this section. A person convicted of involuntary manslaughter must be imprisoned not more than five years."
SECTION 158. Section 16-3-70 of the 1976 Code is amended to read:
"Section 16-3-70. (A) Whoever shall unlawfully and It is unlawful for a person to:
(1) maliciously administer to, attempt to administer to, or aid or assist in administering to, or cause to be taken by, any another person any a poison or other destructive thing, with intent to kill such that person; and or
(2) any person counseling, aiding or abetting such counsel, aid, or abet a person under item (1) of this subsection.
(B) A person who violates the provisions of this section is offender shall be guilty of a felony and, upon conviction, shall must be punished by imprisonment in the Penitentiary imprisoned not exceeding more than ten twenty years nor less than two."
SECTION 159. Section 16-3-75 of the 1976 Code is amended to read:
"Section 16-3-75. Any It is unlawful for a person who unlawfully and to maliciously tampers tamper with any a human drug product or food item with the intent to do bodily harm to a person.
A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be punished by imprisonment for imprisoned not less than ten nor more than thirty twenty years. When a person is found guilty, the jury may find a special verdict recommending mercy of the court and the punishment must be reduced to imprisonment for a term of not less than five years."
SECTION 160. Section 16-3-910 of the 1976 Code is amended to read:
"Section 16-3-910. Whoever shall unlawfully It is unlawful for a person to seize, confine, inveigle, decoy, kidnap, abduct, or carry away any other another person by any means whatsoever without authority of law, except when a minor is seized or taken by a his parent thereof,.
A person who violates the provisions of this section shall be is guilty of a felony and, upon conviction, shall suffer the punishment of life imprisonment must be imprisoned not more than thirty years, unless sentenced for murder as provided in Section 16-3-20."
SECTION 161. Section 16-5-40 of the 1976 Code is amended to read:
"Section 16-5-40. All sheriffs, constables, and other officers who may be specially empowered shall obey and execute all warrants and other processes issued under the provisions of Sections 16-5-10, 16-5-20, or 16-5-50 and directed to them. Should If any a sheriff, constable, or other officer specially empowered refuse refuses to receive such a warrant or other process when tendered to him or neglect neglects or refuse refuses to execute the same, he shall, on is guilty of a misdemeanor and, upon conviction thereof, must be fined in the sum of five hundred dollars or imprisoned not more than three years,. to the
Fines collected are for use of the citizens deprived of the rights secured by the provisions of this chapter or be imprisoned in the county jail, in the discretion of the court.
Such warrants Warrants and other processes shall run with and be are executed by such officers anywhere within the circuit or county in which they are issued."
SECTION 162. Section 16-5-130 of the 1976 Code is amended to read:
"Section 16-5-130. A person guilty who is convicted of riot, or of participating in a riot, either by being personally present, or by instigating, promoting, or aiding the same, is punishable as follows guilty of a:
(a) (1) If felony and must be imprisoned not more than five years or fined not more than one thousand dollars, or both, if the purpose of the assembly, or of the acts done or threatened or intended by the persons engaged, is to resist the enforcement of a statute of this State, or of the United States, or to obstruct any public officer of this State, or of the United States, in serving or executing any process or other mandate of a court of competent jurisdiction, or in the performance of any other duty; or if the offender carries, at the time of the riot, firearms, or any other dangerous weapon, or is disguised; by imprisonment for not more than five years, or by a fine of not more than one thousand dollars, or by both such fine and imprisonment.
(b) (2) In any other case, misdemeanor and must be imprisoned not more than two years or fined not more than five hundred dollars, or both if the offender directs, advises, encourages, or solicits other persons, present or participating in the riot or assembly, to acts of force or violence, by imprisonment for not more than two years, or by a fine of not more than five hundred dollars, or by both such fine and imprisonment.
(c) (3) In misdemeanor and must be imprisoned not more than two years or fined not more than two hundred and fifty dollars, or both, in any case, not embraced within the foregoing subdivisions of this section, by imprisonment for not more than one year, or by a fine of not more than two hundred and fifty dollars, or by both such fine and imprisonment.
This section shall must not be so construed as to prevent the peaceable assembling of persons for lawful purposes of protest or petition."
SECTION 163. Section 16-7-170 of the 1976 Code is amended to read:
"Section 16-7-170. Any person who enters into any private or public school, college or university building, or any a public building, for the purpose of destroying records or other property therein, or who, having entered such buildings, does in fact destroy or damage destroys or damages records or other property thereof, shall be is guilty of a misdemeanor and, upon conviction, shall must be fined not more than five thousand dollars or be imprisoned not more than five three years in the discretion of the court."
SECTION 164. Section 16-9-30 of the 1976 Code is amended to read:
"Section 16-9-30. Whoever shall, It is unlawful for a person to wilfully and knowingly, swear falsely in taking any oath required by law, that is administered by any a person directed or permitted by law to administer such oath, shall be.
A person who violates the provisions of this sections is guilty of perjury a felony and, on upon conviction, incur the pains and penalties of that offense must be fined in the discretion of the court or imprisoned not more than five years, or both."
SECTION 165. Section 16-9-410 of the 1976 Code is amended to read:
"Section 16-9-410. (A) Whoever It is unlawful for a person to:
(1) conveys convey into a jail, house of correction, State Penitentiary, house of reformation correctional facility, or other like place of confinement any disguise, instrument, tool, weapon, or other thing adapted or useful to aid a prisoner in making his escape, with intent to facilitate the escape of any a prisoner there lawfully committed or detained,; or
(2) by any means whatever aids or assists such aid or assist a prisoner by any means in his endeavor to escape therefrom, whether such the escape is effected or attempted or not, and whoever.
(B) It is unlawful for a person to forcibly rescues any rescue a prisoner held in custody.
(C) A person who violates the provisions of this section is guilty of a:
(1) felony and, upon any conviction, or charge of offense shall must be punished by imprisonment in the State Penitentiary, at hard labor, imprisoned not exceeding seven more than ten years or, if the person whose escape or rescue was effected or intended was charged with an offense not capital nor punishable by imprisonment, then by imprisonment in the State Penitentiary, at hard labor,.
(2) misdemeanor and, upon conviction, must be imprisoned not exceeding more than two years or by fine fined not exceeding more than five hundred dollars if the person whose escape or rescue was effected or intended was charged with a noncapital offense."
SECTION 166. Section 16-11-30 of the 1976 Code is amended to read:
"Section 16-11-30. (A) As used in this section:
(a) (1) `Master key' shall mean means a key which will unlock unlocks more than one locking device.
(b) (2) `Nonowner key sets' shall mean means any a set of keys designed to open locking devices in a group of products, machines, or vehicles of a particular manufacturer, which differ in configuration from the keys issued by the manufacturer at the time of sale for such the locking devices.
(B) If any A person shall have who has in his possession, actual or constructive, while engaged in the commission of any a crime against the person or property of another, any a master key or nonowner key set as herein defined in subsection (A), or if any such a master key is used in the commission of any such offense against the laws of this State, he shall be deemed is guilty of a misdemeanor and, upon conviction, shall must be imprisoned for a period of not less than one year nor more than five three years."
SECTION 167. Section 16-11-190 of the 1976 Code is amended to read:
"Section 16-11-190. Any It is unlawful for a person who to wilfully and maliciously attempts attempt to set fire to, or to burn, or to aid, counsel, or procure the burning of any of the buildings or property mentioned in Sections 16-11-110 to 16-11-140 or who commits any commit an act preliminary thereto or in furtherance thereof of shall burning these buildings.
A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned for not less than one nor more than ten five years or fined in an amount not to exceed more than ten thousand dollars."
SECTION 168. Section 16-11-330 of the 1976 Code is amended to read:
"Section 16-11-330. (1) Any (A) A person convicted for the crime of robbery while armed with a pistol, dirk, slingshot, metal knuckles, razor, or other deadly weapon shall suffer punishment by imprisonment at hard labor for a term of must be imprisoned not less than ten years nor more than twenty-five thirty years, in the discretion of the judge, no part of which may be suspended. No A person convicted under the provisions of this subsection shall be is not eligible for parole until he has served at least seven years of his sentence.
(1) Provided, that any A person under the age of twenty-one sentenced under the provisions of Chapter 19 of Title 24 (the Youthful Offenders Act) for the crime convicted of armed robbery shall receive and serve a minimum sentence of at least three years, no part of which shall may be suspended. No such person shall be The person is not eligible for parole or probation until he has served such a three year minimum sentence.
(2) Provided, further, that notwithstanding any other provision of law, no A person between the ages of twenty-one and twenty-five, who is convicted of the crime of armed robbery, may not be sentenced under the provisions of Chapter 19 of Title 24 (the Youthful Offenders Act).
(2) (B) Any A person convicted for the crime of attempted robbery while armed with a pistol, dirk, slingshot, metal knuckles, razor, or other deadly weapon shall suffer punishment by imprisonment at hard labor for a term of must be imprisoned not more than twenty years, in the discretion of the judge."
SECTION 169. Section 16-11-380 of the 1976 Code is amended to read:
"Section 16-11-380. Whoever shall It is unlawful for a person to break and enter or enter without breaking any a building or part of a building occupied as a bank, depository, or building and loan association with intent to steal any money or securities for money, either by force, intimidation, or threats,.
A person who violates the provisions of this section is shall be guilty of a felony and, upon conviction thereof, shall must be sentenced to the Penitentiary during the term of his life; but if the jury recommend the defendant to the mercy of the court, a sentence of not less than five years' imprisonment may be imposed, in the discretion of the court imprisoned not more than thirty years."
SECTION 170. Section 16-11-390 of the 1976 Code is amended to read:
"Section 16-11-390. Any It is unlawful for a person convicted of using to use explosives, tools, or any other implement in or about a safe used for keeping money or other valuables with intent to commit larceny or any other crime shall be.
A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be sentenced to the Penitentiary during the term of his life; provided, that if the jury recommend the defendant to the mercy of the court, a sentence of not less than ten years' imprisonment may be imposed, in the discretion of the court imprisoned not more than thirty years."
SECTION 171. Section 16-11-560 of the 1976 Code is amended to read:
"Section 16-11-560. Whoever shall It is unlawful for a person to maliciously, unlawfully, and wilfully burn or cause to be burned, or cut or cause to be cut, or destroyed any untenanted or unfinished house or building or any frame or frames of timber of any other another person made and prepared for or towards the making of any a house or houses, so that the same shall house is not be suitable for the purposes for which it was prepared,.
A person who violates the provisions of this section shall be is guilty of a misdemeanor and, upon conviction thereof, shall must be punished by fine or imprisonment fined in the discretion of the court or imprisoned not more than three years, or both, in the discretion of the court."
SECTION 172. Section 16-11-570 of the 1976 Code is amended to read:
"Section 16-11-570. Any It is unlawful for a tenant who shall to wilfully and maliciously cut, deface, mutilate, burn, destroy, or otherwise injure any a dwelling house, outhouse, erection, building, or crops then in the his possession of such tenant.
A person who violates the provisions of this section is shall be guilty of a misdemeanor and, upon conviction thereof, shall must be punished by fine or imprisonment fined in the discretion of the court or imprisoned not more than three years, or both, in the discretion of the court."
SECTION 173. Section 16-13-150 of the 1976 Code is amended to read:
"Section 16-13-150. Any It is unlawful for a person who shall to snatch suddenly and carry away from the person of another a purse or other thing of value with intent to deprive the owner or person lawfully in possession of such the article in circumstances not constituting grand larceny, or robbery, or privily stealing from the person.
A person who violates the provisions of this section is shall be guilty of a misdemeanor and, upon conviction, shall must be punished by imprisonment for imprisoned not more than two three years."
SECTION 174. Section 16-13-385 of the 1976 Code is amended to read:
"Section 16-13-385. (A) It shall be is unlawful for any a person to alter, tamper with, or bypass a meter which has been installed for the purpose of measuring the use of electricity, or gas, or water.
Any A meter found in a condition which would cause electricity, or gas, or water to be diverted from the recording apparatus of the meter or to cause such the meter to inaccurately measure the use of electricity, or 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, or gas, or water or would cause a meter to inaccurately measure the use thereof shall be is prima facie evidence that either the person in whose name such the meter was installed or the person for whose benefit electricity, or gas, or water was diverted caused the electricity, or gas, or water to be diverted from going through the meter or the meter to inaccurately measure the use of the electricity, or gas, or water.
(B) Any A person violating who violates the provisions of this section shall for a first offense be deemed is guilty of a misdemeanor and, upon conviction, shall must be fined in an amount not to exceed more than one hundred dollars or imprisoned for a term not to exceed more than thirty days. and for For a second or subsequent offense shall be deemed the person is guilty of a misdemeanor and, upon conviction, shall must be fined in an amount not to exceed more than ten thousand dollars or imprisoned for a term not to exceed more than ten three years, or both."
SECTION 175. Section 16-14-80 of the 1976 Code is amended to read:
"Section 16-14-80. (A) A It is unlawful for a person is guilty of criminally receiving to receive money, goods, and services, or anything else of value fraudulently obtained when he receives money, goods, services or anything else of value obtained in violation of Section 16-14-60(a) and with the knowledge or belief that the same were obtained in violation of Section 16-14-60(a).
(B) Conviction of criminal receipt of goods and services fraudulently obtained is punishable as provided in A person who violates the provisions of this section is guilty of a:
(1) misdemeanor and, upon conviction, must be sentenced pursuant to Section 16-14-100(a) if the value of all the money, goods, services, and anything else of value, obtained in violation of this section, does not exceed is five hundred dollars or less in any six-month period; conviction of criminal receipt of goods and services fraudulently obtained is punishable as provided in.
(2) felony and, upon conviction, must be sentenced pursuant to Section 16-14-100(b) if such the value of the money, goods, services, or anything of value exceeds is more than five hundred dollars in any six-month period."
SECTION 176. Section 16-14-100 of the 1976 Code is amended to read:
"Section 16-14-100. (a) A crime punishable under this subsection is a misdemeanor and, upon conviction, shall the person must be punishable by a fine of fined not more than one thousand dollars or imprisonment for imprisoned not more than one year, or both.
(b) A crime punishable under this subsection is a felony and, upon conviction, shall the person must be punishable by a fine of fined not less than three thousand dollars nor more than five thousand dollars or imprisonment for imprisoned not more than three five years, or both."
SECTION 177. Section 16-15-130 of the 1976 Code is amended to read:
"Section 16-15-130. Any It is unlawful for a person who shall be guilty of wilful and malicious indecent exposure of to wilfully, maliciously, and indecently expose his person in any a public place, on property of others, or to the view of any person on any a street or highway shall be.
A person who violates the provisions of this section is guilty of a misdemeanor and, on upon conviction, shall must be punished by fine or imprisonment fined in the discretion of the court or imprisoned not more than three years, or both, in the discretion of the court."
SECTION 178. Section 16-15-250 of the 1976 Code is amended to read:
"Section 16-15-250. Any It is unlawful for a person who shall to anonymously write, print, or by any other manner or means whatsoever, except by telephone, communicate, send, or deliver to any woman or woman child another person within this State, any obscene, profane, indecent, vulgar, suggestive, or immoral message shall be.
A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, shall must be punished in the discretion of the court fined in the discretion of the court or imprisoned not more than three years, or both."
SECTION 179. Section 16-15-405(D) of the 1976 Code, as added by Act 168 of 1987, is amended to read:
"(D) An individual A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned for not less than two years nor more than six five years. No part of the minimum sentence may be suspended nor is the individual convicted eligible for parole until he has served the minimum sentence."
SECTION 180. Section 16-15-425(C) of the 1976 Code, as added by Act 168 of 1987, is amended to read:
"(C) An individual A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned for not less than two years nor more than six five years. No part of the minimum sentence may be suspended nor is the individual convicted eligible for parole until he has served the minimum term. Sentences imposed pursuant to this section shall run consecutively with and shall commence at the expiration of any other sentence being served by the individual sentenced."
SECTION 181. Section 16-16-20 of the 1976 Code is amended to read:
"Section 16-16-20. (1) It is unlawful for any a person to wilfully, knowingly, maliciously, and without authorization or for an unauthorized purpose to do any of the following:
(a) directly or indirectly access or cause to be accessed any a computer, computer system, or computer network for the purpose of:
(i) devising or executing any scheme or artifice to defraud, or;
(ii) obtaining money, property, or services by means of false or fraudulent pretenses, representations, promises,; or
(iii) committing any other crime.
(b) alter, damage, destroy, or modify any a computer, computer system, computer network, computer software, computer program, or data contained in such computer, computer system, computer program, or computer network.
