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, as we return to our labors, we note that today is Flag Day. Hear words recorded in Isaiah 49 (vv. 22-23):

"Thus saith the Lord God, Behold, I will

lift up mine hand to the Gentiles, and

set up my standard to the people...

and thou shalt know that I am the Lord:

for they shall not be ashamed that wait

for me."
Let us pray.

God of our fathers, we cherish the memory of the day that our National Flag was adopted in 1777.

As we look at our flag, may the stars be for us a reminder of our privileges, the gifts of a generous God.

May the stripes of our flag remind us of our duties and responsibilities to be loyal to the ideals of which our flag is a symbol.

May Your Spirit lead us this day to make a new commitment... a willingness to sacrifice if need be... to the welfare of our country.

As we salute our flag, hear the prayer of our hearts:

"Long may she wave

O'er the land of the free

And the home of the brave."

Amen.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

May 12, 1993
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, Member, Berkeley County Board of Voter Registration, with term to expire March 15, 1994:

Ms. Ruby S. Mitchell, 20 Newmark Avenue, Goose Creek, S.C. 29445 VICE John L. Pack

May 14, 1993
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:

Honorable Leila Foster, 12 Howe Street, Greenville, S.C. 29601 VICE Jimmy Wilson (resigned)

May 20, 1993
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, Berkeley County Master-in-Equity, with term to expire November 7, 1996:

Daniel F. Pieper, Esquire, 6012 Wedgewood Drive, Hanahan, S.C. 29406 VICE Honorable William L. Shipley

May 24, 1993
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.

Reappointment, Member, Colleton County Board of Voter Registration, with term to expire March 15, 1994:

Ms. Annie S. Strickland, Route 2, Box 10, Ruffin, S.C. 29475

Initial Appointment, Member, Berkeley County Board of Voter Registration, with term to expire March 15, 1994:

Mr. Robert F. Gregory, Post Office Box 454, Moncks Corner, S.C. 29461 VICE Andrea Holler

May 25, 1993
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, Member, Juvenile Parole Board, with term to expire June 30, 1997:

At-Large:

Mr. Robert C. Toomey, 3825 Bloomwood Road, Columbia, S.C. 29205 VICE M. Susan Osborne

Referred to the Committee on Corrections and Penology.

May 27, 1993
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, Laurens County Probate Judge, with term to expire January 3, 1995:

Ms. Kaye W. Fridy, Route 3, Box 200, Laurens, S.C. 29360 VICE Honorable Bobbie D. Wilson (retired)

June 1, 1993
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, Orangeburg County Magistrate, with term to expire April 30, 1995:

Honorable John Cecil Moore, Jr., Post Office Box 321, North, S.C. 29112 VICE Allan Holmes (resigned and retired)

June 2, 1993
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.

Initial Appointment, Fairfield County Magistrate, with term to expire April 30, 1995:

The Honorable Ernestine M. Rabb, Route 1, Box 148, Jenkinsville, S.C. 29065 VICE J.H. Yarborough (resigned)

Appointment, Horry County Magistrate, with term to expire April 30, 1995:

Mrs. Rebecca S. Lovelace, 503 Lakewood Avenue, Conway, S.C. 29526 VICE Honorable Archie Lee (resigned)

Initial Appointment, Fairfield County Magistrate, with term to expire April 30, 1995:

The Honorable William F. Pope, Route 1, Box 195-R, Winnsboro, S.C. 29180 VICE David J. Weed (resigned)

June 3, 1993
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, Horry County Magistrate, with term to expire April 30, 1995:

Mr. Monte Harrelson, 633 West Harrelson Road, Loris, S.C. 29569 VICE Honorable Ben P. Harrelson (resigned)

Columbia, S.C., June 3, 1993

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3272 -- Reps. Fair, A. Young, Simrill, Walker, Littlejohn, Davenport, Jaskwhich, Moody-Lawrence, Trotter, Beatty, Phillips, Haskins, Robinson, Cato, Wells, Meacham, Marchbanks and D. Wilder: A BILL TO AMEND SECTION 61-3-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR LICENSES ISSUED BY THE ALCOHOLIC BEVERAGE CONTROL COMMISSION, SO AS TO REQUIRE THAT THE PERSON APPLYING FOR THE LICENSE MUST BE THE SAME PERSON WHO WILL HAVE ACTUAL CONTROL AND MANAGEMENT OF THE BUSINESS PROPOSED TO BE OPERATED.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 3, 1993