(2) A person is guilty of computer crime in the first degree if the amount of gain directly or indirectly derived from the offense made unlawful by subsection (1) or the loss directly or indirectly suffered by the victim exceeds twenty-five thousand dollars. Computer crime in the first degree is a felony and, upon conviction thereof, a person must be punished by a fine of fined not more than one hundred twenty-five thousand dollars or imprisonment for imprisoned not more than ten years, or both.
(3) (a) A person is guilty of computer crime in the second degree if the amount of gain directly or indirectly derived from the offense made unlawful by subsection (1) or the loss directly or indirectly suffered by the victim is greater than one thousand dollars but not more than twenty-five thousand dollars.
(b) A person is also guilty of computer crime in the second degree where:
(i) he interferes with, causes to be interfered with, denies or causes to be denied any computer service to any an authorized user of such the computer service for the purpose of devising or executing any scheme or artifice to defraud, or obtaining money, property, or services by means of false or fraudulent pretenses, representations, or promises, or committing any other felony;
(ii) he deprives the owner of possession of, or takes, transfers, conceals, or retains possession of any computer, data, computer property, or computer-related property, including all parts of a computer, computer system, computer network, computer software, computer services, or information associated with a computer, whether in a tangible or intangible form; or
(iii) the gain derived from the offense made unlawful by subsection (1) or loss suffered by the victim cannot reasonably be ascertained.
(c) Computer crime in the second degree is a felony misdemeanor and, upon conviction thereof, for a first offense, a person must be punished by a fine of fined not more than fifty thousand dollars or imprisonment for imprisoned not more than three years, or both. Upon conviction for a second or subsequent offense, a person is guilty of a felony and must be punished by a fine of fined not more than fifty thousand dollars or imprisonment for imprisoned not more than seven five years, or both.
(4) A person is guilty of computer crime in the third degree if the amount of gain directly or indirectly derived from the offense made unlawful by subsection (1) or the loss directly or indirectly suffered by the victim does not exceed is not more than one thousand dollars. A person is also guilty of computer crime in the third degree if he wilfully, knowingly, and without authorization or for an unauthorized purpose engages in computer hacking. Computer crime in the third degree is a misdemeanor and, upon conviction thereof, for a first offense, a person must be punished by a fine of fined not more than two hundred dollars or imprisonment for imprisoned not more than thirty days. Upon conviction for a second or subsequent offense, a person must be punished by a fine of fined not more than two thousand dollars or imprisonment for imprisoned not more than two years, or both."
SECTION 182. Section 16-17-510 of the 1976 Code is amended to read:
"Section 16-17-510. Whosoever encourages or entices or conspires It is unlawful for a person to encourage, entice, or conspire to encourage or entice any a child enrolled in the public elementary or secondary schools of this State from attendance in such public school or school program or transports or provides transport or provide transportation in aid or furtherance of such encouragement or enticement to encourage or entice a child from attendance in public school or school program.
A person who violates the provisions of this section is shall be deemed guilty of a misdemeanor and, upon conviction, shall must be fined not more than one thousand dollars or imprisoned not more than two years, or both; and for any subsequent offense shall be imprisoned not more than five years."
SECTION 183. Section 16-17-560 of the 1976 Code is amended to read:
"Section 16-17-560. Whoever shall It is unlawful for a person to assault or intimidate any a citizen, discharge a citizen from employment or occupation, or eject a citizen from a rented house, land, or other property because of political opinions or the exercise of political rights and privileges guaranteed to every citizen by the Constitution and laws of the United States by the Constitution and laws thereof or by the Constitution and laws of this State or, for such reason, discharge such a citizen from
employment or occupation or eject such citizen from a rented house or land or other property.
A person who violates the provisions of this section is shall be guilty of a misdemeanor and, on upon conviction thereof, must be fined not less than fifty nor more than one thousand dollars or be imprisoned not less than three months nor more than one year two years, or both, at the discretion of the court."
SECTION 184. Section 16-17-700 of the 1976 Code is amended to read:
"Section 16-17-700. It is unlawful for any a person to tattoo any part of the body of another person; provided, that it. It is not unlawful for a licensed physician or surgeon to tattoo part of a patient's body if in his medical opinion it is necessary when performing cosmetic or reconstructive surgery.
Any A person who violating violates the provisions of this section is guilty of a misdemeanor and, on upon conviction, must be punished by fine fined in the discretion of the court or imprisonment imprisoned not more than one year, or both in the discretion of the court."
SECTION 185. Section 16-21-60 of the 1976 Code is amended to read:
"Section 16-21-60. (1) (A) A It is unlawful for a person not entitled to possession of a vehicle who to take, use, or drive a vehicle, without the consent of the owner and with intent to deprive him, temporarily or otherwise, of the vehicle or its possession, takes, uses or drives the vehicle.
A person who violates the provisions of this section is guilty of a misdemeanor and, is punishable under subsection (1) of Section 16-21-130 upon conviction, must be imprisoned not more than three years.
(2) (B) But if the deprivation of the owner was for a temporary purpose only, unconnected with the commission of or intent to commit a crime other than the taking of the vehicle, the offense person is guilty a misdemeanor and, punishable by a fine of upon conviction, must be fined not more than five hundred dollars or imprisonment imprisoned for not more than one year, or both."
SECTION 186. Section 16-23-50 of the 1976 Code, as last amended by Act 457 of 1988, is further amended to read:
"Section 16-23-50. (A)(1) Any A person, including a dealer, violating any of who violates the provisions of this article, except Section 16-23-20, is guilty of a felony and, upon conviction, must be fined not more than two thousand dollars or be imprisoned for not more than two five years, or both.
(2) Any A person violating the provisions of Section 16-23-20 is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or be imprisoned for not more than one year, or both.
(B) When a violation occurs within a municipality, the fines collected must be delivered to the municipality by the clerk of court. If the violation occurs outside a municipality, the fines must be delivered to the county treasurer.
(C) In addition to the penalty provided in this section, the pistol involved in the violation of this article must be confiscated. The pistol must be delivered to the chief of police of the municipality or to the sheriff of the county, if the violation occurred outside the corporate limits of a municipality. The law enforcement agencies that receive the confiscated pistols may use them within their department, transfer them to another law enforcement agency for their lawful use, transfer them to the clerk of court or mayor who shall dispose of them as provided by Section 16-23-500, or trade them with a retail dealer licensed to sell pistols in this State for a pistol or any other equipment approved by the agency. If the State Law Enforcement Division seized the pistol, it may keep it for use by its forensic laboratory. Records must be kept of all confiscated pistols received by the law enforcement agencies under the provisions of this article."
SECTION 187. Section 16-23-465 of the 1976 Code is amended to read:
"Section 16-23-465. In addition to the penalties provided for by Sections 16-11-330 and 16-23-460 and by Article 1 of Chapter 23 of Title 16, any a person convicted of unlawfully carrying a pistol or firearm onto the premises of a business which sells alcoholic liquors, beers or wines liquor, beer, or wine for consumption on the premises is guilty of a misdemeanor and, upon conviction, shall must be fined in the sum of not more than two thousand dollars or imprisoned not more than two three years, or both."
SECTION 188. Section 16-23-470 of the 1976 Code is amended to read:
"Section 16-23-470. (A) It shall be is unlawful for anyone except an duly authorized law enforcement officers officer to have in possession possess, use, transport, sell, or buy any a tear-gas machine or gun, or any part thereof its parts, or any ammunition, or shells, or equipment that may be used in a tear-gas gun or machine. Provided, however, that it shall be It is lawful for a person for self-defense purposes only to possess, use, transport, sell, or buy a tear-gas machines machine or guns gun, or any parts thereof its parts, or ammunition, shells, or equipment for such a tear-gas machines machine or guns gun, but the capacity of any such a tear-gas cartridge, shell, or container shall not exceed fifty cubic centimeters nor shall any such a tear-gas machine or gun have the capability of shooting any a cartridge, shell, or container of more than fifty cubic centimeters.
(B) Any violation A person who violates the provisions of this section shall be is guilty of a misdemeanor and, upon conviction, punishable by imprisonment for must be imprisoned not less than one year nor more than five three years or by a fine of fined not more than five thousand dollars, either or both, in the discretion of the court."
(C) Except as otherwise permitted above, nothing in this section shall be construed to prohibit prohibits the purchase, sale, transportation, or use of tear gas for the destruction of insects or rodents, provided such if tear gas is not in containers or shells suitable for use in any a tear-gas gun, equipment, or machine and provided if the purchaser has written authority for the purchase and use of such tear gas from the county agent of the county in which he resides."
SECTION 189. Section 17-7-510 of the 1976 Code is amended to read:
"Section 17-7-510. If any It is unlawful for a person to shall bury or cause to be buried the dead body of a person supposed to have come to a violent death before notice to the coroner to examine the body and before inquiry is made into the manner and circumstances of the death, such.
A person shall be liable to indictment therefor before the court of general sessions who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, shall must be fined in the discretion of the court and or imprisoned at the discretion of the presiding judge not more than three years. And the The coroner shall bind him in recognizance, with sufficient surety, to appear and stand his trial at the ensuing term of such court."
SECTION 190. Section 17-15-150 of the 1976 Code is amended to read:
"Section 17-15-150. Prosecutors or witnesses A prosecutor or witness failing to appear under such recognizance shall be is guilty of a misdemeanor and the. The Attorney General and solicitor may order warrants to issue against such offenders an offender without affidavit or bond to prosecute. Upon conviction, the person must be imprisoned not more than three years."
SECTION 191. Section 22-5-120 of the 1976 Code is amended to read:
"Section 22-5-120. A magistrate shall arrest and commit, if necessary, any a person who, in his view presence, shall perpetrate any perpetrates a crime or misdemeanor whatsoever. In making any such the arrest, the magistrate may command any a constable, or bystander, or the posse comitatus, as the emergency may require, and any. A person who shall refuse refuses to aid in such the arrest when required by the magistrate shall be liable to indictment as for is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both."
SECTION 192. Section 22-9-140 of the 1976 Code is amended to read:
"Section 22-9-140. Every A constable appointed by a magistrate shall be bound to must execute, when required, every lawful order, judgment, and determination of the magistrate and of any magistrate's court and for disobedience herein he shall be liable to be indicted and punished as for a high. A constable who fails to perform these duties is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both."
SECTION 193. Section 23-1-20 of the 1976 Code is amended to read:
"Section 23-1-20. No It is unlawful for a peace officer shall to be employed within the State on a contingent basis whereby such upon which officer he receives as compensation any share of fines collected by him or through his efforts, and any such as compensation. A peace officer accepting such employment on a contingent basis or receiving or accepting any part of the fines collected by him or through his efforts as compensation shall be is guilty of a misdemeanor and, upon conviction, shall must be fined in the discretion of the court or imprisoned not more than three years in the discretion of the court."
SECTION 194. Section 23-17-110 of the 1976 Code is amended to read:
"Section 23-17-110. No It is unlawful for a sheriff or deputy sheriff shall to be concerned or interested, directly or indirectly, in the purchase of any property sold by either of them officially him in his official capacity. If any such a sheriff or deputy sheriff shall be concerned or interested has a concern or interest in any such the purchase at any such a sale made by either of them him, he shall, on is guilty of a misdemeanor and, upon conviction thereof, must be deprived of his office and shall be liable to be fined in the discretion of the court and or imprisoned at the discretion of the court not more than two years. And such A purchase shall be made is null and void."
SECTION 195. Section 23-31-190 of the 1976 Code is amended to read:
"Section 23-31-190. Any A person, including a dealer violating any of who violates the provisions of this article shall be deemed is guilty of a felony and, upon conviction, shall must be fined not more than two thousand dollars or be imprisoned for not more than two five years, or both.
When a violation occurs within a municipality, the fines collected shall must be delivered to the municipality by the clerk of court. If the violation occurs outside a municipality, the fines shall must be delivered to the county treasurer.
Any person convicted of violating the provisions of this article, in In addition to the penalty provided herein, shall have in this section the pistol involved in such the violation must be confiscated. Notwithstanding any other provisions of law, such The pistol shall must be delivered to the chief of police of the municipality or to the sheriff of the county, if the violation occurred outside the corporate limits of a municipality. The law enforcement agencies that receive the confiscated pistols shall may use them within their department, transfer them to another law enforcement agency, or destroy them. Records shall must be kept of all confiscated pistols received by the law enforcement agencies under the provisions of this article."
SECTION 196. Section 23-35-130 of the 1976 Code is amended to read:
"Section 23-35-130. (A) It is unlawful to manufacture, store, transport, or possess fireworks containing pyrotechnic composition in excess of two grains, designed to produce a loud and piercing effect, including, but not limited to, fireworks commonly called `ground salutes' or `cherry bombs', M-80's, T-N-T salutes, and `bulldog salutes'. A manufacturer shall obtain a permit to store or assemble materials for public fireworks displays. No manufacturer may store public display material in the same building where legal fireworks are offered for sale to retailers.
(B) The provisions of this chapter may do not be construed as prohibiting prohibit continuous interstate commerce through this State into another state of any item of fireworks permitted for shipment by the regulations of the Interstate Commerce Commission or the United States Department of Transportation, or their successors. It is unlawful to ship into or through this State or possess, sell, or use, under any circumstances, any article of fireworks that is forbidden for transportation by regulations of the Interstate Commerce Commission, or the United States Department of Transportation, or their successors.
(C) Any A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than ten thousand dollars or imprisoned for not more than four two years, or both."
SECTION 197. Section 24-3-910 of the 1976 Code is amended to read:
"Section 24-3-910. If any It is unlawful for a person employed in keeping, taking care of, or guarding the Penitentiary or the a correctional facility or its prisoners therein shall to contrive, procure, connive at, or otherwise voluntarily suffer or permit the escape of any such a prisoner he shall, on.
A person who violates the provisions of this section is guilty of a felony and, upon conviction thereof, must be confined at hard labor in the Penitentiary not exceeding twenty years imprisoned not more than ten years."
SECTION 198. Section 25-1-150 of the 1976 Code is amended to read:
"Section 25-1-150. Any It is unlawful for a person who shall to wilfully wear the badge, button, insignia, or rosette of any military order or who shall use any such badge, button, insignia, or rosette to obtain aid, or assistance, or any other benefit or advantage, unless he shall be is entitled so to wear or use the same, shall be military badge, button, insignia, or rosette.
A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than two years, or both."
SECTION 199. Section 25-7-20 of the 1976 Code is amended to read:
"Section 25-7-20. (A) Whoever: It is unlawful for a person, (1) For for the purpose of obtaining information respecting the national or state defense with intent or reason to believe that the information to be obtained is to be used to the injury of the United States or this State or to the advantage of any a foreign nation, goes to:
(1) go upon, enters, flies enter, fly over, or otherwise obtains obtain information concerning any:
(a) any vessel, aircraft, work of defense, navy yard, naval base, submarine base, coaling station, fort, battery, torpedo station, dockyard, canal, railroad, arsenal, camp, factory, mine, telephone, telegraph, wireless or signal station, building, office, or other place connected with the national or state defense owned or constructed or in progress of construction by the United States or any of its officers or agents within this State or by this State or any of its subdivisions or agencies; or
(b) any place in this State in which any vessel, aircraft, arms, munitions, or other materials or instruments for use in time of war are being made, prepared, repaired, or stored under any contract or agreement with the United States or with any a firm on behalf of the United States;.
(2) For the purpose aforesaid and with like intent or reason to believe copies, takes, makes or obtains or attempts, induces or aids copy, take, make, or obtain or attempt, induce, or aid another to copy, take, make, or obtain any sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, document, writing, or note of anything connected with the national or state defense;.
(3) For the purpose aforesaid receives or obtains receive or obtain from any a person or from any source whatsoever any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note of anything connected with the national or state defense knowing or having reason to believe, at the time he receives, or obtains, or agrees, attempts, induces, or aids another to receive or obtain it that it has been or will be obtained, taken, made, or disposed of by any a person contrary to the provisions of this chapter;. (4)(B) It is unlawful for a person to:
(1) Lawfully or unlawfully having have possession of, access to, control over, or being be intrusted with, any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note relating to the national or state defense and wilfully communicates communicate, or transmits transmit, or attempts attempt to communicate or transmit the same to any a person not entitled to receive it or wilfully retains the same and fails to deliver it on demand to the officer or employee of the United States or this State, entitled to receive it; or.
(5)(2) Being be entrusted with or having have lawful possession or control of any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, note, or information relating to the national defense or state defense through gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in violation of his trust or to be lost, stolen, obstructed, or destroyed;.
(C) Shall A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine of fined not more than ten thousand dollars or by imprisonment for imprisoned not more than two three years, or both."