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4081 -- Reps. Boan and Wilkins: A BILL TO ENACT THE "STATE GOVERNMENT ACCOUNTABILITY AND REFORM ACT OF 1993" INCLUDING PROVISIONS TO AMEND SECTION 2-47-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF PERMANENT PROJECTS BY THE BUDGET AND CONTROL BOARD, SO AS TO ALLOW AGENCIES AND INSTITUTIONS TO ADVERTISE FOR ARCHITECTURAL AND ENGINEERING SERVICES PRIOR TO BOARD APPROVAL OF THE PROJECT SO LONG AS THE ARCHITECTURAL AND ENGINEERING CONTRACT IS NOT AWARDED UNTIL AFTER A STATE PROJECT NUMBER HAS BEEN ASSIGNED; TO ADD SECTION 2-47-55 SO AS TO ESTABLISH THE ANNUAL PERMANENT IMPROVEMENT PROGRAM (APIP) REGARDING AN AGENCY'S PERMANENT IMPROVEMENT PROJECTS AND PROVIDE FOR THE APPROVAL OR DISAPPROVAL OF THE APIP; TO ADD SECTION 2-47-56 SO AS TO ALLOW AGENCIES AND INSTITUTIONS TO ACCEPT GIFTS-IN-KIND FOR ARCHITECTURAL AND ENGINEERING SERVICES AND CONSTRUCTION WITH ONLY STAFF LEVEL REVIEW BY THE COMMISSION ON HIGHER EDUCATION, THE JOINT BOND REVIEW COMMITTEE, AND THE BUDGET AND CONTROL BOARD; TO ADD SECTION 8-1-15 SO AS TO MANDATE THE ESTABLISHMENT OF COMPLIANCE AND ACCOUNTABILITY PROGRAMS BY EACH HIGHER EDUCATION INSTITUTION AND STATE AGENCY, AND PROVIDE THAT THE STATE AUDITOR SHALL ANNUALLY AUDIT THE INSTITUTION'S OR AGENCY'S PROGRAMS AND THAT THE BUDGET AND CONTROL BOARD SHALL REVIEW THE AUDIT REPORT AND MAY TAKE CERTAIN CORRECTIVE ACTION WHEN PROGRAM WEAKNESSES ARE NOT REMEDIED; TO ADD SECTION 8-11-15 SO AS TO ESTABLISH A MINIMUM THIRTY-SEVEN AND ONE-HALF HOUR WORKWEEK FOR AGENCY AND INSTITUTION EMPLOYEES WHO WORK FULL TIME, AND ALLOW THE USE OF ALTERNATIVE SCHEDULING TO MEET THE AGENCY'S OR INSTITUTION'S SERVICE NEEDS; TO AMEND SECTION 8-17-330, RELATING TO STATE AGENCY EMPLOYEE GRIEVANCE PROCEDURES, SO AS TO FURTHER PROVIDE FOR CERTAIN SITUATIONS OR ACTIONS WHICH ARE NOT CONSIDERED GRIEVANCES; TO AMEND SECTION 11-35-310, AS AMENDED, RELATING TO DEFINITIONS IN REGARD TO THE PROCUREMENT CODE, SO AS TO REVISE THE DEFINITION OF "TERM CONTRACT" TO ALLOW STATE AGENCIES AND INSTITUTIONS TO PROCURE GOODS AND SERVICES FROM SOURCES OTHER THAN THE STATE'S TERM CONTRACTS WHEN IT IS MORE ECONOMICAL FOR THE AGENCY OR INSTITUTION; TO AMEND SECTION 11-35-710, RELATING TO EXEMPTIONS TO THE PROCUREMENT CODE, SO AS TO EXEMPT CERTAIN RENOVATIONS OR CONSTRUCTION OF SPACE FOR GRANT FUNDED RESEARCH PROJECTS; TO ADD SECTION 11-35-835 SO AS TO REQUIRE THE STATE ENGINEER OFFICE TO COMPLETE CERTAIN REVIEWS WITHIN A SPECIFIED TIME, AND PROVIDE THAT THE STATE ENGINEER'S APPROVAL IS ASSUMED IF THE REVIEW IS NOT COMPLETED WITHIN THE PRESCRIBED TIME PERIODS; TO ADD SECTION 11-35-845 SO AS TO ALLOW THOSE GOVERNMENTAL BODIES WHICH HAVE TOTAL MANAGEMENT CAPABILITY TO OVERSEE THE ADMINISTRATION OF PERMANENT IMPROVEMENT PROJECTS; TO AMEND SECTION 11-35-1520, AS AMENDED, RELATING TO COMPETITIVE SEALED BIDDING, SO AS TO REQUIRE THAT COMPETITIVE SEALED BIDDING MUST BE USED FOR CONTRACTS AMOUNTING TO FIFTY THOUSAND DOLLARS OR MORE; TO AMEND SECTION 11-35-1550, RELATING TO SMALL PURCHASES, SO AS TO ESTABLISH THE PROCEDURES WHICH MUST BE USED FOR SMALL PURCHASES VALUED AT FIFTY THOUSAND DOLLARS OR LESS; TO ADD SECTION 11-35-1825 SO AS TO DIRECT THE DIVISION OF GENERAL SERVICES TO ESTABLISH A PROCEDURE FOR PRE-QUALIFYING BIDDERS ON CONSTRUCTION PROJECTS; TO AMEND SECTION 11-35-2010, RELATING TO TYPES AND FORMS OF CONTRACTS, SO AS TO ALLOW AGENCIES AND INSTITUTIONS TO ENTER INTO RENTAL CONTRACTS FOR EQUIPMENT, WITHOUT USE OF THE STATE'S STANDARD EQUIPMENT FORM, WHEN THE EQUIPMENT IS VALUED AT TEN THOUSAND DOLLARS OR LESS AND THE CONTRACT DOES NOT EXCEED NINETY DAYS; TO AMEND SECTION 11-35-3020, AS AMENDED, RELATING TO CONSTRUCTION PROCUREMENT PROCEDURES, SO AS TO ALLOW AGENCIES AND INSTITUTIONS TO NEGOTIATE WITH THE LOW BIDDER ON A CONSTRUCTION CONTRACT WHEN THE BID EXCEEDS AVAILABLE FUNDS BY NOT MORE THAN FIVE PERCENT AND TO REVISE THE METHOD OF LISTING SUBCONTRACTORS FOR CONSTRUCTION BIDS; TO ADD SECTION 11-35-3025 SO AS TO ALLOW AGENCIES AND INSTITUTIONS TO APPROVE CHANGES IN ARCHITECTURAL AND ENGINEERING CONTRACTS AND CONSTRUCTION CONTRACTS WITHOUT THE APPROVAL OF THE STATE ENGINEER ONLY WHEN THE CHANGE DOES NOT ALTER THE PROJECT'S SCOPE AND DOES NOT EXCEED THE PROJECT'S BUDGET; TO AMEND SECTION 11-35-3030, RELATING TO BOND AND SECURITY, SO AS TO ALLOW AN AGENCY OR INSTITUTION TO REQUIRE BID SECURITY FOR CONSTRUCTION CONTRACTS VALUED AT ONE HUNDRED THOUSAND DOLLARS OR LESS IF THE AGENCY OR INSTITUTION DEEMS IT NECESSARY TO PROTECT THE BID, AND TO ALLOW BID SECURITY FOR CONSTRUCTION CONTRACTS OF ONE HUNDRED THOUSAND DOLLARS OR FEES TO BE WAIVED; TO AMEND SECTION 11-35-3230, RELATING TO EXCEPTIONS TO THE PROCUREMENT CODE FOR CERTAIN TYPES OF CONTRACTS, SO AS TO ALLOW HIGHER EDUCATION INSTITUTIONS OR STATE AGENCIES TO PROCURE SMALL DOLLAR ARCHITECTURAL AND ENGINEERING SERVICES WITHOUT THE APPROVAL OF THE STATE ENGINEER WHEN THE CONTRACT IS LESS THAN TWENTY-FIVE THOUSAND DOLLARS; TO AMEND SECTION 11-35-4210, RELATING TO AUTHORITY TO RESOLVE PROTESTED SOLICITATIONS AND AWARDS, SO AS TO REVISE THE PROTEST PROVISIONS OF THE PROCUREMENT CODE BY ALLOWING THE IMPOSITION OF SANCTIONS FOR PROTESTS WHICH ARE FRIVOLOUS, AND PROVIDE THAT A PROTEST BOND OR SECURITY MUST ACCOMPANY A PROTEST; AND TO AMEND SECTION 59-103-35, RELATING TO SUBMISSION OF BUDGET OF INSTITUTIONS OF HIGHER LEARNING, SO AS TO ALLOW PUBLIC INSTITUTIONS OF HIGHER EDUCATION TO SUBMIT SUMMARY BUDGETS TO THE COMMISSION ON HIGHER EDUCATION INSTEAD OF HAVING TO SUBMIT LINE-ITEM BUDGETS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 3, 1993

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4211 -- Reps. Cooper, Townsend, Stille, Chamblee and P. Harris: A BILL TO AMEND ACT 745 OF 1967, AS AMENDED, RELATING TO THE BOUNDARIES OF WESTERN CAROLINA REGIONAL SEWER AUTHORITY, SO AS TO ADD A NEW AREA TO THE DISTRICT.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 3, 1993

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4232 -- Reps. Jennings and Neilson: A BILL TO AMEND SECTION 7-7-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN MARLBORO COUNTY, SO AS TO REDESIGNATE THE PRECINCTS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

The following were introduced:

S. 826 -- Senator Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-605 SO AS TO PROHIBIT A CIVIL ACTION FOR DAMAGES OR WRONGFUL DEATH ARISING OUT OF ILLEGAL ACTIONS BY THE MOVING PARTY.

Read the first time and referred to the Committee on Judiciary.

S. 827 -- Senators McConnell, Passailaigue, Washington and Ford: A BILL TO AMEND SECTION 54-15-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSIONERS OF PILOTAGE FOR THE PORT OF CHARLESTON AND THEIR APPOINTMENT, TERMS, AND VACANCIES, SO AS TO INCREASE THE MEMBERSHIP OF THE COMMISSIONERS OF PILOTAGE FROM FIVE TO SIX.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 828 -- Senator Short: A SENATE RESOLUTION TO AMEND RULE 19 OF THE RULES OF THE SENATE REGARDING THE MEMBERSHIP OF THE SENATE JUDICIARY COMMITTEE AND THE SENATE FINANCE COMMITTEE TO PROVIDE THAT EACH COMMITTEE SHALL HAVE A MEMBERSHIP OF TWENTY-THREE SENATORS.

Be it resolved by the Senate:

That Rule 19 of the Rules of the Senate is amended to read:

The Standing Committees of the Senate shall be as follows:

Agriculture and Natural Resources

Banking and Insurance

Corrections and Penology

Education

Ethics

Finance

Fish, Game and Forestry

General Committee (General Committee will
encompass most of the relatively inactive
committees, namely; Atomic and Nuclear Energy,
Federal Relations, Enrolled Acts, Legislative
Library, Military, Veterans Affairs, Privileges and Elections, Rural Electrification, Social Services, and Local Legislation.)

Invitations

Judiciary

Labor, Commerce and Industry

Medical Affairs

Rules

Transportation (Aviation, Highways, Railroads and Shipping)

(1) The membership of the above listed committees shall be not less than five (5) nor more than eighteen (18), except as otherwise provided herein. The Committee on Ethics shall be composed of ten (10) members. Of the ten (10) members selecting a seat, five (5) shall be members of the majority party and five (5) shall be members of the minority party. The Committee on Invitations shall be limited to not more than ten (10) members. The several committees shall have such powers and duties as provided for in these rules.

(2) In addition to the above listed standing committees, there shall be two (2) special committees to be known as the Committee on Interstate Cooperation which shall be composed of five (5) members and the Chairmen's Committee to be composed of the Chairmen of the fourteen (14) standing committees. The Chairman of the Chairmen's Committee shall in all cases be the most senior Senator serving thereon.

(3) Members of the Senate shall be limited to serve on not more than five (5) standing committees. Membership on the Committee on Ethics, the Committee on Invitations, and the Committee on Interstate Cooperation are not included in limiting membership on standing committees. No member shall chair more than one (1) standing committee but may chair a standing committee and a special committee concurrently.

(4) Members of the Senate shall make their committee selections at the commencement of each session following the election of Senators or at such session called for that purpose. For the members to make their standing committee selections, the Clerk of the Senate (or if the Clerk has not been elected, the Clerk of the Senate during the preceding General Assembly or an assistant clerk) shall prepare a roll of the Senate listing the members in the order of length of continuous service beginning with the longest continuous service. Where two or more members have equal continuous service they shall be listed in alphabetical order. The Clerk of the Senate shall then call the roll. Each member, upon his name being called, shall select four (4) unfilled standing committees on which he wishes to serve. The roll call shall be repeated a second time with each member, upon his name being called, selecting one additional unfilled standing committee on which he wishes to serve. In the event any member is unable to be present for selection of standing committees, that member may authorize in writing any member of the Senate to make selections in his behalf. This procedure shall be followed on the first day of the session following the election of Senators and at any other session where the Senate proceeds to fill vacancies on a committee by whatever reason caused. Any Senator who served on a standing committee in the session immediately past shall have the right to serve on such committee regardless of the Senator's seniority in the Senate, unless the Senator shall elect to be removed from such committee or unless the Senator is ineligible to reclaim a seat on the said committee by reason of the limitations herein set forth.

(5) The Finance and Judiciary Committees shall each be composed of twenty-three members. A Senator shall select a seat to these committees in accordance with the procedure set forth in item (4) of this rule. The selection of Finance or Judiciary Committee shall count as one of the four choices made during the initial call and membership Membership on the Judiciary Committee excludes membership on the Finance Committee and vice versa.

(6) Except as otherwise provided herein, in the selection of the membership of the Senate standing committees, the seniority system shall be retained so as to become a part of these rules and shall be followed without regard to party affiliation.

(7) Committee seniority shall be determined by tenure within the Committee rather than tenure within the Senate. When members with seniority transfer to a new committee, their seniority will be counted ahead of newly-elected Senators.

(8) Where two or more standing committees are combined, initial membership on such committees shall be based on tenure within the Senate.

(9) In the election of the chairmen of the standing committees, the Senate s1hall proceed viva voce, severally, to elect the chairman of each committee by a majority vote.

(10) When any subject or matter shall have been referred to a Committee, any other subject or matter of a similar nature may, on motion, be referred to such committee.

(11) The membership on committees of conference and free conference between the two Houses shall be determined by the President of the Senate in consultation with the chairman of the committee of jurisdiction on the bill subject to conference. Provided that the conference committee on any resolution affecting sine die adjournment shall be appointed by the Chairmen's Committee.

(12) Time schedules for committee meetings. The following schedule shall be the regular meeting times for standing and special committees when the General Assembly is in session. The time and date may be changed by the Chairmen's Committee and any additional meeting may be called by individual committee chairmen.
1st and 3rd Tuesday 11:00 a.m. The Chairmen's Committee
Every Tuesday 3:00 p.m. Finance and Judiciary
1st and 3rd Wednesday 9:00 a.m. - Education

10:00 a.m. Fish, Game & Forestry

3:00 p.m. - Transportation
2nd and 4th Wednesday 9:00 a.m. Medical Affairs and General

3:00 p.m. Banking & Insurance
1st and 3rd Thursday 9:00 a.m. Corrections & Penology and Agriculture & Natural Resources
2nd and 4th Thursday 9:00 a.m. Labor, Commerce & Industry

The Rules Committee, Ethics Committee, Interstate Cooperation Committee, and the Invitations Committee shall meet at the call of the Chair. Provided, however, that nothing herein shall prohibit the Chairman of a standing committee from canceling a committee meeting.

The above listed dates refer to calendar weeks as opposed to session weeks. The date, time and place of any called meetings shall be reported to the Clerk of the Senate who shall post such information in the lobby of the Gressette Senate Office Building and the State House. Notice of regular scheduled meetings, as well as called meetings, shall be posted at least 24 hours in advance whenever feasible.

Be it further resolved that a copy of this resolution be retained by the Clerk of the Senate."

Referred to the Committee on Rules.

S. 829 -- Senator Washington: A SENATE RESOLUTION TO EXPRESS THE GRATITUDE AND APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA SENATE TO ELDER DAN L. SMITH OF GILLISONVILLE, SOUTH CAROLINA, FOR HIS LIFETIME OF DEDICATION, COMMITMENT, AND SERVICE TO THE PEOPLE OF HIS COMMUNITY AND THIS STATE, AND ESPECIALLY FOR HIS ROLE IN PROVIDING TRANSPORTATION FOR BLACK SCHOOL CHILDREN IN JASPER COUNTY IN THE 1940'S.