SECTION 200. Section 25-7-50 of the 1976 Code is amended to read:
"Section 25-7-50. (A) Whoever, when When the United States is at war, it is unlawful for a person to wilfully:
(1) shall willfully make or convey false reports or false statements with intent to interfere with the operation or success of the military or naval forces of the United States or to promote the success of its enemies, and whoever, when the United States is at war, shall willfully; (2) cause or attempt to cause insubordination, disloyalty, mutiny, or refusal of duty in the military or naval forces of the United States; or
(3) shall willfully obstruct the recruiting or enlistment service of the United States, to the injury of the service of the United States,.
(B) A person who violates the provisions of this section is guilty of a felony and, upon conviction, shall must be punished by a fine of fined not more than ten thousand dollars or imprisonment for imprisoned not more than twenty ten years, or both."
SECTION 201. Section 25-15-20 of the 1976 Code is amended to read:
"Section 25-15-20. It shall be is unlawful for any a person to wear as a badge, expose upon their person, sell, offer for sale, or otherwise dispose of, or use or manufacture any badge or insignia known as the Confederate Cross of Honor or any counterfeit or likeness of such the badge, unless such the badge has been conferred, or bestowed, or authorized to be bestowed by the United Daughters of the Confederacy, upon such wearer or in any other way than that as prescribed by the rules and regulations made and adopted by the United Daughters of the Confederacy.
Any violation of A person who violates the provision provisions of this section is guilty of a misdemeanor, and upon conviction, shall must be punished by a fine of fined not less than one hundred dollars nor more than five hundred dollars or by imprisonment for imprisoned not less than twelve months nor more than five years one year."
SECTION 202. Section 27-29-150 of the 1976 Code is amended to read:
"Section 27-29-150. Any person who willfully violates It is unlawful for a person to wilfully violate any provision of this chapter or of a rule regulation adopted under it, or any person who willfully to, in an application for registration makes any make an untrue statement of a material fact, or omits omit to state a material fact in an application for registration.
A person who violates any provision of this chapter is guilty of a misdemeanor and, upon conviction, may must be fined not less than one thousand dollars or double the amount of gain from the transaction, whichever is the larger but not more than fifty thousand dollars; or he may be imprisoned for not more than three two years, or both."
SECTION 203. Section 30-15-50 of the 1976 Code is amended to read:
"Section 30-15-50. Any person who shall It is unlawful for a person to forge or in any manner alter any discharge or certificate of lost discharge issued by the government of the United States and offer it for registration or secure the registration of it under the provisions of this chapter.
A person who violates the provisions of this chapter shall be is guilty of a misdemeanor and, upon conviction, shall must be fined in the discretion of the court or imprisoned in the discretion of the court not more than two years."
SECTION 204. Section 34-19-110 of the 1976 Code is amended to read:
"Section 34-19-110. It is a criminal offense against this chapter unlawful for any a person to use the words `safe deposit', `safety deposit', or other similar words deceptively similar thereto, in connection with the rental of storage space, or in the title or name under which business was is done, except (a) a.
A person subject to the jurisdiction of the State Board of Bank Control Financial Institutions, (b) a manufacturer or dealer in safe-deposit facilities or equipment, or (c) an association, the membership of which is composed of officers or institutions subject to the jurisdiction of the board or the banking department of other states or of the United States, are exempt.
A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than one year, or both."
SECTION 205. Section 37-13-50 of the 1976 Code is amended to read:
"Section 37-13-50. A person violating this chapter or regulations promulgated pursuant to it is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five three years, or both.
SECTION 206. Section 38-7-140 of the 1976 Code is amended to read:
"Section 38-7-140. (A) If any It is unlawful for a person, or any officer or employee of any an insurer, or other person, with intent to evade any a requirement of this title or any a lawful requirement of the commissioner, to:
(1) fails fail to pay any fees, taxes, penalties, or interest,;
(2) fails fail to make, sign, or verify any a return,;
(3) or fails fail to supply any required information required by this title,; or
(4) with like intent makes, renders, signs, or verifies any make, render, sign, or verify false or fraudulent information, that person.
(B) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined an amount not to exceed more than five thousand dollars or imprisoned for a term not to exceed five more than three years, or both."
SECTION 207. Section 38-13-140 of the 1976 Code is amended to read:
"Section 38-13-140. Any A person having who has in his possession or control any books, accounts, or papers of any a company licensed under this title shall exhibit them to the commissioner or to any deputy, actuary, accountant, or person acting with or for the commissioner. Any A person who refuses, on demand, to exhibit any books, accounts, or papers or knowingly or wilfully makes any a false statement in regard to them is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned for not more than three years, or both, at the discretion of the court. All replies are strictly confidential except for the purposes of prosecution for any false or fraudulent statement made to the commissioner."
SECTION 208. Section 38-25-330 of the 1976 Code is amended to read:
"Section 38-25-330. Any A person violating any provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both."
SECTION 209. Section 38-37-930 of the 1976 Code is amended to read:
"Section 38-37-930. Any It is unlawful for a person, officer, member, or examining physician of a fraternal benefit association who knowingly or wilfully makes any to make a false or fraudulent statement or representation in or with reference to any an application for membership or for the purpose of obtaining money from or benefit in any an association transacting business under this chapter.
A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both."
SECTION 210. Section 38-37-1650 of the 1976 Code is amended to read:
"Section 38-37-1650. Any A person violating the provisions of this article is guilty of a misdemeanor and, upon conviction, shall pay a fine of must be fined not more than five thousand dollars or must be imprisoned for not more than five three years, or both."
SECTION 211. Section 38-43-190 of the 1976 Code is amended to read:
"Section 38-43-190. An insurance agent who acts for a person other than himself on behalf of another in negotiating a contract of insurance is the insurer's agent for the purpose of receiving the premium the insurer's agent, whatever conditions or stipulations may be contained in the policy or contract. Such An agent who knowingly procuring procures by fraudulent representations the payment, of a premium of insurance or the obligation for the payment, of a premium of insurance by fraudulent representation is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both."
SECTION 212. Section 38-43-240 of the 1976 Code is amended to read:
"Section 38-43-240. (A) Any It is unlawful for an agent, collector, or other person who to:
(a)(1) undertakes or pretends undertake or pretend to represent an insurer licensed to do business in this State, or to collects or does collect or do business for the insurer without the authority of the insurer,;
(b)(2) secures secure cash advances by false statements,; or
(c)(3) fails fail to turn over when required or satisfactorily account for all collections of the insurer when required.
(B) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned, in the discretion of the court not more than two years."
SECTION 213. Section 38-47-60 of the 1976 Code is amended to read:
"Section 38-47-60. If any It is unlawful for a person to:
(1) acts act as adjuster on a contract made otherwise other than as authorized by the laws of this State or made by an insurer or other person who is not regularly licensed to do business in the State; or
(2) adjusts adjust or aids aid in the adjustment, either directly or indirectly, of a claim arising under a contract of insurance not authorized by the laws of the State,.
A person who violates the provisions of this section he is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than two years, or both."
SECTION 214. Section 38-55-80 of the 1976 is amended to read:
"Section 38-55-80. (A) An insurer doing business in this State may not make a loan to any of its directors or officers, either directly or indirectly, in any manner, except as provided in this section, and its director or officer may not accept any loan, directly or indirectly. The insurer may not make an advance to any of its directors or officers for future services to be performed beyond a period of one year from the date of making the advance. Nothing contained in this This section does not prohibits prohibit a life insurer from making a policy loan upon its policy or contract in an amount not exceeding the net reserve or cash value of the policy or contract.
(B) This section does not prohibit an insurer in connection with the relocation of the place of employment of an officer, including any relocation in connection with the initial employment of the officer, from (a) making, or the officer from accepting, a mortgage loan to the officer on real property owned by the officer which is to serve as his residence or (b) acquiring, or the officer from selling to it, at not more than the fair market value, the residence of the officer. Mortgage loans made or residences acquired under this section are subject to the limitations imposed on investments by Section 38-11-50. In addition, this section does not prohibit an insurer from making a loan to its directors or officers if the loan is first approved in writing by the commissioner.
(C) An officer or director of an insurer who violates this section, either by participating in making the loan or by the accepting of a loan except as authorized in this section, is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both.
(D) Any A loan made by an insurer to its officers, directors, or employees shall bear bears the same rate of interest as is available to the public on loans from the insurer."
SECTION 215. Section 38-55-150 of the 1976 Code is amended to read:
"Section 38-55-150. A It is unlawful for a director or officer of an insurer who to wilfully receives any receive a premium or assessment on behalf of the insurer, knowing at the time of receipt of the premium or assessment that the insurer is insolvent according to the laws of its home state, without notifying and to fail to notify the person paying the premium or assessment of this fact,.
A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, in the discretion of the court."
SECTION 216. Section 38-55-160 of the 1976 Code is amended to read:
"Section 38-55-160. An It is unlawful for an agent, physician, or any other person who insures to insure or knowingly causes cause to be insured or reinstated in membership an infirm or unhealthy person, not at the time in an insurable uninsurable condition, with intent to defraud.
A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, in the discretion of the court."
SECTION 217. Section 38-59-50 of 1976 Code is amended to read:
"Section 38-59-50. Except as otherwise expressly provided in this title, it It is unlawful for an insurer to make payment or settlement of benefits arising under life, endowment, accident, health, or hospitalization policies written by the insurer in merchandise, or services rendered or agreed to be rendered, or to issue a policy which provides for settlement in merchandise or services rendered or to be rendered.
An insurer violating this section shall pay pays a penalty of ten times the amount of the policy, certificate, or other evidence of insurance to be collected in a suit by the policyholder or his legal representatives or beneficiary. An officer, agent, or servant of an insurer who violating violates this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both."
SECTION 218. Section 39-15-170 of the 1976 Code is amended to read:
"Section 39-15-170. Any A mark or name used to advertise the chemical or other contents of food products grown in this State or other articles shall may not be sold, bartered, or exchanged by any a person except through and by the State Development Board. The board is entrusted with handling by selling, or otherwise, any mark used for the purpose set forth in this section and may use under its direction any an officer of the State for the purpose of handling such mark.
Any A person who violating violates the provisions of this section shall is guilty of a misdemeanor and, upon conviction, must be subject to a fine fined in the discretion of the court or imprisonment, in the discretion of the court imprisoned not more than three years."
SECTION 219. Section 39-15-470 of the 1976 Code is amended to read:
"Section 39-15-470. It shall be is unlawful for any a person to receive or to purchase any a field box, crate, container, or receptacle marked or branded with a registered mark or brand as provided in this article from any a person other than the registered owner thereof or his duly authorized agent and proof. Proof of such receipt or purchase shall be is prima facie evidence in any court of this State that such receiver or purchaser the person received or purchased the same item with knowledge that it was stolen or embezzled property.
A person who violates this section is guilty of a misdemeanor and, upon conviction thereof, such person shall must be punished as is provided by law for receiving stolen or embezzled property fined in the discretion of the court or imprisoned not more than one year, or both."
SECTION 220. Section 39-17-340 of the 1976 Code is amended to read:
"Section 39-17-340. (A) Any It is unlawful for a person who shall to:
(1) ship, or undertake to ship, watermelons in carload lots from any point within this State in violation of the provisions of this article; or
(2) who shall sign, or cause to be signed, any a false certificate as to the grade and kind of melons shipped.
(B) A person who violates the provisions of this section shall be is guilty of a misdemeanor and, upon conviction, shall must be punished by fine fined in the discretion of the court or imprisonment imprisoned not more than one year, or both fine and imprisonment, in the discretion of the court."
SECTION 221. Section 40-5-320 of the 1975 Code is amended to read:
"Section 40-5-320. (A) It shall be is unlawful for any a corporation or voluntary association to:
(a)(1) to practice or appear as an attorney at law for any a person other than itself in any a court in this State or before any a judicial body,; (b)(2) to make it a business to practice as an attorney at law for any a person other than itself in any of such courts, a court or judicial body;
(c)(3) to hold itself out to the public as being entitled to practice law, or render or furnish legal services, or advice advise or to furnish attorneys or counsel, or render legal services of any kind in actions or proceedings of any nature or in any other way or manner,;
(d)(4) in any other manner to assume to be entitled to practice law or to assume, use, or advertise the title of lawyer, or attorney, attorney at law, or equivalent terms in any language in such manner as to convey the impression that it is entitled to practice law or to furnish legal advice, services, or counsel; or
(e)(5) to advertise that either alone or together with or by or through any person, whether a duly and regularly admitted attorney at law, or not, it has, owns, conducts, or maintains a law office or an office for the practice of law or for furnishing legal advice, services, or counsel, either alone or together with, by, or through a person, whether a duly and regularly admitted attorney at law, or not.
(B) Any A person who violating violates the provisions of this section shall be is guilty of a misdemeanor and, upon conviction, shall must be punished in the discretion of the court fined in the discretion of the court or imprisoned not more than three years, or both."
SECTION 222. Section 40-5-350 of the 1976 Code is amended to read:
"Section 40-5-350. It shall be is unlawful for any a person or his agent, employee, or anyone acting on his behalf to:
(1) solicit or procure through solicitation, either directly or indirectly, legal business; or
(2) to solicit or procure through solicitation a retainer, written or oral, or any an agreement authorizing an attorney to perform or render legal services.
Any A person who violating any violates a provision of this section shall be is guilty of a misdemeanor and, upon conviction, shall must be punished in the discretion of the court fined in the discretion of the court or imprisoned not more than three years, or both."
SECTION 223. Section 40-5-360 of the 1976 Code is amended to read:
"Section 40-5-360. It shall be is unlawful for any a person, partnership, corporation, or association to divide with or receive from, or to agree to divide with or receive from, any an attorney at law or group of attorneys at law, whether practicing in this State or elsewhere, either before or after action brought, any portion of any a fee or compensation charged or received by such an attorney at law or any valuable consideration or reward as an inducement for placing or in consideration of having placed in the hands of such an attorneys at law attorney, or in the hands of another person a claim or demand of any kind for the purpose of collecting such the claim or bringing an action thereon on the claim or of representing the claimant in the pursuit of any civil remedy for the recovery thereof of the claim. But this This section does not apply to an agreement between attorneys and counsellors at law to divide between themselves the compensation to be received.
Any A person who violating any of violates the provisions of this section is guilty of a misdemeanor and, upon conviction, shall must be punished in the discretion of the court fined in the discretion of the court or imprisoned not more than three years, or both."
SECTION 224. Section 40-6-170 of the 1976 Code is amended to read:
"Section 40-6-170. Any A person who violating violates the provisions of this chapter shall be deemed is guilty of a misdemeanor and, upon conviction, of a first offense shall must be:
(1) fined an amount not to exceed more than five hundred dollars or imprisoned for a term not to exceed more than six months for a first offense;.
(2) for a second offense shall be fined an amount not to exceed more than one thousand dollars or imprisoned for a term not to exceed more than one year for a second offense.
(3) and for a third or subsequent offense shall be fined an amount not to exceed more than two thousand five hundred dollars or imprisoned for a term not to exceed more than five three years for a third or subsequent offense."
SECTION 225. Section 40-11-300 of the 1976 Code is amended to read:
"Section 40-11-300. It shall be a misdemeanor punishable in the discretion of the court is unlawful for any an architect, engineer, awarding authority, owner, contractor, or person acting therefor his agent, to receive or consider any bids unless the bidder has first obtained the licenses provided for in required by this chapter, except that the State Highway Department shall not require a. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both. A person is not required to be licensed before bidding on a State Highway Department of Highways and Public Transportation project but shall require such person to must be licensed before he may be awarded a State Highway Department department contract."
SECTION 226. Section 40-41-220 of the 1976 Code is amended to read:
"Section 40-41-220. It is hereby declared unlawful for any nomadic individual, or bands of such nomads, to encamp or to trade in horses, or mules, or other animals or commodities within any county of this State, without first having obtained obtaining a license from the clerk of the court therefor upon the. The payment of a license fee of is three hundred dollars.
A person who violation violates the provisions of this section shall be a is guilty of a misdemeanor and, upon conviction, punishable by fine or imprisonment must be fined in the discretion of the court or imprisoned not more than one year, or both, in the discretion of the court."
SECTION 227. Section 40-43-140 of the 1976 Code, as last amended by Act 548 of 1988, is further amended to read:
"Section 40-43-140. (A) It is unlawful for anyone a person, except a licensed pharmacist licensed under this chapter who conforms and pursuant to the regulations of the Board of Pharmacy to:
(a) (1) to take, use, or exhibit the title `Pharmacist', `Druggist', `Pharmacy', `Drugstore', `Drugs', `Prescriptions', or any other title, sign, display, or declaration that would tend tends to lead the public to believe that the person was is engaged in the business of selling, compounding, or dispensing any medicinal drugs, medicinal chemicals, pharmaceutical preparations, or biologicals; or
(b) (2) to have charge of, engage in, or carry on, for himself or another, the dispensing, compounding, or sale of any medicinal drugs, medicinal chemicals, pharmaceutical preparations, or biologicals anywhere within this State.