Whereas, Elder Dan L. Smith of Gillisonville, South Carolina, purchased a school bus with his own money for the 1947-48 school year in order to provide transportation for the black children of the county; and

Whereas, without Elder Smith's bus many of these children would have had to walk as far as five miles one way to school each day; and

Whereas, although the bus was only a fifty-four passenger bus, eighty students were picked up in the communities of Possum Corner, Grays, Woodsville, Langsfordville, Gillisonville, and Coosawatchie; and

Whereas, Elder Smith's commitment and dedication to the education of children was instrumental in helping the first year of busing become a success for the community; and

Whereas, Dan Smith also pursued his own education and in 1958 he received his diploma from a two-year technical school and became a licensed electrician. For ten of his thirty retired years at the E. I. DuPont Company he worked as an electrical welder. He is the sole proprietor of the Smith Electric Company and is an experienced carpenter, plumber, and automotive repairman; and

Whereas, Elder Smith has served his community and country in many ways; and

Whereas, he is an honorably discharged United States Navy Veteran and Petty Officer, whose time of service included World War II, for which he received six campaign ribbons and three bronze stars for duties performed in three major battles and combat zones; and

Whereas, Dan Smith is the Presiding Elder of the South Eastern District of the Pentecostal Faith Churches, and has been the pastor of Mt. Calvary Pentecostal Faith Church in Gillisonville for forty-two years; and

Whereas, Elder Smith is the Executive Committeeman for the Democratic Party in the Gillisonville Precinct, a member and Secretary of the Jasper County Ministers' Alliance Association, and has given many years of service to the NAACP. Now, therefore,

Be it resolved by the Senate:

That the members of the South Carolina Senate, by this resolution, express their gratitude and appreciation to Elder Dan L. Smith of Gillisonville, South Carolina, for his lifetime of dedication, commitment, and service to the people of his community and this State and especially for his role in providing transportation for black school children in Jasper County in the 1940's.

Be it further resolved that a copy of this resolution be forwarded to Elder Dan L. Smith of Gillisonville, South Carolina.

The Senate Resolution was adopted.

S. 830 -- Senators Passailaigue, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Macaulay, Martin, Matthews, McConnell, McGill, Mescher, Mitchell, Moore, O'Dell, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO MEMORIALIZE ONE OF THIS STATE'S MOST PROMINENT BUSINESS LEADERS AND RESPECTED PUBLIC SERVANTS, HENRY CHRISTIAN JOHN TECKLENBURG, JR.
Whereas, Henry Christian John Tecklenburg distinguished himself as an outstanding public servant and business leader in this State through the numerous public positions he has occupied in the past thirty-six years; and

Whereas, Mr. Tecklenburg was instrumental in promoting this state's business and industry through his efforts to attract foreign investors to the State during his many distinguished years as chairman of the South Carolina Ports Authority; and

Whereas, he continuously donated his time to furthering the advancement of this State through his numerous positions on key state agencies, such as the State Development Board, the Board of Visitors of the Medical University of South Carolina, and as head of the State Transportation Cabinet; and

Whereas, his valuable contributions to South Carolina and Charleston County politics included serving as chairman of the Democratic Party and as director of Senator Hollings' campaign for twenty- seven years; and

Whereas, in honor of his exceptional achievements, he was touted by President Clinton to head the U.S. Travel and Tourism Office; and

Whereas, Mr. Tecklenburg died unexpectedly on June 7th of this year, and is survived by his wife, Esther, and sons, Henry Tecklenburg, of Columbia; Michael Hynes Tecklenburg of Washington, D.C.; John Joseph Tecklenburg, Dr. Frederick William Tecklenburg, and Paul Francis Tecklenburg, all of Charleston. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That the members of the General Assembly express sorrow on the death of Henry Christian John Tecklenburg, Jr. and extend sympathy to his family and many friends.

Be it further resolved that a copy of this resolution be forwarded to the family of Mr. Tecklenburg.

On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.

S. 831 -- Senator McConnell: A SENATE RESOLUTION TO AMEND RULE 45.1 OF THE RULES OF THE SENATE SO AS TO SPECIFY THE ELECTION LAW OFFENSES WHICH WOULD IMPLICATE THE PROVISION OF THIS RULE.

Be it resolved by the Senate:

That, Rule 45.1 of the Rules of the Senate be amended to read as follows:

(a) If an indictment, or information on a felony, or offense against the election laws a warrant for the offenses provided in the following sections: 7-13-1920, 7-25-20, 7-25-40, 7-25-50, 7-25-60, 7-25-110, 7-25-120, and 7-25-150 is filed, or returned, or issued against a member of the Senate, the member indicted, charged or informed against may request the President Pro Tempore to excuse the member, without pay, from all privileges of membership of the Senate and the President Pro Tempore shall comply with the request.

If the indictment, charge or information is either nol prossed or dismissed, or if the member is found not guilty of the offense or offenses charged or of lesser included offenses, the member may immediately return to active Senate duties and shall be paid all back pay and be restored to all other benefits and privileges retroactive to the date the member was excused.

(b) A member who enters a plea of guilty or nolo contendere to any offense listed in subsection (a), must be suspended by the President Pro Tempore immediately, without a hearing and without pay, from all privileges of membership of the Senate through the remainder of that member's term. In addition, the Senate Ethics Committee shall recommend expulsion of such member to the Senate and the Senate shall vote on the expulsion of such member in accordance with Section 12 of Article III of the Constitution of this State.

(c) A member convicted of any offense listed in subsection (a) must be suspended by the President Pro Tempore immediately, without a hearing and without pay, from all privileges of membership of the Senate pending final appellate action or the end of that member's term, whichever occurs first. If no appeal is taken by the member convicted, or if his appeal is denied, or if the final appellate decision is to sustain the conviction and the member's resignation is not forthcoming, the Senate Ethics Committee shall recommend expulsion of such member to the Senate, and the Senate shall vote on the member's expulsion in accordance with Section 12 of Article III of the Constitution of this State.

If the final appellate decision is to vacate the conviction and there is a retrial or rehearing, the member is subject to the provisions of subsection (a). If the final appellate decision is to vacate the conviction and no charges for any offense listed in subsection (a) remain against the member, the member is entitled to restitution of back pay and restoration of all other benefits and privileges of membership of the Senate retroactive to the date of suspension.

(d) The action provided for in subsections (a), (b), and (c) of this rule is in addition to any action provided by law or other Senate rule."

Be it further resolved that a copy of this be retained by the Clerk of the Senate.

Senator McCONNELL spoke on the Resolution.

The Senate Resolution was adopted.

S. 832 -- Senator Elliott: A SENATE RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE SENATE FOR THE DISTINGUISHED SERVICE OF MR. STACEY GRIFFIN OF DILLON AS A MEMBER OF THE STATE DEVELOPMENT BOARD.

The Senate Resolution was adopted.

H. 4298 -- Rep. Stuart: A CONCURRENT RESOLUTION TO CONGRATULATE THE TOWN OF NEESES UPON THE OCCASION OF ITS UPCOMING ONE HUNDREDTH ANNIVERSARY IN NOVEMBER, 1993.

On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.

H. 4299 -- Rep. Stuart: A CONCURRENT RESOLUTION TO CONGRATULATE THE TOWN OF NORWAY UPON THE OCCASION OF ITS UPCOMING ONE HUNDREDTH ANNIVERSARY IN DECEMBER, 1993.

On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.

H. 4301 -- Reps. G. Bailey and Harvin: A CONCURRENT RESOLUTION CONGRATULATING MR. AND MRS. JAMES W. BILTON, SR. OF DORCHESTER COUNTY ON THE OCCASION OF THEIR FIFTIETH WEDDING ANNIVERSARY, AND EXTENDING THEM BEST WISHES FOR MANY MORE YEARS OF HAPPINESS TOGETHER.

Whereas, on June 27, 1943, James Woodrow (Jim) Bilton, Sr., while in the military service, married Helen Lurene Stephens of Dorchester County -- a marriage which will reach the half-century mark on June 27, 1993; and

Whereas, Jim and Helen Bilton are devoted to each other and have joyfully stood together as a model married couple for fifty years; and

Whereas, they are proud parents, grandparents, and great-grandparents who are loved by their family and deeply respected and admired by the members of their community; and

Whereas, we want the Biltons to know that our thoughts are with them on this splendid occasion and that we share in their joy. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly of the State of South Carolina, by this resolution, congratulate Mr. and Mrs. James W. Bilton, Sr., of Dorchester County on the occasion of their fiftieth wedding anniversary and extend them best wishes for many more years of happiness together.

Be it further resolved that a copy of this resolution be forwarded to Mr. and Mrs. James W. Bilton, Sr.

On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.

H. 4272 -- Reps. Carnell and McAbee: A BILL TO PROVIDE THAT CERTAIN REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES AS THEY PERTAIN TO DAY CARE CENTERS ARE SUSPENDED FROM TAKING EFFECT IN GREENWOOD COUNTY UNTIL JUNE 30, 1994.

Read the first time and referred to the General Committee.

S. 599 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 9, TITLE 47 SO AS TO ESTABLISH IMMUNITY FROM LIABILITY FOR INJURIES OR DEATH TO A PERSON ENGAGED IN AN EQUINE ACTIVITY CAUSED BY AN INHERENT RISK OF EQUINE ACTIVITY.

The House returned the Bill with amendments.

On motion of Senator HOLLAND, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

The following Joint Resolution was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

H. 4208 -- Rep. Harrell: A JOINT RESOLUTION TO EXTEND THE EXPIRATION DATE OF EXISTING TRANSITIONAL REAL ESTATE APPRAISER LICENSES ISSUED UNDER SECTION 40-60-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, TO MAY 1, 1994, OR UNTIL AN APPRENTICE APPRAISER CLASSIFICATION IS ESTABLISHED BY STATUTE, WHICHEVER OCCURS FIRST.

H. 4242 -- Reps. Wofford, H. Brown, Williams and Law: A BILL TO AMEND SECTION 7-7-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BERKELEY COUNTY, SO AS TO REDESIGNATE THE PRECINCTS, DELETE LOCATIONS OF POLLING PLACES, AND PROVIDE THAT POLLING PLACES MUST BE ESTABLISHED BY THE BERKELEY COUNTY ELECTION COMMISSION SUBJECT TO THE APPROVAL OF THE BERKELEY COUNTY LEGISLATIVE DELEGATION.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Senator ROSE proposed the following amendment (4242R001.MTR), which was adopted:

Amend the bill, as and if amended, page 2 by striking lines 36-40 and inserting the following:

/ (C) The polling places for the precincts provided in this section must be established by the Berkeley County Election Commission subject to the approval of a majority of the Senators and a majority of the House members of the Berkeley County Delegation."/

Amend title to conform.

There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.

Senator McCONNELL raised a Point of Order that statewide third reading bills could not be considered under the terms of S. 803, the Sine Die Resolution.

Senator LEVENTIS spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

The following Bill having been read the second time with notice of general amendments was ordered placed on the third reading Calendar:

H. 3734 -- Reps. Gonzales, R. Young, Hallman, Harrell, Fulmer, Hutson and J. Bailey: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE CHARLESTON SCHOOL DISTRICT AND THE MANNER IN WHICH THE ANNUAL TAX MILLAGE FOR THE DISTRICT IS DETERMINED, SO AS TO REVISE THIS PROCEDURE INCLUDING PROVISIONS AUTHORIZING A REFERENDUM FOR INCREASING THE MILLAGE CAP AND AUTHORIZING CHARLESTON COUNTY COUNCIL TO APPROVE A CHANGE IN THE ANNUAL MILLAGE CAP.

Senator PASSAILAIGUE asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

S. 726 -- Senator Setzler: A BILL TO AMEND SECTION 12-36-2110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM SALES TAX ON THE SALE OR LEASE OF CERTAIN ITEMS, SO AS TO REVISE THE TYPES OF TRAILERS AND CERTAIN OTHER SIMILAR TYPES OF VEHICLES WHICH QUALIFY FOR THIS MAXIMUM TAX.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Finance.

The Finance Committee proposed the following amendment (N05\7369DW.93), which was adopted:

Amend the bill, as and if amended, page 1, by striking lines 24 through 27 and inserting the following:

/"(5) trailer, poletrailer, or semitrailer, pulled by a truck tractor, as defined in Section 56-3-20, but not including house trailers or campers as defined in Section 56-3-710, and including horse trailers effective July 1, 1993;"/

Amend title to conform.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.

The following Bill having been read the second time was ordered placed on the third reading Calendar:

S. 516 -- Senator Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-700 SO AS TO DESIGNATE THE SQUARE DANCE AS THE OFFICIAL AMERICAN FOLK DANCE OF THE STATE.

Columbia, S.C., June 14, 1993

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4242 -- Reps. Wofford, H. Brown, Williams and Law: A BILL TO AMEND SECTION 7-7-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BERKELEY COUNTY, SO AS TO REDESIGNATE THE PRECINCTS, DELETE LOCATIONS OF POLLING PLACES, AND PROVIDE THAT POLLING PLACES MUST BE ESTABLISHED BY THE BERKELEY COUNTY ELECTION COMMISSION SUBJECT TO THE APPROVAL OF THE BERKELEY COUNTY LEGISLATIVE DELEGATION.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

S. 245 -- Senators Macaulay, Peeler, McConnell, Martin, Ford, Thomas, Williams and Leatherman: A BILL TO AMEND SECTION 38-77-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLISION, COMPREHENSIVE, FIRE, THEFT, AND COMBINED ADDITIONAL MOTOR VEHICLE LIABILITY INSURANCE COVERAGE, SO AS TO MAKE IT OPTIONAL FOR INSURERS TO OFFER COLLISION COVERAGE AND EITHER COMPREHENSIVE OR FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE; TO PROVIDE THAT ALL INSURERS WRITING SINGLE INTEREST COLLISION COVERAGE SHALL PROVIDE AN APPLICANT FOR THIS INSURANCE WITH A CERTAIN NOTICE THAT MUST BE SIGNED BY THE APPLICANT; AND TO PROVIDE THAT ALL INSURERS SHALL SUBMIT RATE FILINGS WITHIN TWELVE MONTHS FOLLOWING THE EFFECTIVE DATE OF THIS ACT WHICH MUST REFLECT THE RATE DECREASES, IF ANY, ATTRIBUTABLE TO THE PASSAGE OF THIS ACT.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

On motion of Senator LEVENTIS, the Bill was carried over.