(B) Except as prescribed by the provisions of this chapter, it is unlawful for any a person to practice as a licensed pharmacist or to advertise or represent himself by any a title, sign, display, declaration, or otherwise other item to be such a licensed pharmacist or to engage in, conduct, carry on, or be employed in the dispensing, compounding, or retailing of any medicinal drugs, medicinal chemicals, pharmaceutical preparations, or biologicals within this State.
(C) This section must not be construed as precluding any a person from owning or being a permit holder for a pharmacy, if all of the dispensing, compounding, and retailing of medicinal drugs, medicinal chemicals, pharmaceutical preparations, and biologicals in it are under the supervision and direction of a licensed pharmacist. (D) Any A person who violating violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished as provided by this chapter in Section 40-43-320."
SECTION 228. Section 40-43-320 of the 1976 Code is amended to read:
"Section 40-43-320. Any A person who violating violates any a provision of this chapter shall be is guilty of a misdemeanor and, upon conviction thereof, shall must be punished by a fine fined not to exceed more than five hundred dollars or imprisonment imprisoned not exceeding eighteen months more than two years, or both, in the discretion of the court."
SECTION 229. Section 41-15-50 of the 1976 Code is amended to read:
"Section 41-15-50. It shall be is unlawful for any a person in this State to operate any an elevator without having a proper light at the entrance of all elevator shafts while such the elevator is in operation.
Any A person who violating violates the provisions hereof shall be of this section is guilty of a misdemeanor and, upon conviction, thereof shall must be fined in the discretion of the court or imprisoned in the discretion of the court not more than one year."
SECTION 230. Section 43-5-40 of the 1976 Code is amended to read:
"Section 43-5-40. Any It is unlawful for a person who shall, to except for purposes directly connected with the administration of Chapters 1, 3, 5, 7, 9, 19 and 23 or of old age assistance, aid to the blind, aid to dependent children or general relief and in accordance with the rules and regulations of the State Department, solicit, disclose, receive, make use of, or authorize, knowingly permit, participate in, or acquiesce in the use of any a list, or name of, or any information concerning persons applying for or receiving such public aid or assistance, directly or indirectly derived from the records, papers, files, or communications of the State or county departments of social services or acquired in the course of the performance of official duties, except for purposes directly connected with the administration of Chapters 1, 3, 5, 7, 9, 19, and 23 or of old age assistance, aid to the blind, aid to dependent children, or general relief and in accordance with the regulations of the department.
A person who violates the provisions of this section is shall be guilty of a misdemeanor and, upon conviction, shall must be punishable therefor by fine fined in the discretion of the court or imprisonment imprisoned not more than three years, or both."
SECTION 231. Section 43-33-40 of the 1976 Code is amended to read:
"Section 43-33-40. (A) Any It is unlawful for a person or the his agent of any person who to:
(1) denies or interferes deny or interfere with admittance to or enjoyment of the public facilities enumerated in Section 43-33-20; or
(2) otherwise interferes interfere with the rights of a totally or partially blind or otherwise disabled person under Section 43-33-20.
(B) A person who violates the provisions of this section is shall be guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both."
SECTION 232. Section 44-31-360 of the 1976 Code is amended to read:
"Section 44-31-360. Any A person or persons who violating violates the provisions of this article shall be is guilty of a misdemeanor and, upon conviction shall, upon conviction thereof, must be fined in the discretion of the court or imprisoned in the discretion of the court not more than three years."
SECTION 233. Section 44-53-370(b) of the 1976 Code is amended to read:
"(b) Any A person who violates subsection (a) with respect to:
(1) A a controlled substance classified in Schedule I (b) and (c) which is a narcotic drug or lysergic acid diethylamide (LSD) and in Schedule II which is a narcotic drug shall be deemed is guilty of a felony and, upon conviction, shall for a first offense must be sentenced to a term of imprisonment for imprisoned not more than fifteen years or a fine of fined not more than twenty-five thousand dollars, or both. For a second offense, or if, in the case of a first conviction of violation of any provision of this subsection, the offender shall previously have has been convicted of any a violation of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, the offender shall must be imprisoned for not less than five years nor more than thirty years, or fined not more than fifty thousand dollars, or both. For a third or subsequent offense, or if the offender shall previously have has been convicted two or more times in the aggregate of any a violation of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, the offender shall must be imprisoned for not less than fifteen years nor more than thirty years, or fined not more than fifty thousand dollars, or both. Except in the case of conviction for a first offense, the sentence shall must not be suspended and probation shall must not be granted.
(2) Any any other controlled substance classified in Schedule I, II, or III shall be deemed is guilty of a misdemeanor felony and, upon conviction, shall for a first offense must be sentenced to a term of imprisonment for imprisoned not more than five years or a fine of fined not more than five thousand dollars, or both. For a second offense, or if, in the case of a first conviction of violation of any provision of this subsection, the offender shall previously have has been convicted of any a violation of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, the offender shall be deemed is guilty of a felony and, upon conviction, shall must be sentenced to a term of imprisonment for imprisoned not more than ten years, or fined not more than ten thousand dollars, or both. For a third or subsequent offense, or if the offender shall previously have has been convicted two or more times in the aggregate of any a violation of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, the offender shall be deemed is guilty of a felony and, upon conviction, shall must be sentenced to a term of imprisonment for imprisoned not less than five years nor more than twenty years, or fined not more than twenty thousand dollars, or both. Except in the case of conviction for a first offense, the sentence shall must not be suspended and probation shall must not be granted.
(3) A a substance classified in Schedule IV shall be deemed is guilty of a misdemeanor and, upon conviction, shall for a first offense must be sentenced to a term of imprisonment for imprisoned not more than three years or a fine of fined not more than three thousand dollars, or both. In the case of second or subsequent offenses, the sentence shall be twice the first offense person is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than six thousand dollars, or both.
(4) A a substance classified in Schedule V shall be deemed is guilty of a misdemeanor and, upon conviction, shall for a first offense must be sentenced to a term of imprisonment for imprisoned not more than one year or a fine of fined not more than one thousand dollars, or both. In the case of second or subsequent offenses, the sentence shall must be twice the first offense."
SECTION 234. Section 44-53-370(d) of the 1976 Code is amended to read:
"(d) Any A person who violates subsection (c) with respect to:
(1) A a controlled substance classified in Schedule I (b) and (c) which is a narcotic drug or lysergic acid diethylamide (LSD) and in Schedule II which is a narcotic drug shall be deemed is guilty of a misdemeanor and, upon conviction, shall must be imprisoned for not more than two years or fined not more than five thousand dollars, or both. For a second offense, the offender shall be is guilty of a felony and, upon conviction, shall must be imprisoned for not more than three five years or fined not more than five thousand dollars, or both. For a third or subsequent offense, the offender shall be deemed is guilty of a felony and, upon conviction, shall must be imprisoned for not more than four five years or fined not more than ten thousand dollars, or both.
(2) Any any other controlled substance classified in Schedules I through V shall be deemed is guilty of a misdemeanor and, upon conviction, shall must be imprisoned for not more than six months or fined not more than one thousand dollars, or both. For a second or subsequent offense, the offender shall be deemed is guilty of a misdemeanor and, upon conviction, shall must be subject to imprisonment for imprisoned not more than one year or a fine of fined not more than two thousand dollars, or both, except as provided in subsection (d)(3).
(3) Possession possession of more than ten grains of cocaine, one hundred milligrams of alpha- or beta-eucaine, four grains of opium, four grains of morphine, two grains of heroin, one hundred milligrams of isonipecaine, twenty-eight grams or one ounce of marijuana, ten grams of hashish or more than fifty micrograms of lysergic acid diethylamide (LSD) or its compounds shall be prima facie guilty of violation of subsection (a) of this section. Provided, however, that any A person who violates this subsection with respect to twenty-eight grams or one ounce or less of marijuana or ten grams or less of hashish shall be deemed is guilty of a misdemeanor and, upon conviction, shall must be subject to imprisonment for a term imprisoned not to exceed more than thirty days or a fine of fined not less than one hundred dollars nor more than two hundred dollars. Conditional discharge may be granted in accordance with the provisions of Section 44-53-450 upon approval by the circuit solicitor to the magistrate or municipal judge. As a part of any sentence, a magistrate or municipal judge may require attendance at an approved drug abuse program. Persons charged with the offense of possession of marijuana or hashish under this item may be permitted to enter the pretrial intervention program under the provisions of Act 360 of 1980 [Sections 17-22-10 through 17-22-160]. For a second or subsequent offense, the offender shall be deemed is guilty of a misdemeanor and, upon conviction, shall must be subject to imprisonment for imprisoned a term not to exceed more than one year or a fine fined not less than two hundred dollars nor more than one thousand dollars, or both fine and imprisonment. Fines collected pursuant to the provisions of this item shall must be distributed as follows:
(i) For a first offense, the first one hundred dollars shall must be distributed pursuant to the provisions of Section 44-53-580 and all monies in excess of that amount shall must be distributed to the unit of government whose law enforcement officers initiated the investigation which resulted in the conviction.
(ii) For a second or subsequent offense, the first two hundred dollars shall must be distributed pursuant to the provision of Section 44-53-580 and all monies in excess of that amount shall must be distributed to the unit of government whose law enforcement officers initiated the investigation which resulted in the conviction.
The distribution of fines provided for in this section shall apply applies whether or not law enforcement officers from more than one unit of government became involved in the case after the start of the initial investigation. When a person is charged under this subsection for possession of controlled substances, bail shall not exceed the amount of the fine. A person charged under this item for a first offense for possession of controlled substances may forfeit bail by nonappearance and, upon forfeiture, the bail shall must be distributed as provided in subitem (1) of this item."
SECTION 235. Section 46-17-460 of the 1976 Code is amended to read:
"Section 46-17-460. Any Except as specifically provided in this chapter, a person who shall violate any violates a provision of this chapter for which no penalty for the violation is specifically provided shall be is guilty of a misdemeanor and, upon conviction, shall must be punished in the discretion of the court fined in the discretion of the court or imprisoned not more than three years, or both."
SECTION 236. Section 46-19-270 of the 1976 Code is amended to read:
"Section 46-19-270. (A) In the event It is unlawful for a market to:
(1) displays display a sign indicating approval by the department or participation in the program prior to before the approval by the department; or
(2) continues continue to display such the sign after final administrative action revoking the approval of such the market; or
(3) fails fail to return to the department any such a sign issued to the market by the department within ten days after official notice from the department to return the sign, the.
(B) The owner of such the market shall be who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punishable as such fined in the discretion of the court or imprisoned not more than three years, or both."
SECTION 237. Section 46-25-80 of the 1976 Code is amended to read:
"Section 46-25-80. Any A person or dealer who violating violates the Fertilizer Law of this State shall be provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both."
SECTION 238. Section 48-27-230 of the 1976 Code is amended to read:
Section 48-27-230. Plans, maps, specifications, and reports issued by a registrant shall must be endorsed with his name and license number, and it shall be a misdemeanor for anyone. It is unlawful for a person to endorse any documents after his license has expired or has been revoked. It shall be a misdemeanor also is unlawful for any a registered forester to endorse any plan, specification, estimate, or map unless he shall have has actually prepared such the plan, specification, estimate, or map or shall have has been in actual charge of the its preparation thereof.
A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than two years, or both."
SECTION 239. Section 48-27-250 of the 1976 Code is amended to read:
"Section 48-27-250. Any Except as specifically provided in this chapter, a person who violating violates the provisions of this chapter shall be deemed is guilty of a misdemeanor and, upon conviction, shall must be fined in the discretion of the court or imprisoned in the discretion of the court not more than three years."
SECTION 240. Section 48-49-60(a) of the 1976 Code is amended to read:
"(a) Any A person violating the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be punished by a fine fined not to exceed more than twenty-five thousand dollars or by imprisonment for a term imprisoned not to exceed five more than three years, or both. In addition, any county or municipality is authorized to seek injunctive relief enjoining violations of this chapter."
SECTION 241. Section 50-1-136 of the 1976 Code is amended to read:
"Section 50-1-136. (A) Notwithstanding the provisions of Section 16-17-410 and any other provisions of law, every a person who conspires to violate any provisions provision of the game and fish laws of this State or any other provision of Title 50, except the provisions of the Federal Migratory Bird Treaty Act or its regulations promulgated by authority of that act, is guilty of a misdemeanor and, upon conviction, is subject to a penalty not greater than that provided by law for the violation must be fined not more than one thousand dollars or imprisoned not more than one year, or both.
(B) Every A person who conspires to violate two or more provisions of the game and fish laws of this State or any other provision of Title 50, except the provisions of the Federal Migratory Bird Treaty Act or its regulations promulgated by authority of that act, is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars or imprisoned for not more than one year, or both.
(C) In addition to the criminal penalty, any a person convicted of such conspiracy under this section shall have his privilege to hunt or fish either recreationally or commercially revoked for one year."
SECTION 242. Section 50-13-350 of the 1976 Code is amended to read:
"Section 50-13-350. Whenever anyone shall have A person who made makes or created creates an artificial pond on his own land and shall put therein any fish or the eggs of any fish or oysters, for the purpose of breeding and cultivating fish or oysters, and shall give place a written or printed notice of the breeding or cultivating fish or oysters thereof, by written or printed handbills, put up in public places near such the pond, any. It is unlawful for a person who to shall thereafter enter in or about such the pond for the purpose of fishing, shall to fish, catch or take away any fish or oysters, therefrom or shall be guilty of committing any trespass by using any means to destroy or injure the fish or oysters raised or collected in such pond or by breaking break the dam for the purpose of permitting the fish or oysters to escape.
A person who violates the provisions of this section shall be is guilty of a misdemeanor and, upon conviction, shall must be subject to a fine of fined not less than twenty dollars nor more than one hundred dollars or be imprisoned at the discretion of the court not more than three years. Any such A fine, if imposed, shall go one-half to the informer and the other half to the person whose property shall have has been injured. Nothing in this section shall be construed as applying applies to ponds used as water power for manufacturing purposes."
SECTION 243. Section 50-13-1460 of the 1976 Code is amended to read:
"Section 50-13-1460. Any A person convicted of violating any of the provisions of Section 50-13-1440 shall be is prohibited from hunting or fishing within the State for a period of five years, and both his hunting and fishing license, if either has been issued to him, shall must be immediately revoked upon his conviction. Any A person found fishing or hunting who fishes or hunts within the State who after he has been convicted of violating the provisions of Section 50-13-1440 within such the five-year period shall be is guilty of a misdemeanor and, upon conviction therefor, shall must be fined in the discretion of the court or imprisoned, in the discretion of the court not more than three years."
SECTION 244. Section 50-13-1470 of the 1976 Code is amended to read:
"Section 50-13-1470. Any A person who sees another person violating the provisions of Section 50-13-1440 and who fails, within two weeks, to report the same violation to a game warden, sheriff, or some other law enforcement officer within the county in which such the violation occurred, within two weeks thereafter, shall be is guilty of a misdemeanor and, upon conviction therefor, shall must be fined in the discretion of the court or imprisoned, in the discretion of the court not more than three years."
SECTION 245. Section 50-21-710(6) of the 1976 Code is amended to read:
"(6) Any A person who violates any a provision or regulation promulgated pursuant to this section is of an aid to navigation, of a regulatory marker or of a rule and regulation shall be deemed guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both."
SECTION 246. Section 54-1-40 of the 1976 Code is amended to read:
"Section 54-1-40. (A) If any person within this State shall suffer It is unlawful for the captain, master, or other person having the command or charge of a boat to cause injury to life or limb of another by:
(a) (1) by the explosion of any a boiler of a steamboat,;
(b) (2) by reason of the unskillfulness, mismanagement, or negligence of the person having the charge or command of any such boat the boat; or
(c) (3) by reason of the deficiency or want of any matter or thing necessary and proper for the management or seaworthiness of any such boat, the captain, master or other person having the command or charge of such boat shall, for every such injury, be.
(B) A person who violates the provisions of this section is guilty of a misdemeanor and, on upon conviction, shall must be punished by fine fined in the discretion of the court or imprisonment imprisoned not more than three years, or both, at the discretion of the court before which such conviction shall be had.
(C) But nothing contained in this This section shall must not be so construed as to prevent the defendant from showing, on at the trial, that the injury arose from unavoidable accident or without fault on his part, nor shall this section be in any manner construed and this section must not be construed to restrict the liability of any a person to be indicted, tried and punished convicted under any other law."
SECTION 247. Section 56-5-750 of the 1976 Code, as last amended by Act 532 of 1988, is further amended to read:
"Section 56-5-750. In the absence of mitigating circumstances, it is unlawful for any a motor vehicle driver, while driving on any a road, street, or highway of the State, to fail to stop when signaled by any law enforcement vehicle by means of a siren or flashing light. Any An attempt to increase the speed of a vehicle or in other manner avoid the pursuing law enforcement vehicle when signaled by a siren or flashing light is prima facie evidence of a violation of this section. Failure to see the flashing light or hear the siren does not excuse a failure to stop when the distance between the vehicles and other road conditions are such that it would be reasonable for a driver to hear or see the signals from the law enforcement vehicle.
Any A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars or imprisoned for not less than ninety days nor more than three years and in the discretion of the judge his. The person's driver's license may be suspended for a period not to exceed more than one year. Any A motorist who wilfully fails to stop when signaled by a law enforcement officer shall have his license suspended for at least thirty days."
SECTION 248. Section 56-5-2945(A)(1) of the 1976 Code, as last amended by Act 58 of 1987, is further amended to read:
"(1) by a mandatory fine of not less than five thousand dollars nor more than ten thousand dollars and mandatory imprisonment for not less than thirty days nor more than ten fifteen years when great bodily injury results;"
SECTION 249. Section 4 of Act 16 of 1987 is designated as Section 56-29-30 and is amended to read:
"Section 56-29-30. (A) Any It is unlawful for a person who knowingly and with intent to violate this section:
(1) owns, operates, or conducts own, operate, or conduct a chop shop;
(2) transports any transport a motor vehicle or motor vehicle part to or from a location knowing it to be a chop shop; or
(3) sells, transfers, purchases, or receives any sell, transfer, purchase, or receive a motor vehicle or motor vehicle part either to or from a location knowing it to be a chop shop;.
A person who violates the provisions of this section is guilty of a felony, and, upon conviction, must be punished by imprisonment for imprisoned not more than ten years, or by a fine of or fined not more than one hundred thousand dollars, or both.
(B) Any A person who knowingly alters, counterfeits, defaces, destroys, disguises, falsifies, forges, obliterates, or knowingly removes a vehicle identification number, or causes any of the above to be done, with the intent to misrepresent the identity or prevent the identification of a motor vehicle or motor vehicle part, upon conviction is guilty of a felony and, upon conviction, must be punished by imprisonment for imprisoned not more than five years, or by a fine of fined not less than five thousand nor more than ten thousand dollars, or both.
(C)(1) Any A person who buys, disposes, sells, transfers, or possesses a motor vehicle or motor vehicle part, with knowledge that the vehicle identification number of the motor vehicle or motor vehicle part has been altered, counterfeited, defaced, destroyed, disguised, falsified, forged, obliterated, or removed, or causes any of the above to be done, is guilty of a felony, and, upon conviction, must be punished by imprisonment for imprisoned not more than five years or by a fine of fined not less than five thousand nor more than ten thousand dollars, or both.
(2) The provisions of item (1) of subsection (C) of this section do not apply to a motor vehicle scrap processor who, in the normal legal course of business and in good faith, processes a motor vehicle or motor vehicle part by crushing, compacting, or other similar methods, provided that any vehicle identification number is not removed from the motor vehicle or motor vehicle part prior to before or during the processing.
(D) A person commits an attempt when, with intent to commit a violation proscribed by subsection (A), (B), or (C) of this section, the person does any act which constitutes a substantial step toward the commission of the violation proscribed by those subsections and is guilty of a felony, and, upon conviction, must be punished by imprisonment for imprisoned not more than five years or a fine of fined not less than five thousand nor more than ten thousand dollars, or both.
(E) A person commits the offense of conspiring to violate the provisions of this act if he knowingly and wilfully agrees with another person to the commission of the offenses proscribed by subsection (A), (B), or (C) of this section and is guilty of a felony, and upon. Upon conviction, the person must be punished by imprisonment for imprisoned not more than five years, or by a fine of fined not more than five thousand dollars.
(F) Persons convicted of a second offense under this section must be punished by a term of imprisonment for not less than one year. Persons convicted of a third or subsequent offense must be punished by a term of imprisonment for not less than five years. No part of these minimum sentences may be suspended or reduced until the person has served the minimum period of imprisonment.
(G) (1) In addition to any other punishment, a person who violates this section must be ordered to make restitution to the lawful owner of the stolen motor vehicle or the stolen motor vehicle part, or to the owner's insurer to the extent that the owner has been compensated by the insurer, and to any other person for any financial loss sustained as a result of a violation of this section.
Financial loss includes, but is not limited to, loss of earnings, out-of-pocket and other expenses, repair and replacement costs, and claims payments. Lawful owner includes an innocent bona fide purchaser for value of a stolen motor vehicle or stolen motor vehicle part who does not know that the motor vehicle or part is stolen; or an insurer to the extent that the insurer has compensated a bona fide purchaser for value.
(2) The court shall determine the extent and method of restitution. In an extraordinary case, the court may determine that the best interests of the victim and justice would not be served by ordering restitution. In that case, the court shall make and enter specific written findings on the record concerning the extraordinary circumstances presented which militated against restitution."
SECTION 250. Section 58-13-10 of the 1976 Code is amended to read:
"Section 58-13-10. It shall be is unlawful for any agent, servant, baggage master, or other person in the service or employment of any a carrier of persons or property for hire, carelessly, negligently, or wilfully to open, break into, or injure any a package, parcel, or baggage while in the custody or under the control of any such the common carrier.
Any A person violating the provisions of this section shall be is guilty of a misdemeanor and, upon conviction, punished by fine must be fined in the discretion of the court or imprisonment imprisoned not more than two years, or both, in the discretion of the court."
SECTION 251. Section 59-25-250 of the 1976 Code is amended to read:
"Section 59-25-250. (A) The court of common pleas shall, on Upon application of by the State Board of Education, the court of common pleas shall enforce by proper proceedings the attendance and testimony of witnesses and the production of books, papers, and records; and shall have the power to punish as for contempt of court, by a fine or imprisonment or both, the. The unexcused failure or refusal to attend and give testimony or produce books, papers, and records as may have been required in any subpoena issued by the State Board of Education is a misdemeanor. A person who engages in this conduct, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both.
(B) The State Board of Education may issue to the sheriff of the county in which any a hearing is held a warrant requiring him to produce at the hearing any a witness who shall have has ignored or failed to comply with any subpoena issued by the State Board of Education and duly properly served upon such the witness. Such a The warrant shall authorize authorizes the sheriff to arrest and produce at the hearing such the witness, and it shall be is his duty to do so. But the The failure of a witness so to appear in response to any such a subpoena may be excused on the same grounds as provided by law in the courts of this State as to for the attendance of witnesses in the courts of this State."
SECTION 252. Section 59-63-450 of the 1976 Code is amended to read:
"Section 59-63-450. No A child shall must not be counted more than once in the school enrollment more than once nor in more than one of a school district in any one school year, and a. A pupil who enrolls in more than one school in any school year shall must be counted only in the enrollment of the first school which such the pupil legally attends for a period of at least thirty-five days during such the school year.
Any A school officer charged with the duty of enrollment who shall wilfully violate violates this provision shall be the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both."
SECTION 253. Section 61-13-810 of the 1976 Code is amended to read:
"Section 61-13-810. It shall be is unlawful for any a person, with or without a beer or wine permit, to sell or to offer for sale any a beverage, generally used as and for a soft drink rather than as a medicine or for cooking purposes, having any alcoholic content, when such the beverage resembles in color and general appearances a vegetable drink, a fruit drink, or a soft drink. A person who Violation of violates the provisions of this section shall be is guilty of a misdemeanor and, upon conviction, shall must be punishable in the discretion of the court fined in the discretion of the court or imprisoned not more than three years, or both. In addition, such drinks these beverages are hereby declared contraband and shall must be seized by any duly an authorized agent of the South Carolina Alcoholic Beverage Control Commission, or by any a peace officer, and shall be disposed of in like a manner as is provided by law for the disposition of illegal alcoholic liquors."
SECTION 254. Section 16-3-615 of the 1976 Code, as added by Act 139 of 1991, is amended to read:
"Section 16-3-615. (A) Sexual battery, as defined in Section 16-3-651(h), when accomplished through use of aggravated force, defined as the use of physical force or physical violence of a high and aggravated nature which results in some physical manifestation of that force or violence to overcome the victim, by one spouse against the other spouse if they are living together, constitutes the crime of spousal sexual battery and, upon conviction, is punishable according to the discretion of the court must be imprisoned not more than ten years.
(B) The offending spouse's conduct must be reported to appropriate law enforcement authorities within thirty days in order for that spouse to be prosecuted for this offense.
(C) The provisions of Section 16-3-659.1 do not apply to any trial brought under this section."
SECTION 255. Section 22-3-570 of the 1976 Code is amended to read:
"Section 22-3-570. Magistrates shall have jurisdiction of petit larceny and all other larcenies by stealing of the property of another, of involving personal property including, but not limited to:
(1) money,;
(2) goods or chattels, of any;
(3) bank note, bond, promissory note, bill of exchange or other bill,;
(4) order or certificate, of any;
(5) book of accounts for or concerning money or goods due, to become due or to be delivered, of any;
(6) deed or writing containing a conveyance of land, of any;
(7) other valuable contract in force, of any;
(8) receipt,;
(9) release or defeasance; or of
(10) any writ, process, or public record, if the.
The value of the property stolen does not exceed twenty must be two hundred dollars or less in value."
SECTION 256. Sections 16-1-15, 16-9-40, 16-13-20, 16-13-90, 16-13-190, 16-13-200, 16-15-30, 16-15-40, 16-15-50, 16-15-60, 16-15-70, 16-15-80, 16-15-120, 16-17-10, 16-17-20, 24-5-40, 39-23-90, and 54-9-80 of the 1976 Code are repealed.
SECTION 257. This act takes effect upon approval by the Governor.
Senator BRYAN explained the amendment.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
H. 3425 -- Rep. Baxley: A BILL TO ALLOW A PERSON SENTENCED TO A TERM OF IMPRISONMENT AND INCARCERATED IN A COUNTY PRISON OR JAIL TO BE RELEASED TO A PRISONER REHABILITATION PROGRAM APPROVED BY THE GOVERNING BODY OF THE COUNTY, TO AUTHORIZE A COUNTY GOVERNING BODY TO CONTRACT WITH A NONGOVERNMENTAL ORGANIZATION, ASSOCIATION, CORPORATION, PARTNERSHIP, OR GROUP WHICH HAS AS ITS CHIEF PURPOSE THE REHABILITATION OF PRISONERS, TO PROVIDE FOR THE RETURN OF RELEASED PRISONERS TO THE COUNTY PRISON OR JAIL UNDER CERTAIN CIRCUMSTANCES AND FOR THE EXCHANGE OF PRISONERS, TO PROVIDE FOR A REDUCTION OF SENTENCE OR FOR RELEASE OF A PRISONER INTO SOCIETY AT LARGE UPON SUCCESSFUL COMPLETION OF THE REHABILITATION PROGRAM, AND TO PROVIDE FOR THE LIABILITY OF THE PRISONER REHABILITATION PROGRAM WHILE A PRISONER IS IN ITS CUSTODY AND CARE.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment previously proposed on May 12, 1992.
Senator ROSE previously proposed the following amendment (RES3425.01), which was withdrawn:
Amend the bill, as and if amended page 1, after line 43, by adding an appropriately numbered SECTION to read:
/SECTION . Chapter 15 of Title 23 of the 1976 Code is amended to read:
"Section 23-15- . No public official, public member, or public employee, as defined in Chapter 13 of Title 8, who is a law enforcement official may derive any personal income from providing food or any other product or service to a prisoner."/
Renumber sections to conform.
Amend title to conform.
Senator ROSE asked unanimous consent to withdraw the amendment.
There was no objection.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
H. 4182 -- Reps. Waldrop, Chamblee and Cooper: A BILL TO AMEND SECTIONS 24-13-1310 AND 24-13-1340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY FOR PARTICIPATION IN THE SHOCK INCARCERATION PROGRAM, SO AS TO PROVIDE THAT A PERSON MUST NOT HAVE ATTAINED THE AGE OF THIRTY YEARS RATHER THAN TWENTY-SIX YEARS AT THE TIME OF ADMISSION TO THE DEPARTMENT OF CORRECTIONS TO BE ELIGIBLE FOR THE PROGRAM.
The Senate proceeded to consideration of the Bill. The question being the third reading of the Bill.
Senator ROSE proposed the following amendment (RES4182.04), which was adopted:
Amend the bill, as and if amended, page 1, after line 43, by adding by adding an appropriately numbered SECTION to read:
/SECTION . Chapter 15 of Title 23 of the 1976 Code is amended to read:
"Section 23-15- . No public official, public member, or public employee who is a law enforcement official, or member of his immediate family, as defined in Chapter 13 of Title 8, may derive any personal income from providing food or any other product or service to a prisoner after July 1, 1992."/
Renumber sections to conform.
Amend title to conform.
Senator ROSE explained the amendment.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
H. 3095 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-23 SO AS TO PROVIDE THAT A PERSON WHO IS CONVICTED OF OR PLEADS GUILTY TO MURDER AND IS FOUND TO BE MENTALLY RETARDED MUST BE SENTENCED TO LIFE IMPRISONMENT, DEFINE MENTALLY RETARDED, AND PROVIDE A PROCEDURE TO DETERMINE MENTAL RETARDATION; AND TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO PROHIBIT THE EXECUTION OF A PERSON FOUND TO BE MENTALLY RETARDED.
Senator SALEEBY asked unanimous consent to take the Bill up for immediate consideration.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
Senator THOMAS objected to further consideration of the Bill.
The following Joint Resolutions were severally read the third time, passed and ordered sent to the House of Representatives:
S. 1545 -- Senator Holland: A JOINT RESOLUTION TO PROVIDE THAT THE KERSHAW COUNTY COUNCIL SHALL PREPARE THE APPROPRIATE IDENTIFYING SIGN AND SCHEDULE A CEREMONY FOR THE NAMING OF THE BUILDING WHICH HOUSES THE KERSHAW COUNTY SHERIFF'S DEPARTMENT AT 609 LAFAYETTE AVENUE IN CAMDEN AS THE "DEBRUHL BUILDING".
(By prior motion of Senator HOLLAND)
S. 1520 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE ENVIRONMENTAL CERTIFICATION BOARD, RELATING TO BIOLOGICAL WASTEWATER TREATMENT PLANT OPERATORS, PHYSICAL/CHEMICAL WASTEWATER TREATMENT PLANT OPERATORS AND WATER TREATMENT PLANT OPERATORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1390, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bills having been read the second time were passed and ordered to a third reading:
H. 3168 -- Rep. Huff: A BILL TO AMEND SECTION 20-7-1572, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR TERMINATION OF PARENTAL RIGHTS, SO AS TO DELETE THAT FAILURE TO SUPPORT A CHILD REQUIRES A REQUEST FOR A CONTRIBUTION BY THE CUSTODIAN OF THE CHILD AND TO PROVIDE THAT A REQUEST FOR SUPPORT IS A CIRCUMSTANCE THAT THE COURT MAY CONSIDER IN DETERMINING WHETHER A PARENT HAS WILFULLY FAILED TO SUPPORT A CHILD.
H. 4604 -- Rep. Wilkins: A BILL TO AMEND SECTION 4-9-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A COUNTY'S AUTHORITY TO APPOINT AND COMMISSION ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT THIS AUTHORITY SHALL NOT INTERFERE WITH THE CURRENT FUNCTIONS AND DUTIES OF THE SHERIFF.
S. 618 -- Senators Helmly and Moore: A BILL TO AMEND SECTION 25-11-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND REMOVAL OF A COUNTY VETERANS' AFFAIRS OFFICER, SO AS TO INCREASE THE TERM OF OFFICE FROM TWO TO FOUR YEARS.
Senator HOLLAND asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
H. 3095 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-23 SO AS TO PROVIDE THAT A PERSON WHO IS CONVICTED OF OR PLEADS GUILTY TO MURDER AND IS FOUND TO BE MENTALLY RETARDED MUST BE SENTENCED TO LIFE IMPRISONMENT, DEFINE MENTALLY RETARDED, AND PROVIDE A PROCEDURE TO DETERMINE MENTAL RETARDATION; AND TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO PROHIBIT THE EXECUTION OF A PERSON FOUND TO BE MENTALLY RETARDED.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The amendment proposed by the Committee on Judiciary (JUD3095.001) was adopted as follows:
Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting therein the following:
/SECTION 1. Section 16-3-20(C)(b) of the 1976 Code is amended by adding a subitem to read:
"(10) The defendant had mental retardation at the time of the crime. `Mental retardation' means significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period."/
Amend title to conform.