THE SENATE PROCEEDED TO THE MOTION PERIOD.

On motion of Senator LEATHERMAN, the Senate agreed to dispense with the Motion Period.

At 11:42 A.M., on motion of Senator WILLIAMS, the Senate receded from business subject to the call of the Chair.

At 12:59 P.M., the Senate resumed.

H. 3546 -- Reps. Sheheen, Wilkins, Boan, Hodges, Jennings, Harwell, Corning and Thomas: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATION OF GOVERNMENT TO PROVIDE FOR THE ORGANIZATION, DUTIES, FUNCTIONS AND PROCEDURES OF THE VARIOUS DEPARTMENTS AND DIVISIONS. (Shortened Title)

Senator MOORE, Chairman of the Committee of Free Conference, was granted leave to make a status report on the work of the Committee of Free Conference.

At 1:12 P.M., on motion of Senator MOORE, the Senate receded from business until 2:30 P.M.

The Senate reassembled at 2:47 P.M. and was called to order by the PRESIDENT.

Senator MOORE made the point that a quorum was not present. It was ascertained that a quorum was not present.

Senator MOORE moved that a call of the Senate be made. The following Senators answered the call:
Bryan Cork Courson
Courtney Drummond Elliott
Ford Giese Glover
Gregory Hayes Holland
Jackson Land Lander
Leatherman Leventis Macaulay
Martin Matthews McConnell
McGill Mescher Mitchell
Moore O'Dell Passailaigue
Patterson Peeler Reese
Richter Rose Russell
Ryberg Saleeby Setzler
Short Smith, G. Smith, J.V.
Stilwell Thomas Waldrep
Washington Williams Wilson

The Senate resumed.

Senator MOORE moved that the Senate recur to the Morning Hour for the purpose of taking up Conference Reports.

There was no objection.

H. 3546 -- Reps. Sheheen, Wilkins, Boan, Hodges, Jennings, Harwell, Corning and Thomas: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATION OF GOVERNMENT TO PROVIDE FOR THE ORGANIZATION, DUTIES, FUNCTIONS AND PROCEDURES OF THE VARIOUS DEPARTMENTS AND DIVISIONS. (Shortened Title)

On motion of Senator MOORE, with unanimous consent, the Report of the Committee of Free Conference was taken up for immediate consideration.

Senator MOORE spoke on the report.

Senator MOORE moved that the Report of the Committee of Free Conference be adopted.

Senator LEVENTIS spoke on the report

Senator MACAULAY spoke on the report.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Bryan Cork Courson
Courtney Drummond Elliott
Giese Gregory Hayes
Holland Jackson Land
Lander Leatherman Martin
Matthews McConnell McGill
Mescher Mitchell Moore
O'Dell Passailaigue Patterson
Peeler Reese Richter
Rose Russell Ryberg
Saleeby Setzler Short
Smith, G. Smith, J.V. Stilwell
Thomas Waldrep Washington
Williams Wilson

Ford Glover Leventis
Macaulay

The Report of the Committee of Free Conference to H. 3546 was adopted, and a message was sent to the House accordingly.

I very reluctantly am voting for this because of the benefits of the Highway Department Reorganization. I have no problem giving the Governor full authority over the administration of purely executive functions. Reorganization should have reduced the size of government and the cost of government.

This Bill does not make any measurable decrease in costs and FTE's. In fact it increases the size of government. The House of Representatives has insisted on "so called reforms" which enlarge and add to the bureaucracy. It layers more management on another layer of high paid management. It adds Administrative Law Judges.

Other bad features include putting insurance rates under the control of direct political fingers. The Tax Commission will go under the political control of one person. Agency heads will be able to appoint ad hoc committees and study commissions as they see fit. The professional licensing agencies are being put under a bureaucrat who will now choose the boards' executive directors and determine the clerical staff, etc. These boards have been funded with their own monies and the state has made money off of these. The way has now been opened for good ole boy politics to raise its head in these operations. This is a step in the wrong direction.

The addition of Administrative Law Judges will lead to furthering the unnecessary demand for the public to hire lawyers to deal with government at an earlier date.

The bill requires a mission statement from each department every five years which must be approved by the General Assembly by Joint Resolution. However, there is no penalty for failure to submit one which can obtain approval. This appears to be feel good window dressing from the other chamber.

Restructuring of government has failed to add the true monitoring mechanisms to look for government waste and inefficiency. The Legislative Audit Council should have been increased but we have had to fight to keep it in existence.

On balance the Senate has prevented the Highway Construction funds from coming under political fingers. The commission has been put on a one-man one-vote basis insuring better representation for the area I represent. The Senate has succeeded in reforming the Shims Account and seeing that it is put into highway construction priorities. The Senate has succeeded in protecting environmental permits from power politics and being handled like political favors. We have kept citizen participation where it is needed in some service areas. We have prevented the creation of a law enforcement czar. We have curbed the House's appetite for the ALJ's by reducing their roles and numbers. We have preserved to a degree the independence of the professional boards. We have prevented the Patient's Compensation Fund from being gulped up by state government in a merger where its accounts could be raided in tight budget times.

With reluctance I vote "yes" but feel the problems and costs imbedded in this Bill should have been pushed out. With the House of Representatives resisting any further changes, we have fought as hard as we can. We have gotten the best we could get under the circumstances. I have chanced holding out for more and risked us losing what we had fought so hard to gain in other areas.

I voted "no" on the granting of Free Conference on this bill. I did so not because the bill has no value. It does. But for these following reasons, I think we should continue to work out details as well as some major philosophical matters:
1) There is no fiscal impact estimate regarding this entire Bill.
2) The Dept. of Transportation has term limits on its commission members which minimize or eliminate any accountability of the agency.
3) The government involvement in the selection of the Director of DHEC is inappropriate and brings politics into what should be decisions based on science and reason.
4) Education is not considered. This is over 50% of the budget, yet it wasn't even considered.
5) No one could be identified who had read the Bill in its entirety.
6) In just a summary reading of parts of the Bill, I found substantive errors in dates.
7) I believe this structure will close opportunities for minorities, women, and those who don't make large contributions out of access to government service on boards and commissions.

While I don't believe a "no" vote will kill this bill, killing the bill was not my intent. Full and complete understanding of the matter and its cost is our responsibility. We have not met it if we pass this act at this time.

I could not vote for free conference powers on H. 3546, inasmuch as it would legitimize "bob-tailing" permanent legislation in the annual general appropriations act, politicize the agency charged with the protection of our citizens' health and state's environment, and create new levels of political bureaucracy without any actual reduction in the size of the government.