Senator BRYAN explained the amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
H. 3582 -- Reps. M. Martin and D. Elliott: A BILL TO AMEND SECTION 17-22-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS NOT ELIGIBLE FOR A PRETRIAL INTERVENTION PROGRAM, SO AS TO DELETE A PROVISION WHICH STATES THAT PERSONS CONVICTED OF A FISH, GAME, WILDLIFE, OR COMMERCIAL FISHERY-RELATED OFFENSE WHICH IS PUNISHABLE BY A FINE OR LOSS OF POINTS MAY NOT BE CONSIDERED FOR THIS PROGRAM, AND TO AMEND THE 1976 CODE BY ADDING SECTION 50-9-115 SO AS TO PROVIDE THAT IF A PERSON CHARGED WITH ONE OF THESE OFFENSES IS ACCEPTED INTO A PRETRIAL INTERVENTION PROGRAM, HIS HUNTING OR FISHING LICENSE MUST NEVERTHELESS BE SUSPENDED, IF REQUIRED BY LAW, IN THE SAME MANNER AS IF HE WAS CONVICTED OF THAT OFFENSE.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The amendment proposed by the Committee on Judiciary (JUD3582.003) was adopted as follows:
Amend the bill, as and if amended, page 2, line 13, in Section 17-22-55, as contained in SECTION 2, by striking /fishery related/ and inserting /fishery-related/ .
Amend the bill further, as and if amended, by adding appropriately numbered sections to read:
/SECTION . Section 17-22-30 of the 1976 Code is amended by adding a new subsection (D) to read:
"(D) The South Carolina Commission on Prosecution Coordination shall oversee administrative procedures for the Circuit Solicitors' Pretrial Intervention Programs."
SECTION . Section 17-22-40 of the 1976 Code is amended to read:
"Section 17-22-40. There is hereby established the office of Pretrial Intervention Coordinator whose responsibility shall be is to assist the solicitor in each judicial circuit in establishing and maintaining a pretrial intervention program. The office of Pretrial Intervention Coordinator must be within the South Carolina Commission on Prosecution Coordination. The coordinator shall employ and such staff as is necessary to assist in the implementation of the provisions of this act chapter must be employed by the South Carolina Commission on Prosecution Coordination. The office of the coordinator shall must be funded by an appropriation to the Attorney General's office Commission on Prosecution Coordination in the state general appropriation act."
SECTION . Section 17-22-60(A) of the 1976 Code is amended by adding a new item (8) to read:
"(8) The offender has not previously been accepted in a Pretrial Intervention Program."
SECTION . Section 17-22-70 of the 1976 Code is amended to read:
"Section 17-22-70. Prior to admittance of an offender into an intervention program, the solicitor or judge, if application is made to the court pursuant to Section 17-22-100, may require the offender to furnish information concerning the offender's past criminal record, education and work record, family history, medical or psychiatric treatment or care received, psychological tests taken and other information which, in the solicitor's or judge's opinion, has bearing on the decision as to whether the offender should be admitted. Solicitor's office records under this section shall adhere to and abide by Federal Confidentiality Regulation 42 CFR part 2 and any other applicable federal, state, or local regulations."
SECTION . Section 17-22-80 of the 1976 Code is amended to read:
"Section 17-22-80. Prior to any person being admitted to a pretrial intervention program the victim, if any, of the crime for which the applicant is charged and the law enforcement agency employing the arresting officer shall be asked to comment in writing as to whether or not the applicant should be allowed to enter an intervention program. In each case involving admission to an intervention program, the solicitor or judge, if application is made to the court pursuant to Section 17-22-100, shall consider the recommendations of the law enforcement agency and the victim, if any, in making a decision."
SECTION . Section 17-22-100 of the 1976 Code is amended to read:
"Section 17-22-100. An offender must make application to an intervention program or to the court no later than forty-five seventy-five days after service of the warrant or within ten days following appointment of counsel for the charge for which he makes such the application. Provided, however However, in the discretion of the solicitor or the judge, if application is made directly to the court, the provisions of this section may be waived. Applications received by the court under this section may be preliminarily approved by the court pending a determination by the pretrial office that the offender is eligible to participate in a pretrial program pursuant to Sections 17-22-50 and 17-22-60. Applications received by the court and information obtained pursuant to Section 17-22-70 must be forwarded to the pretrial office."
SECTION . Section 17-22-110 of the 1976 Code, as last amended by Act 57 of 1987, is further amended to read:
"Section 17-22-110. An applicant to an intervention program or an offender who applies to the court for admission to a program pursuant to Section 17-22-100 shall pay a nonrefundable application fee of fifty dollars and, if accepted into the program, a nonrefundable acceptance participation fee of two hundred fifty dollars prior to admission. All fees paid must be deposited into a special circuit solicitor's fund for operation of the pretrial intervention program or related prosecutorial services. All fees or costs of supervision may be waived partially or totally by the solicitor in cases of indigency. The solicitor may also, if he determines necessary, in situations other than indigency allow scheduling of payments in lieu of lump sum payment. In no case shall aggregate fees for application and participation in an intervention program exceed three hundred dollars. However, in cases where the solicitor determines that referral to another agency or program is needed to achieve rehabilitation for a problem directly related to the charge, the defendant may be required to pay his participation in that special program, except that no services may be denied due to inability to pay."
SECTION . Section 17-22-120 of the 1976 Code is amended to read:
"Section 17-22-120. In any case in which an offender agrees to an intervention program, a specific agreement shall must be made between the solicitor and the offender. This agreement shall include the terms of the intervention program, the length of the program and a section therein stating the period of time after which the prosecutor will either dismiss the charge or seek a conviction based upon that charge. The agreement shall must be signed by the offender and his or her counsel, if represented by counsel, and filed in the solicitor's office. The Commission on Alcohol and Drug Abuse shall provide training if requested on the recognition of alcohol and drug abuse to counselor employees of local pretrial intervention programs and the local agency authorized by Section 61-5-320 shall provide services to alcohol and drug abusers if referred by pretrial intervention programs. However, no services may be denied due to an offender's inability to pay."
SECTION . Section 17-22-130 of the 1976 Code is amended to read:
"Section 17-22-130. Notwithstanding the provisions of Section 17-1-40, in all cases where an offender is accepted for intervention a written report shall must be made and retained on file in the solicitor's office, regardless of whether or not the offender successfully completes the intervention program. All reports must be retained on file in the solicitor's office for a period of two years after successful completion, two years after rejection, or two years after unsuccessful completion of the program. After the retention of these reports for two years, they may be destroyed. The circuit solicitor shall furnish to the South Carolina Law Enforcement Division personal identification information on each person who applies for intervention, is subsequently accepted or rejected and successfully or unsuccessfully completes the program. This information shall may only be used by the Division division and the State Coordinator's Office in those cases where a circuit solicitor inquires as to whether a person has previously been accepted in an intervention program. Provided, however However, that information may be confidentially released to the State Coordinator's Office to assist in compiling annual reports.; provided, further, that The identification information on any defendant shall must not be under any circumstances released as public knowledge."
SECTION . Section 17-22-150(a) of the 1976 Code is amended to read:
"(a) In the event an offender successfully completes a pretrial intervention program, the solicitor shall effect a noncriminal disposition of the charge or charges pending against the offender. Upon such disposition, the offender may apply to the court for an order to destroy all official records relating to his arrest and no evidence of such the records pertaining to such the charge shall may be retained by any municipal, county, or state agency entity or any individual, except as otherwise provided in Section 17-22-130. The effect of such the order shall be is to restore such the person, in the contemplation of the law, to the status he occupied before such the arrest. No person as to whom such the order has been entered shall may be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of his failure to recite or acknowledge such the arrest in response to any inquiry made of him for any purpose."
SECTION . The 1976 Code is amended by adding:
"Section 17-22-170. Any municipal, county, or state entity or any individual who unlawfully retains or releases information on an offender's participation in a Pretrial Intervention Program is guilty of a misdemeanor and, upon conviction, must be punished by a fine not exceeding two thousand dollars or by imprisonment not to exceed one year.
The provisions of this section do not apply to circuit solicitors or their staff in the performance of their official duties."
SECTION . Section 17-22-160 of the 1976 Code is repealed./
Renumber sections to conform.
Amend title to conform.
Senator POPE explained the amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
H. 4245 -- Reps. J. Harris, Harvin, Kirsh, Sharpe, G. Brown, Jaskwhich, Rogers, H. Brown, Keyserling, Waites, Mattos, Cromer, J. Bailey, K. Burch, McAbee, P. Harris, Chamblee, Boan, Jennings, Stoddard, Phillips, Hodges, McTeer, Wilkins, Carnell, J.W. Johnson, Rudnick, M. Martin and D. Elliott: A BILL TO AMEND TITLE 60, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12 SO AS TO GIVE AUTHORITY TO THE DEPARTMENT OF ARCHIVES AND HISTORY TO IDENTIFY, RECORD, AND EVALUATE ALL STATE-OWNED OR LEASED FACILITIES TO DETERMINE WHICH OF THESE FACILITIES MAY BE CONSIDERED HISTORICALLY SIGNIFICANT, TO REQUIRE THE DEPARTMENT TO PROVIDE COPIES OF THE INVENTORY TO DEPARTMENTS, AGENCIES, AND INSTITUTIONS WHICH HAVE JURISDICTION OVER THE BUILDINGS AND SITES LISTED, TO AUTHORIZE THE DEPARTMENT OF ARCHIVES AND HISTORY TO INSTITUTE A HISTORIC PRESERVATION REVIEW PROCESS FOR PERMANENT IMPROVEMENTS AND CONSTRUCTION AFFECTING HISTORIC PROPERTIES OR FACILITIES, TO AUTHORIZE THE DEPARTMENT OF ARCHIVES AND HISTORY TO PROMULGATE REGULATIONS TO EFFECTUATE THE PROVISIONS OF THIS CHAPTER, AND TO PROVIDE FOR EXCEPTIONS.
Senator ROSE asked unanimous consent to take the Bill up for immediate consideration.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the General Committee.
The amendment proposed by the General Committee (GEN4245.001) was adopted as follows:
Amend the bill, as and if amended, by striking all after the title and inserting the following in lieu thereof:
/ Whereas, the General Assembly of South Carolina recognizes the value of historic properties to the people of South Carolina; and
Whereas, the General Assembly of South Carolina desires to encourage the preservation of the state's significant historic properties; and
Whereas, the General Assembly of South Carolina wishes to balance historic preservation with the needs of state agencies and the citizens of this State. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 60 of the 1976 Code is amended by adding:
Section 60-12-10. As used in this chapter:
(1) `Adverse effect' means an effect on a historic property, including alteration, destruction, or demolition, that diminishes the property's historic integrity.
(2) `Agency' means the state agency, department, foundation, or institution that is responsible for or has jurisdiction over the project or that has ownership or jurisdiction over the historic property.
(3) `Department' means the Department of Archives and History.
(4) `Historic properties' means those buildings, sites, objects, structures, and districts that are listed in the National Register of Historic Places.
(5) `Building' means a construction that was created to shelter any form of human activity, including a house, barn, church, or hotel.
(6) `Site' means a location of a significant event or a prehistoric or historic occupation or activity, including cemeteries, prehistoric village sites, and battlefields.
(7) `Object' means a construction that is primarily artistic in nature or is relatively small in scale compared to a building or structure. Although it may be, by nature or design, movable, an object is associated with a specific setting or environment, such as statuary in a designed landscape, including sculpture, monuments, and fountains.
(8) `Structure' means those functional constructions made usually for purposes other than creating shelter, including firetowers, canals, bridges, palisade fortifications, and prehistoric mounds.
(9) `Historic district' means a significant concentration of sites, buildings, structures, or objects united historically or aesthetically by plan or physical development and designated as such by law or regulation of the department.
(10) `Minimize' means to lessen the adverse effect of a project on a historic property. In the case of alterations, this may include identifying and undertaking minimal change to the defining characteristics of a historic property. In the case of destruction or demolition of a historic property, this may include recording a historic building, structure, or object, or excavation of an archaeological site.
(11) `Qualified preservation professionals' means staff with training, experience, and expertise in managing historic properties. The requirement for training can be satisfied by an undergraduate degree in architectural preservation or graduate study in architectural preservation for staff with responsibility for managing nonarchaeological properties or a graduate degree in anthropology or archaeology for staff managing archaeological sites. The requirement for training also can be satisfied by specialized historic preservation training provided by the department combined with a state certification of registration to practice architecture, or a degree in architecture, architectural history, history, or a related field. The department may certify an individual who does not possess the educational requirements specified by this item as a qualified preservation professional where such individual has developed expertise in managing historic properties through the practice of a craft or art.
(12) `State Board of Review' means the existing advisory group that reviews nominations to the National Register of Historic Places and which includes professionals representing the fields of archaeology, architecture, architectural history, and history.
(13) `State Properties Committee' means a committee of the State Board of Review, which will include at least three members with at least one member representing the fields of architecture, architectural history, archaeology, or related fields as appropriate.
Section 60-12-20. This chapter applies to any agency that owns or leases historic properties except as otherwise provided in this chapter.
Section 60-12-30. Agencies shall consult with the department when planning projects that might adversely affect those properties listed in the National Register of Historic Places at the time of consultation. Consultation may be accomplished in one of three ways:
(1) The department shall negotiate a programmatic agreement with each agency that has qualified preservation professionals in charge of management of historic properties. The agency shall agree to avoid or, when appropriate, minimize adverse effects to historic properties under its jurisdiction. The agency shall then assume responsibility for administering its own historic preservation program. The agency's qualified preservation professionals shall participate in continuing education provided by the department at no charge.
(2) An agency that does not have qualified preservation professionals in charge of the management of historic properties may negotiate a programmatic agreement with the department for covered projects that are similar and repetitive, projects involving routine maintenance, or projects that will not significantly alter the historical integrity of a property. The agency shall then assume responsibility for carrying out the projects or types of projects included in the programmatic agreement without having to notify the department on a project-by-project basis.
(3) (a) Before an agency plans a project not covered by a programmatic agreement, the agency shall submit documentation describing the proposed project to the department. If the effect will be adverse, the agency also must describe alternatives that were considered to avoid or minimize adverse effects and the reasons why any rejected alternatives were considered not to be feasible or prudent.
(b) Within thirty days after receipt of the documentation described above, the department shall review the documentation and provide a written response to the agency. Before sending a response recommending changes, the department shall confer with the agency and attempt to negotiate a solution acceptable to both parties.
(c) If the agency and the department cannot agree on the effect of a project or measures that would avoid or minimize the adverse effect of a project on historic properties, the agency may request the recommendation of the State Properties Committee.
(d) The State Properties Committee shall review the documentation provided by the agency and the written opinion of the department. The committee shall provide its written response to the agency within thirty days after receipt of the request for comment.
(e) If the agency does not accept the recommendations made by the State Properties Committee, the agency may petition the State Board of Review to review the documentation on the project. The board shall provide its written decision to the agency within thirty days after receipt of the petition for review.
(f) Proceedings under this chapter, including the certification of individuals as qualified preservation professionals, are subject to the provisions of Chapter 23 of Title 1 (Administrative Procedures Act).
Section 60-12-40. Before implementation of this chapter, the department shall provide each agency with a list of properties owned or leased by the agency that are listed in the National Register of Historic Places.
Section 60-12-50. The department shall provide technical historic preservation training sessions at no cost for agency staff involved with management of historic properties.
Section 60-12-60. The department shall provide periodic reports of agencies' compliance with the intent and provisions of this chapter to the Joint Legislative Committee on Cultural Affairs.
Section 60-12-70. The department shall not initiate additional nominations of state owned or leased properties to the National Register of Historic Places from passage of this act until after June 30, 1995, without the written agreement of the agency that owns, leases, or has jurisdiction over the property.
Section 60-12-80. This chapter does not apply to:
(1) Section 106 of the National Historic Preservation Act, as amended. This includes any undertaking requiring federal funding, licensing, or approval or any undertakings on federal property.
(2) the provisions of Article 5, Chapter 7, Title 54 (South Carolina Underwater Antiquities Act of 1991).
Section 60-12-90. Notwithstanding any provision of law to the contrary, the State House Committee shall cause the Department of Archives and History to review and comment on any proposal for alterations or renovations to the State House or that area designated as the capitol complex. The policy and decisions of the State House Committee, with regard to any proposal for or the administration of any project or program for the maintenance, alteration or renovation of the State House or that area designated as the capitol complex, shall be final."
SECTION 2. Sections 60-12-40, 60-12-70, and 60-12-90 take effect upon approval by the Governor. The remaining provisions of this act take effect July 1, 1993./
Amend title to conform.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
H. 4359 -- Reps. McAbee, Rhoad, T.C. Alexander and McTeer: A BILL TO AMEND SECTION 48-23-295, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORESTRY SERVICES AVAILABLE TO LANDOWNERS, STATE AGENCIES, COUNTIES, AND MUNICIPALITIES, SO AS TO INCLUDE PROCESSING FOREST TREE SEED, PROVIDE FOR RECEIPTS FROM RELATED ACTIVITIES AND RENTALS TO BE RETAINED BY THE FORESTRY COMMISSION INSTEAD OF DEPOSITED IN THE GENERAL FUND, AND AUTHORIZE THE COMMISSION TO CARRY FORWARD UNEXPENDED FUNDS.