Columbia, S.C., June 14, 1993

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on the following Bill:
H. 3546 -- Reps. Sheheen, Wilkins, Boan, Hodges, Jennings, Harwell, Corning and Thomas: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATION OF GOVERNMENT TO PROVIDE FOR THE ORGANIZATION, DUTIES, FUNCTIONS AND PROCEDURES OF THE VARIOUS DEPARTMENTS AND DIVISIONS. (Abbreviated Title)
Very respectfully,
Speaker of the House

The Report of the Committee of Free Conference having been adopted by both Houses, ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

A message was sent to the House accordingly.

At 5:25 P.M., Senator HAYES requested a leave of absence for the balance of the day.

H. 3151 -- Reps. Wilkins, Hodges, Jennings and Clyborne: 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, 7-25-80, 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, AS AMENDED, 23-31-360, AS AMENDED, 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, 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, 56-5-1030, 57-1-60, 58-13-740, 58-15-820, AND 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, 16-11-700, AS AMENDED, 16-11-920, AS AMENDED, 16-11-940, AS AMENDED, 16-14-40, 16-14-60, AS AMENDED, 16-14-70, 16-17-470, 20-7-2660, AS AMENDED, 47-3-760, AS AMENDED, 47-21-80, AND 48-43-550, RELATING TO VARIOUS CRIMES AND OFFENSES, SO AS TO CHANGE PORTIONS FROM FELONIES 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, 16-13-430, 16-21-80, 38-55-170, AS AMENDED, 46-1-20, 46-1-40, 46-1-60, 46-1-70, AND 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 2-17-140, 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, 7-25-60, 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, 8-13-320, AS AMENDED, 8-13-540, AS AMENDED, 9-1-1160, 10-11-360, 11-1-20, 11-1-40, 11-9-20, 12-2-70, 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, 16-5-40, 16-5-130, 16-7-170, 16-9-30, 16-9-410, 16-11-30, 16-11-190, 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, 16-15-50, 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, 37-13-50, 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, 56-5-2945, 56-29-30, 58-13-10, 59-25-250, 59-63-450, AND 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 12-7-1680, AS AMENDED, RELATING TO VIOLATION OF SECRECY OF INCOME INFORMATION, SO AS TO PROVIDE THAT THE OFFENSE IS A MISDEMEANOR; TO AMEND SECTION 16-3-615, RELATING TO SEXUAL BATTERY, SO AS TO CHANGE THE TERM OF IMPRISONMENT TO TEN YEARS; TO AMEND SECTION 16-3-1070, RELATING TO STALKING, SO AS TO PROVIDE THAT THE OFFENSE IS A MISDEMEANOR; 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 AMEND SECTION 50-17-1190, RELATING TO PENALTIES FOR VIOLATIONS OF THE COASTAL FISHERIES LAWS, SO AS TO PROVIDE THAT THE OFFENSE IS A MISDEMEANOR; AND 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, 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 SEAMEN.

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, the Report of the Committee of Conference to H. 3151 was adopted as follows:

The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3151 -- Reps. Wilkins, Hodges, Jennings and Clyborne: 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, 7-25-80, 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, AS AMENDED, 23-31-360, AS AMENDED, 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, 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, 56-5-1030, 57-1-60, 58-13-740, 58-15-820, AND 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, 16-11-700, AS AMENDED, 16-11-920, AS AMENDED, 16-11-940, AS AMENDED, 16-14-40, 16-14-60, AS AMENDED, 16-14-70, 16-17-470, 20-7-2660, AS AMENDED, 47-3-760, AS AMENDED, 47-21-80, AND 48-43-550, RELATING TO VARIOUS CRIMES AND OFFENSES, SO AS TO CHANGE PORTIONS FROM FELONIES 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, 16-13-430, 16-21-80, 38-55-170, AS AMENDED, 46-1-20, 46-1-40, 46-1-60, 46-1-70, AND 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 2-17-140, 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, 7-25-60, 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, 8-13-320, AS AMENDED, 8-13-540, AS AMENDED, 9-1-1160, 10-11-360, 11-1-20, 11-1-40, 11-9-20, 12-2-70, 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, 16-5-40, 16-5-130, 16-7-170, 16-9-30, 16-9-410, 16-11-30, 16-11-190, 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, 16-15-50, 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, 37-13-50, 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, 56-5-2945, 56-29-30, 58-13-10, 59-25-250, 59-63-450, AND 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 12-7-1680, AS AMENDED, RELATING TO VIOLATION OF SECRECY OF INCOME INFORMATION, SO AS TO PROVIDE THAT THE OFFENSE IS A MISDEMEANOR; TO AMEND SECTION 16-3-615, RELATING TO SEXUAL BATTERY, SO AS TO CHANGE THE TERM OF IMPRISONMENT TO TEN YEARS; TO AMEND SECTION 16-3-1070, RELATING TO STALKING, SO AS TO PROVIDE THAT THE OFFENSE IS A MISDEMEANOR; 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 AMEND SECTION 50-17-1190, RELATING TO PENALTIES FOR VIOLATIONS OF THE COASTAL FISHERIES LAWS, SO AS TO PROVIDE THAT THE OFFENSE IS A MISDEMEANOR; AND 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, 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 SEAMEN.
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 16-1-10 of the 1976 Code, as last amended by Act 412 of 1992, is further amended to read:

"Section 16-1-10. The crimes referred to in the sections listed below and all other criminal offenses punishable under the laws of this State which were felonies under common law are hereby classified as and declared to be felonies:
8-13-705 (bribing public official, member, employee or witness, or soliciting bribe)
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)
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)
16-3-75 (tampering with human drug products or food items)
16-3-85 (homicide by child abuse)
16-3-210 (lynching)
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)
16-3-625 (resisting arrest by a law enforcement officer with use or threat of use of a deadly weapon)
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)
16-3-1060 (receiving compensation for relinquishment of child for adoption)
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)
16-11-125 (false claims to obtain insurance benefits for fire or explosion losses)
16-11-130 (burning personal property to defraud insurer)
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)
16-15-305 (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)
16-15-410 (third degree sexual exploitation of a minor)
16-15-415 (promoting prostitution of a minor)
16-15-425 (participating in prostitution of a minor)
16-17-470 (eavesdropping or peeping)
16-17-495 (transporting child under sixteen outside State with intent to violate custody order)
16-17-600 (destruction or desecration of human remains) 16-18-10 (offenses promoting civil disorder)
16-23-30 (sale or delivery of pistol to and possession by certain persons; stolen pistols)
16-27-30 (animal fighting and baiting)
16-27-40 (animal fighting and baiting)
20-7-1710 (receiving compensation for relinquishment of child for adoption)
20-7-3095 (commission of certain crimes near child day care facility)
21-21-20 (receiving compensation for relinquishment of child for adoption)
23-29-60 (registration of members of subversive organizations)
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)
34-3-110 (defrauding Federally chartered or insured financial institution, or obtaining property fraudulently)
34-11-90 (drawing or uttering instrument in violation of Chapter 11 of Title 34 in excess of five thousand dollars)
38-55-170 (presenting false claim for payment to insurer)
44-23-1080 (allowing patient or prisoner under jurisdiction of Department of Mental Health access to firearms or dangerous weapons)
44-29-145 (knowingly exposing another to the Human Immunodeficiency Virus)
44-41-80(a) (illegal abortion)
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)
44-53-370(e) (trafficking in controlled substances)
44-53-375(A) (possession of crack cocaine, other than first offense of less than one gram)
44-53-375(B), (possession, distribution, and manufacture of (C)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)
44-53-1530 (possessing or prescribing anabolic steroids)
47-3-760(B) (owner of dangerous animal which attacks and injures a human being)
47-21-30 (taking control of animal facility without consent)
47-21-40 (damaging animal facility)
47-21-50 (unauthorized entry into animal facility)
50-21-112 (operating a moving vessel while under influence of drugs or alcohol)
56-5-2945 injuring or killing any person while driving vehicle under influence of alcohol or drugs)
56-29-30 (Motor Vehicle Chop Shop, Stolen, and Altered Property Act)
59-102-20 (operating as athlete agent without registering)
59-102-30 (failure of athlete agent to give notice that student athlete has entered into agent contract, or executing postdated agent contract)
and the crimes of treason, attempt to rape, robbery and highway robbery, grand larceny and mayhem.
(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 less than one year are misdemeanors and exempt from the classification system.