Senator DRUMMOND asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
Senator DRUMMOND explained the Bill.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
The following Bills and Joint Resolutions having been read the second time were passed and ordered to a third reading:
H. 4781 -- Reps. Keyserling and White: A BILL TO AMEND ACT 589 OF 1986, AS AMENDED, RELATING TO THE BOARD OF EDUCATION FOR BEAUFORT COUNTY, SO AS TO REVISE THE MANNER IN WHICH AND DISTRICTS FROM WHICH THE MEMBERS OF THE BOARD ARE ELECTED BEGINNING WITH THE 1992 ELECTION.
On motion of Senator CORK, H. 4781 was ordered to receive a third reading on Friday, May 15, 1992.
H. 4804 -- Rep. Clyborne: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON NOVEMBER 25, 26, AND 27, 1991, BY THE STUDENTS OF THE SEVIER MIDDLE SCHOOL IN GREENVILLE COUNTY BECAUSE OF A FIRE ON SCHOOL PROPERTY ARE EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Senator STILWELL, H. 4804 was ordered to receive a third reading on Friday, May 15, 1992.
S. 1552 -- Senator Hinson: A BILL TO AMEND ACT 777 OF 1988, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE LANCASTER COUNTY SCHOOL DISTRICT, SO AS TO DECREASE FROM NINE TO SEVEN THE NUMBER OF MEMBERS OF THE BOARD OF TRUSTEES, PROVIDE THAT EACH MEMBER OF THE BOARD MUST BE ELECTED FROM SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH MEMBERS OF THE LANCASTER COUNTY COUNCIL ARE ELECTED, DELETE TRANSITIONAL PROVISIONS, PROVIDE FOR THE STAGGERING OF TERMS OF THE NEWLY ELECTED MEMBERS, PROVIDE THAT MEMBERS SERVING ON THE EFFECTIVE DATE OF THIS ACT SHALL SERVE THE REMAINDER OF THE TERM FOR WHICH THEY WERE ELECTED, TO PROVIDE THAT A VACANCY OCCURRING AT LEAST ONE HUNDRED TWENTY DAYS BEFORE A GENERAL ELECTION MUST BE FILLED BY A SPECIAL ELECTION, AND DELETE THE PROVISIONS RELATING TO THE ESTABLISHMENT OF SINGLE-MEMBER ELECTION DISTRICTS.
(By prior motion of Senator HINSON)
S. 1536 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE ATHLETIC COMMISSION, RELATING TO MODIFICATIONS AND CLARIFICATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1406, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4525 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ACCREDITATION STANDARDS FILED, DEFINED MINIMUM PROGRAM FOR SOUTH CAROLINA SCHOOL DISTRICTS, GRADES 9-12, VII, AND THE STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1451, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4426 -- Reps. Manly, Fair, Cato, Mattos, Anderson, Vaughn, M.O. Alexander, Haskins, Wilkins, Jaskwhich and Clyborne: A BILL TO AUTHORIZE A POLITICAL SUBDIVISION WHICH OPERATES A SEWER SYSTEM AUTHORIZED BY LAW TO PROVIDE FOR THE EXPENDITURE OF FUNDS COLLECTED BY WAY OF FRONT-FOOT ASSESSMENTS OR PER-PARCEL ASSESSMENTS FOR SEWER IMPROVEMENTS IN ACCORDANCE WITH THIS ACT.
Senator MITCHELL explained the Bill.
On motion of Senator MITCHELL, with unanimous consent, H. 4426 was ordered to receive a third reading on Friday, May 15, 1992.
H. 4549 -- Rep. Farr: A BILL TO AMEND SECTION 7-13-1371, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSTRUCTIONS FOR BALLOT CARDS WHICH ARE USED IN CONJUNCTION WITH OPTICAL SCANNING DEVICES, SO AS TO DELETE PROVISIONS WHICH REQUIRE A BALLOT CARD USED DURING A PRESIDENTIAL ELECTION OR PRIMARY TO BE DESIGNED SO THAT THE FRONT OF THE CARD CONTAINS ONLY THE INSTRUCTIONS FOR VOTING FOR PRESIDENT AND THE NAMES OF THE PRESIDENTIAL CANDIDATES.
Senator POPE explained the Bill.
H. 4617 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL, RELATING TO CERTIFICATION AND RECERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1404, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Senator WILLIAMS, with unanimous consent, H. 4617 was ordered to receive a third reading on Friday, May 15, 1992.
H. 4618 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LAW ENFORCEMENT TRAINING COUNCIL, RELATING TO CONDUCT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1447, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Senator MITCHELL, with unanimous consent, H. 4618 was ordered to receive a third reading on Friday, May 15, 1992.
S. 1542 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO 900 AND 900-TYPE SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1460, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3850 -- Rep. Smith: A BILL TO AMEND SECTION 20-7-650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF A LOCAL CHILD PROTECTIVE AGENCY, SO AS TO PROVIDE THAT FACTS INDICATING A VIOLATION OF CRIMINAL LAW BE REPORTED TO APPROPRIATE LAW ENFORCEMENT AGENCIES WITHIN TWENTY-FOUR HOURS AND AN INCIDENT REPORT FILED, AND WHEN FACTS INDICATE SEXUAL ABUSE, LAW ENFORCEMENT AGENCIES MUST BE NOTIFIED WITHIN TWENTY-FOUR HOURS AND AN INCIDENT REPORT FILED.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The amendment proposed by the Committee on Judiciary (JUD3850.002) was adopted as follows:
Amend the bill, as and if amended, page 1, beginning on line 36, in Section 20-7-650(K), as contained in SECTION 1, by striking lines 36 through 44 in their entirety and inserting therein the following:
/of those facts within twenty-four hours of the agency's finding for the purposes of police investigation. The law enforcement agency must file a formal incident report at the time it is notified of such finding. When the intake report is of sexual abuse, the agency shall notify the appropriate law enforcement agency within twenty-four hours of receipt of the report to determine if a joint investigation is necessary. The law enforcement agency must file a formal incident report at the time it is notified of the alleged sexual abuse."/
Amend title to conform.
Senator POPE explained the amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 4086 -- Reps. Rudnick, Mattos, Whipper, Kempe, Glover, Inabinett, Beatty, Phillips and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1070 SO AS TO CREATE THE CRIME OF STALKING AND PROVIDE A PENALTY FOR VIOLATION.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The amendment proposed by the Committee on Judiciary (JUD4086.001) was adopted as follows:
Amend the bill, as and if amended, page 2, beginning on line 19, in Section 16-3-1070(D), as contained in SECTION 1, by striking lines 19 through 20 in their entirety and inserting therein the following:
/(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/ .
Amend the bill further, as and if amended, page 2, line 22, in Section 16-3-1070(D), as contained in SECTION 1, by striking after the word /or/ the word /a/ .
Amend title to conform.
Senator POPE explained the amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 4257 -- Rep. Cromer: A BILL TO AMEND SECTION 47-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRUELTY TO ANIMALS, ILL-TREATMENT OF ANIMALS GENERALLY, AND CERTAIN PENALTIES, SO AS TO EXTEND APPLICATION OF CERTAIN PROVISIONS OF THE SECTION TO ALL OFFENDING PERSONS, INCREASE THE PENALTIES, AND PROVIDE THAT A FIRST OFFENSE VIOLATION SHALL BE TRIED IN MAGISTRATE'S COURT, TO INCREASE THE PENALTY FOR A PERSON WHO TORTURES, TORMENTS, NEEDLESSLY MUTILATES, CRUELLY KILLS, OR INFLICTS EXCESSIVE OR REPEATED UNNECESSARY PAIN OR SUFFERING UPON ANY ANIMAL, OR CAUSES THESE ACTS TO BE DONE, INCLUDING MANDATING BOTH FINE AND IMPRISONMENT FOR COMMITTING THE CRIME, RATHER THAN MERELY ALLOWING THE IMPOSITION OF FINE AND IMPRISONMENT, AND TO ELIMINATE THE EXCEPTION PROVIDING THAT THE PROVISIONS OF THIS SECTION DO NOT APPLY TO FOWL.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The amendment proposed by the Committee on Judiciary (JUD4257.001) was adopted as follows:
Amend the bill, as and if amended, page 1, by striking lines 37 through 39, in Section 47-1-40, as contained in SECTION 1, and inserting therein the following:
/"Section 47-1-40. (A) Whoever overloads, overdrives, overworks, or ill-treats any animal, or deprives any animal of necessary sustenance, or shelter, or inflicts/ .
Amend title to conform.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator WILLIAMS, H. 4257 was ordered to receive a third reading on Friday, May 15, 1992.
H. 4649 -- Reps. G. Bailey, A. Young and Wofford: A BILL TO AMEND ACT 536 OF 1986, AS AMENDED, RELATING TO DORCHESTER COUNTY SCHOOL DISTRICT 4 AND OTHER SCHOOL MATTERS OF THE COUNTY, SO AS TO ESTABLISH FIVE SINGLE-MEMBER DISTRICTS FROM WHICH MEMBERS OF THE BOARD OF TRUSTEES OF DORCHESTER COUNTY SCHOOL DISTRICT 4 MUST BE ELECTED IN 1992, DELETE REFERENCES TO THE DORCHESTER COUNTY LEGISLATIVE DELEGATION APPOINTING MEMBERS OF THE BOARD, PROVIDE A PROCEDURE FOR THE FILLING OF VACANCIES ON THE BOARD, DELETE THE REQUIREMENT FOR A CANDIDATE TO FILE A STATEMENT OF CANDIDACY AND INSTEAD REQUIRE A NOMINATING PETITION; AND DELETE PROVISIONS WHICH ESTABLISHED SINGLE-MEMBER DISTRICTS FOR MEMBERS OF THE BOARD OF TRUSTEES ELECTED IN 1988.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator MATTHEWS proposed the following amendment (BR1\2741.AC), which was adopted:
Amend the bill, as and if amended, Section 2(A), page 8, by deleting the last sentence in that subsection and inserting /Trustees elected by the qualified electors of the respective single-member districts must be elected in nonpartisan elections to be conducted at the same time as the general election of the applicable year in 1992 and beginning in 1995 in nonpartisan elections the second Tuesday in April and every two years thereafter for the terms expiring in that year./
Amend further, Section 3, page 9, line 1, by deleting /persons residing in/.
Amend further, Section 3, page 9, line 6, by deleting /fifty/.
Amend title to conform.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator MATTHEWS, H. 4649 was ordered to receive a third reading on Friday, May 15, 1992.
H. 4695 -- Reps. Farr, Phillips, Sharpe, Wilkes, Bruce, Rhoad, Inabinett, Corbett, Bennett, Gonzales, Beasley, Riser, Meacham, Waites, Snow, Delleney and Manly: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE BRIDGE OVER LITTLE BROWN'S CREEK ON S. 44-57 IN UNION COUNTY AS THE CURTIS HARRIS BRIDGE.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4783 -- Rep. Harrelson: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO ENACT THE AMENDMENT TO THE OLDER AMERICANS ACT WHICH RAISES THE EXEMPTION TO ONE THOUSAND DOLLARS FOR MONEY EARNED AND WHICH WOULD BENEFIT POLL MANAGERS IN THE UPCOMING ELECTIONS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4258 -- Reps. Snow, G. Bailey, Sharpe, Rhoad, Kennedy, Altman, Smith, Farr, Wilder, Waldrop, McAbee and McTeer: A BILL TO AMEND SECTION 46-45-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS OF "AGRICULTURAL FACILITY" AND "AGRICULTURAL OPERATION" UNDER THE PROVISIONS OF LAW CONCERNING NUISANCE SUITS RELATED TO AGRICULTURAL OPERATIONS, SO AS TO INCLUDE "TREES" AND "SILVICULTURE" WITHIN THOSE DEFINED TERMS.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator MATTHEWS proposed the following amendment (JUD4258.001):
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ____. Section 57-25-150(B) of the 1976 Code is amended to read:
"(B) The Department of Highways and Public Transportation shall issue permits for all signs on location on November 3, 1971, except those signs erected pursuant to items (1), (2), (3), (5), and (6) of subsection (A) of Section 57-25-140. It also shall issue permits for the erection and maintenance of additional outdoor advertising signs coming within the exceptions contained within items (4), (7), and (8) of subsection (A) of Section 57-25-140. Sign owners must be assessed the following fees:
(1) the appropriate annual fee plus an initial nonrefundable permit application fee of one hundred dollars, except that the nonrefundable permit application fee shall be waived for South Carolina farmers advertising agricultural products produced on land that they farm which are for sale to the public and if the signs do not exceed thirty-two square feet;
(2) an annual fee of twenty dollars if the advertising area does not exceed three hundred fifty square feet; and
(3) an annual fee of thirty dollars if the advertising area exceeds three hundred fifty square feet.
The permit fees must be allocated first for administrative costs incurred by the department in maintaining the outdoor advertising program.
The permit number must be displayed prominently on the sign."/
Amend title to conform.
Senator MATTHEWS explained the amendment.
Senator SHEALY objected to further consideration of the Bill.
H. 4367 -- Rep. McLeod: A BILL TO AMEND SECTION 61-3-1000, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STRUCTURAL AND OTHER REQUIREMENTS FOR RETAIL LIQUOR STORES, SO AS TO DELETE REQUIREMENTS RELATING TO ENTRANCES AND EXITS, SIGN MATERIAL, SIZE, AND CONTENT; AND TO REPEAL SECTION 61-3-1010, RELATING TO REQUIREMENT FOR THE DISPLAY OF PRICES AND STOCK IN RETAIL LIQUOR STORES.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
Senator THOMAS objected to further consideration of the Bill.
H. 3253 -- Reps. Rudnick, Waites, Cromer, Smith, Wilder, Kempe and Klapman: A BILL TO AMEND SECTION 7-7-990, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BARRIER-FREE POLLING PLACES FOR PHYSICALLY HANDICAPPED ELECTORS, SO AS TO PROVIDE THAT AN ELECTOR WHO IS PERMANENTLY HANDICAPPED IS NOT REQUIRED TO REREGISTER IN ORDER TO VOTE AT THE BARRIER-FREE POLLING PLACE.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The amendment proposed by the Committee on Judiciary (JUD3253.001) was adopted as follows:
Amend the bill, as and if amended, page 1, beginning on line 35, by striking SECTION 2 in its entirety and inserting therein the following:
/SECTION 2. The second paragraph of Section 7-11-20 of the 1976 Code, as last amended by Act 47 of 1991, is further amended to read:
"A certified political party wishing to hold a presidential primary election may do so in accordance with the provisions of this title and party rules. However, notwithstanding any other provision of this title, the state committee of the party shall set the date and the hours that the polls will be open for the presidential primary election and the filing requirements. If a party holds a presidential primary election on a Saturday, an absentee ballot must be provided to a person who signs an affirmation stating that for religious reasons he does not wish to take part in the electoral process on a Saturday.
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator HOLLAND proposed the following amendment (JUD3253.002):
Amend the bill, as and if amended, by adding appropriately numbered sections to read:
/SECTION . (A) The official boundaries of the precincts, wards, or voting places of the several counties designated and established pursuant to Article 1 of Chapter 7 of the 1976 Code, as amended, are modified, designated, and established as the boundaries of the official census voting tabulation districts designated pursuant to Public Law 94-171 and filed with the Division of Research and Statistical Services of the South Carolina Budget and Control Board.
(B) The precincts, wards, or voting places of the several counties as established pursuant to subsection (A) shall be the precincts, wards, or voting places to be used in the conduct and holding of any general, primary, or special election held on or after August 25, 1992.
SECTION . The Division of Research and Statistical Services of the South Carolina Budget and Control Board shall establish and maintain a unique system of numbering the official census voting tabulation district maps and attendant written boundary description to be used for the official identification of a precinct, ward, or voting place.
SECTION . Article 3, Chapter 7 of Title 7 of the 1976 Code is amended to read:
Section 7-7-710. The State Election Commission shall report the names of all polling precincts by county that have more than one thousand five hundred registered electors as of January first to the General Assembly not later than the fourth Tuesday of each odd-numbered year. If, by April first of the same year,the General Assembly has failed to alter the precincts so that no precinct shall have more than one thousand five hundred qualified electors the State Election Commission shall notify the respective county registration boards which shall make such alterations as necessary to conform all precincts to such limitations. Provided, that precincts isolated by water shall not be required to meet minimum requirements. No precinct shall be enlarged, consolidated, or diminished except by the procedures prescribed by this chapter.
Section 7-7-720. Any person whose registration is transferred to another precinct by virtue of the provisions of this article must be delivered, by mail, notification from the county registration board reflecting the new precinct. Any person whose notification is returned to the board of registration because he is no longer at the address shown on the board's records must have his name removed from the registration books. The county registration office must notify the State Election Commission of the removal. Further notice to the elector is not required. If the elector's name has been deleted solely by reason of the return of the notification, his name must be restored as a matter of course to the registration books immediately upon his request if he is otherwise qualified to vote in that precinct. A county voter registration board may, as authorized by this chapter, enlarge, consolidate, or diminish a precinct. The county voter registration board shall hold a public hearing on the nature and reasons for such modifications prior to making a determination as to whether a precinct shall be enlarged, consolidated, or diminished. Modification of the area included with the boundary of a precinct may only be accomplished by using the census block unit of geography. A change in a precinct boundary resulting from any modification must use a clearly identifiable, U. S. census recognized man-made or natural feature to establish the new boundary in accordance with the provisions of Public Law 94-171.
Section 7-7-730. When a precinct has more than one thousand five hundred registered electors and an additional polling place is provided within the precinct and no polling place in such precinct is assigned more than one thousand five hundred electors the provisions of Section 7-7-710 shall be deemed to be complied with. Also, the provisions of such section shall be deemed to be complied with if the precinct list is alphabetically divided so that no list contains more than one thousand five hundred electors and separate managers and facilities are provided within the polling place for each list of electors. Local registration boards dividing precincts alphabetically shall notify the Election Commission of such division so that separate alphabetically arranged poll lists may be printed by the State Election Commission. The county voter registration board shall publish notice of such public hearing once a week for three successive weeks in a newspaper of general circulation in the county. Such notice shall contain:
(1) the time of the public hearing which shall be not less than sixteen days following the first publication of the notices;
(2) the place of the hearing;
(3) the hearing procedures and requirements;
(4) the nature of the change to be made in the precinct or precincts;
(5) a brief description of the new precinct lines to result if the proposed change is made; and
(6) a summary of the reasons for the proposed change.
Section 7-7-740. (A) The public hearing shall be conducted by the county voter registration board or by a member designated by the board. The proponents and opponents of the proposed action shall be given an opportunity to be heard in accordance with any procedures established and made known by the board at the time of the publishing of the notice.
(B) Within ten days after the hearing, the county voter registration board shall by resolution make a finding as to whether the boundaries of the precinct or precincts shall be changed and shall specify the description of the boundaries of the affected precincts.
(C) The county voter registration board shall send a copy of the resolution to the Division of Research and Statistical Services of the South Carolina Budget and Control Board for review and certification of the new boundary description of a modified precinct and for the division to produce the official map of the modified precinct.
(D) No change in a precinct boundary shall be effective for the purpose of the conduct of an election unless ratified by an act of the General Assembly at the session immediately preceding the year in which the election is to be held.
Section 7-7-750. The Division of Research and Statistical Services of the South Carolina Budget and Control Board shall be responsible for maintaining a complete set of certified and numbered maps of each precinct in the State. The division shall provide a complete set of certified and stamped maps of each precinct within the county to the county voter registration board and shall provide a complete statewide set to the State Election Commission.
Section 7-7-770. Any person whose registration is transferred to another precinct by virtue of the provisions of this article must be delivered, by mail, notification from the county voter registration board reflecting the new precinct. Any person whose notification is returned to the county voter registration board because he is no longer at the address shown on the board's records must have his name removed from the registration books. The county registration office must notify the State Election Commission of the removal. Further notice to the elector is not required. If the elector's name has been deleted solely by reason of the return of the notification, his name must be restored as a matter of course to the registration books immediately upon his request if he is otherwise qualified to vote in that precinct.
Section 7-7-790. The State Election Commission shall report the names of all precincts by county that have more than one thousand five hundred registered electors as of January first to the appropriate county voter registration board and to the General Assembly not later than the fourth Tuesday of each odd-numbered year. No precinct shall have more than one thousand five hundred qualified electors. If any precinct shall have more than one thousand five hundred qualified electors, the respective county voter registration board shall make such recommendations for alterations as necessary to conform all precincts to such limitations. In making such recommendations, the county voter registration board shall follow the procedures prescribed in this article. If, by April first of the same year, the county voter registration board has failed to submit proposed precinct alterations to the Division of Research and Statistical Services, the division shall conduct a public hearing in the county pursuant to Section 7-7-730 and prepare such alterations as may be necessary for compliance with this section. Provided, that precincts isolated by water shall not be required to meet minimum requirements.
Section 7-7-810. When a precinct has more than one thousand five hundred registered electors and an additional polling place is provided within the precinct and no polling place in such precinct is assigned more than one thousand five hundred electors, the provisions of Section 7-7-790 shall be deemed to be complied with. Also, the provisions of such section shall be deemed to be complied with if the precinct list is alphabetically divided so that no list contains more than one thousand five hundred electors and separate managers and facilities are provided within the polling place for each list of electors. Local county voter registration boards dividing precincts alphabetically shall notify the Election Commission of such division so that separate alphabetically arranged poll lists may be printed by the State Election Commission."
SECTION . The Attorney General is designated the submitting authority to make all required submissions to the United States Department of Justice under Section 5 of the Voting Rights Act, as amended, 42 U.S.C. 1973a./
Renumber sections to conform.
Amend title to conform.
On motion of Senator POPE, the Bill was carried over.
H. 4432 -- Reps. Wilkins, Jennings, Harrison, Huff, J. Williams and Clyborne: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-85 SO AS TO CREATE THE FELONY CRIMINAL OFFENSE OF HOMICIDE BY CHILD ABUSE, TO PROVIDE FOR THE CONSIDERATION OF AGGRAVATING AND MITIGATING CIRCUMSTANCES, AND TO PROVIDE PENALTIES.
Senator POPE asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment previously proposed and printed in the journal of May 7, 1992.
Senator POPE explained the amendment.
On motion of Senator NELL W. SMITH, the Bill was carried over.
Senator MOORE asked unanimous consent to make a motion that the Senate stand adjourned to reconvene on Friday, May 15, 1992, for local and uncontested matters, and that when the Senate adjourned on Friday, that it stand adjourned to reconvene on Tuesday, May 19, 1992, at 12:00 Noon.
Senator SALEEBY objected.
H. 4277 -- Rep. Kirsh: A BILL TO AMEND SECTION 40-77-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR A REGISTERED PROFESSIONAL GEOLOGIST, SO AS TO DELETE THE REQUIREMENT FOR ORAL EXAMINATIONS AND REQUIRE APPROPRIATE EXAMINATIONS; TO AMEND SECTION 40-77-370, RELATING TO EXEMPTIONS FROM THE REQUIREMENTS, SO AS TO AUTHORIZE THE BOARD TO DETERMINE THE TIME LIMITS FOR PRACTICING WITH A TEMPORARY PERMIT AND DELETE THE REQUIREMENT FOR REGISTRATION IN A PERSON'S RESIDENT STATE OR COUNTRY FOR A TEMPORARY PERMIT; AND TO REAUTHORIZE THE EXISTENCE OF THE STATE BOARD OF REGISTRATION FOR GEOLOGISTS FOR THREE YEARS.
On motion of Senator GIESE, the Bill was carried over.
S. 1427 -- Senators Williams and Drummond: A BILL TO AMEND SECTION 33-55-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM REGISTRATION FEES UNDER THE SOLICITATION OF CHARITABLE FUNDS ACT, SO AS TO FURTHER PROVIDE FOR THESE EXEMPTIONS, TO AMEND SECTION 33-55-90, RELATING TO CONTRACTS AND AGREEMENTS BETWEEN CHARITABLE ORGANIZATIONS AND PROFESSIONAL FUND-RAISING COUNSEL OR SOLICITORS, SO AS TO DELETE CERTAIN PROVISIONS WHICH PERMIT THE SECRETARY OF STATE TO DISAPPROVE CONTRACTS OR AGREEMENTS WHERE HE CONCLUDES THEY INVOLVE EXCESSIVELY HIGH FUND-RAISING COSTS AND WHICH PROHIBIT THE CARRYING OUT OF DISAPPROVED CONTRACTS OR AGREEMENTS, TO AMEND THE 1976 CODE BY ADDING SECTION 33-55-95 SO AS TO ESTABLISH CERTAIN PROCEDURES FOR THE SATISFACTION OF REGISTRATION REQUIREMENTS BY CHARITABLE ORGANIZATIONS, PROFESSIONAL FUND-RAISING COUNSEL, OR PROFESSIONAL SOLICITORS, AND TO REPEAL SECTION 33-55-80, RELATING TO COMPENSATION OF PROFESSIONAL SOLICITORS.
On motion of Senator LEATHERMAN, the Bill was carried over.
S. 895 -- Senators Nell W. Smith and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-615 SO AS TO PROVIDE FOR REPORTS OF CRIMINAL OFFENSES ALLEGED TO HAVE BEEN COMMITTED AGAINST A CHILD BY A SCHOOL DISTRICT EMPLOYEE ON SCHOOL DISTRICT PROPERTY OR DURING AN OFFICIAL SCHOOL ACTIVITY, INVESTIGATION, PROSECUTION, AND LIMITATION ON EMPLOYMENT.
On motion of Senator POPE, the Bill was carried over.
H. 4382 -- Rep. Koon: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE ALERT ACTIONS OF MR. MARTY HILYER OF LEXINGTON COUNTY IN SAVING THE LIFE OF AN ABANDONED INFANT LEFT IN A DUMPSTER IN RICHLAND COUNTY ON JANUARY 31, 1992, AND URGING APPROPRIATE ACTION BY STATE AGENCIES IF THE INFANT IS PUT UP FOR ADOPTION TO GIVE THE HILYER FAMILY EVERY CONSIDERATION IN ADOPTING THE INFANT.
On motion of Senator MARTSCHINK, the Resolution was carried over.
H. 4737 -- Rep. Keyserling: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-320 SO AS TO AUTHORIZE A SPECIAL PURPOSE DISTRICT WHICH IS EMPOWERED TO PROVIDE WATER SERVICES TO PROVIDE SEWAGE COLLECTION AND DISPOSAL SERVICES UNDER CERTAIN PRESCRIBED CIRCUMSTANCES.
On motion of Senator Leatherman, the Bill was carried over.
On motion of Senator COURSON, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and confirmed by the Senate, and the same were ordered published in the Journal, to wit:
Initial Appointment, Member, Permanent Advisory Council of the State Development Board, with term to expire June 30, 1996:
Lee/Darlington:
The Honorable Robert L. Grooms, Post Office Box 68, Lamar, South Carolina 29069 VICE Bob Vassey
Reappointment, Member, Commission on Women, with term to expire October 18, 1994:
Mrs. Mildred W. McDuffie, Post Office Box 50474, Columbia, South Carolina 29250
Reappointment, Member, Prisoner of War Commission, with term to expire July 1, 1996:
Chairman/At-Large:
Mr. Thomas Whitfield Dunaway, Jr., 106 Carter Oak Ridge, Anderson, South Carolina 29621
Initial Appointments, Members, State Development Board, with terms to expire May 21, 1997:
9th Judicial Circuit:
Mr. David B. McCormack, Buist, Moore, Smythe & McGee, Post Office Box 999, Charleston, South Carolina 29402 VICE Frances Shipley
1st Judicial Circuit:
Mr. William B. Cox, Jr., Post Office Box, 1124, Orangeburg, South Carolina, 29116-1124 VICE J.R. Bell
Initial Appointments, Members, State Fire Marshal Board of Appeals, with terms to expire September 6, 1992:
General Contractor:
Mr. Robert D. Shelley, Post Office Box 556, Myrtle Beach, South Carolina 29578
Building Material Supplier:
Mr. John F. Miller, Post Office Box 471, Camden, South Carolina 29020
Registered Electrical Engineer:
Mr. Herman B. Speissegger, Jr., 102 Murray Boulevard, Charleston, South Carolina 29401
Reappointment, Member, Prisoner of War Commission, with term to expire July 1, 1995:
3rd Congressional District:
Mr. Jack H. Simmons, 202 Hillcrest Drive, Greenwood, South Carolina, 29646
Reappointment, Member, South Carolina State Fire Commission, with term to expire January 15, 1995:
3rd Congressional District - Fulltime Fireman:
Chief Odis F. "Bo" Gilreath, 2602 Warren Drive, Anderson, South Carolina 29621
Initial Appointment, Member, State Fire Marshal Board of Appeals, with term to expire September 6, 1993:
Structural Engineer:
Mr. C.F. Boland, Jr., Professional Engineering Associates, Inc., Post Office Box 8836, Greenville, South Carolina 29604
Reappointment, Member, State Board of Barber Examiners, with term to expire June 30, 1995:
At-Large:
Mr. William D. Norris, 918 Natchez Trail, West Columbia, South Carolina 29169
Reappointment, Member, South Carolina Arts Commission, with term to expire June 30, 1994:
At-Large:
Mrs. Constance C. Fleming, 604 Hendrix Street, Lexington, South Carolina 29072
Reappointment, Member, South Carolina Commission for the Blind, with term to expire May 19, 1994:
1st Congressional District:
Dr. Clay W. Evatt, Jr., Suite 112, Fairfield Office Park, Charleston, South Carolina 29401
Appointment, Member, Hearing Aid Dealers and Fitters Commission, with term to expire January 27, 1996:
Mr. G. Charles Young, 1607 Brabham Avenue, Columbia, South Carolina 29204 VICE John H. Young
Appointment, Member, Children's Trust Fund of South Carolina, with term to expire June 30, 1996:
Mr. Joe M. Anderson, Jr., Southern Bell Telephone Company, Post Office Box 752, Columbia, South Carolina 29202 VICE Paula Bethea
Appointment, Member, South Carolina Continuum of Care for Emotionally Disturbed Children Board, with term to expire June 30, 1996:
Mr. Richard Leonard Crain, Sr., 426 Phillips Lane, Greer, South Carolina 29650
Appointment, Member, Board of Examiners for Nursing Home and Community Residential Care Facility Administrators, with term to expire December 31, 1995:
Mrs. Catherine H. Beard, 123 North Warren Street, Timmonsville, South Carolina 29161
Appointment, Member, Advisory Council to the Board of the Continuum of Care for Emotionally Disturbed Children, with term to expire June 30, 1995:
Ms. Helen Adams Wood, 305 Plantation Drive, Greenwood, South Carolina 29649
Appointment, Member, Board of Examiners for Nursing Home and Community Residential Care Facility Administrators, with term to expire December 31, 1992:
Ms. Shirley H. Fishburne, 2611 Carolwood Drive, Rock Hill, South Carolina 29732
Appointment, Member, Advisory Council to the Board of the Continuum of Care for Emotionally Disturbed Children, with term to expire June 30, 1995:
Ms. Harriet Jean Ferguson, 1640 Enoree Avenue, Columbia, South Carolina 29205
Appointment, Member, Mental Health Commission, with term to expire March 21, 1996:
Dr. Charles T. Battle, Post Office Box 577, Seneca, South Carolina 29679 VICE C. Alex Harvin, Jr.
Appointment, Member, South Carolina Foster Care Review Board, with term to expire June 30, 1996:
Mrs. Judy M. Hamrick, 202 Union Street, Gaffney, South Carolina 29340
Appointment, Member, Board of Examiners for Nursing Home and Community Residential Care Facility Administrators, with term to expire December 31, 1994:
Ms. Dorothy L. Brown, 410 Flamingo Drive, N.E., Orangeburg, South Carolina 29115
Appointment, Member, Advisory Council to the Board of the Continuum of Care for Emotionally Disturbed Children, with term to expire June 30, 1996:
Dr. Luther A. Diehl, 109 Camden Drive, Spartanburg, South Carolina 29302
Appointment, Member, South Carolina Commission on Alcohol and Drug Abuse, with term to expire June 30, 1996:
Ms. Jane Furman Pressly, 205 Rockingham Road, Greenville, South Carolina 29607 VICE Harold W. Moody
Appointment, Member, South Carolina Board of Youth Services, with term to expire June 30, 1996:
Mr. Truman M. Fallaw, 330 Shurley Street, Rock Hill, South Carolina 29732
Appointment, Member, South Carolina Board of Probation, Parole and Pardon Services, with term to expire March, 1997:
Mr. John Franklin Elliott, 132 Surry Circle, Aiken, South Carolina 29801
Senator SETZLER moved that when the Senate adjourns on Friday, May 15, 1992, it stand adjourned to meet next Tuesday, May 19, 1992, at 12:00 Noon, which motion was adopted.
At 1:00 P.M., on motion of Senator MOORE, the Senate adjourned to meet tomorrow at 11:00 A.M.
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