(D) The following offenses are classified as exempt under subsections (A) and (B):

16-3-10 Murder

16-3-30 Killing by poison

16-3-40 Killing by stabbing or thrusting

16-3-85 Homicide by child abuse

(B)(1)

16-3-85 Aiding and abetting homicide by

(B)(2) child abuse

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)

44-53-370 Prohibited Acts, penalties
(e)(5)(a)3 (trafficking in LSD, 100 dosage units or more, but less than 500 dosage units)
Third or subsequent offense

44-53-370 Prohibited Acts, penalties

(e)(5)(b)3 (trafficking in LSD, 500 dosage units or more, but less than 1,000 dosage units)
Third or subsequent offense
44-53-370 Prohibited Acts, penalties
(e)(5)(c) (trafficking in LSD, 1,000 dosage units or more)

44-53-375 Trafficking in ice, crank, or

(C)(1)(c) crack cocaine 10 grams or more, but less than 28 grams
Third or subsequent offense

44-53-375 Trafficking in ice, crank, or

(C)(2)(c) crack cocaine 28 grams or more, but less than 100 grams
Third or subsequent offense
44-53-375 Trafficking in ice, crank, or

(C)(3) crack cocaine 100 grams or more, but less than 200 grams

44-53-375 Trafficking in ice, crank, or

(C)(4) crack cocaine 200 grams or more, but less than 400 grams
44-53-375 Trafficking in ice, crank, or

(C)(5) crack cocaine 400 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 July 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 July 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. The 1976 Code is amended by adding:

"Section 16-1-57. A person convicted of an offense for which the term of imprisonment is contingent upon the value of the property involved must, upon conviction for a third or subsequent offense for such violation involving the value of property in an equal or greater amount, be fined, imprisoned, or both based upon the classification above the punishment provided for the principal offense."

SECTION 8. Section 16-1-60 of the 1976 Code is amended to read:

"Section 16-1-60. (A) 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)).

(B) For a person to be considered guilty of a violent crime, the offense must be defined as a violent crime pursuant to subsection (A) at the time of the commission of the crime."

SECTION 9. The 1976 Code is amended by adding:

"Section 16-1-80. A 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

16-11-380 Entering bank, depository or building and loan association with intent to steal

16-11-330(A) Robbery while armed with a deadly weapon

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

44-53-370 Prohibited Acts, penalties

(e)(2)(b)2 (trafficking in cocaine, 28 grams or more, but less than 100 grams
Second offense

44-53-370 Prohibited Acts, penalties

(e)(5)(a)2 (trafficking in LSD, 100 dosage units or more, but less than 500 dosage units)
Second offense

44-53-370 Prohibited Acts, penalties

(e)(5)(b)2 (trafficking in LSD, 500 dosage units or more, but less than 1,000 dosage units)
Second offense

44-53-375 Manufacture, distribution, etc.,

(B)(3) ice, crank, or crack cocaine
Third or subsequent offense

44-53-375 Trafficking in ice, crank, or

(C)(1)(b) crack cocaine (10 grams or more, but less than 28 grams)
Second offense

44-53-375 Trafficking in ice, crank, or

(C)(2)(b) crack cocaine (28 grams or more, but less than 100 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, penalties

(e)(2)(b)1 (trafficking in cocaine, 28 grams or more, but less than 100 grams)
First offense

44-53-370 Prohibited Acts A, penalties

(e)(3)(a)1 (trafficking in illegal drugs, 4 grams or more, but less than 14 grams)

44-53-370 Prohibited Acts, penalties

(e)(5)(b)1 (trafficking in LSD, 500 dosage units or more, but less than 1000 dosage units
First offense

44-53-375 Manufacture, distribution, etc., ice, crank, or crack

(B)(2) cocaine
Second offense

44-53-375 Trafficking in ice, crank, crack cocaine

(C)(2)(a) 28 grams or more, but less than 100 grams
First offense

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 - victim 14 years of age or less, but who is at least 11 years of age
Second degree

16-3-655(3) Criminal sexual conduct with minor - victim less than 16 years of age, but who is at least 14 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 terms 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

44-53-375 Possession of less than 1 gram

(A) of ice, crank, or crack
cocaine
Third or subsequent offense

44-53-375 Manufacture, distribution, etc.,

(B)(1) ice, crank, or crack
cocaine
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 by

(A)(1) operating vehicle while under influence of drugs or alcohol
(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

7-25-60 Procuring or offering to procure votes by bribery
Second or subsequent 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 Aiding escapes from prison, for

(C)(1) 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 $5,000 or more)

16-11-520 Malicious injury to real

(B)(1) property (value $5,000 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 $5000 or more)

(B)(1)
16-13-30 Grand larceny (value $5000

(B)(2) or more)

16-13-40(3) Stealing of bonds and the like

(value $5000 or more)

16-13-50(1) Stealing livestock, confiscation of motor vehicle or other chattel (value $5000 or more)

16-13-70 Stealing of vessels and

(B)(1) equipment, payment of damages (value $5000 or more)

16-13-110 Shoplifting (value $5000 or

(B)(3) more)

16-13-170 Entering house or vessel without reaking in with intent to steal, attempt to enter

16-13-180(3) Receiving stolen goods (value

$5000 or more)

16-13-210(1) Embezzlement of public funds

(value $5000 or more)

16-13-230 Breach of trust with fraudulent

(B)(3) intent (value $5000 or more)

16-13-240(1) Obtaining signature or property by false pretenses (value $5000 or more)

16-13-260(1) Obtaining property under false tokens or letters (value $5000 or more)

16-13-290(1) Securing property by fraudulent impersonation of officer over $200

16-13-420 Failure to return rented objects,

(B)(1) fraudulent appropriation (value $5000 or more)

16-13-425(3) Unlawful failure to return rented video or cassette tape (value $5000 or more)

16-13-430 Fraudulent acquisition or use

(C)(1) of food stamps (value $5000 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(3) Receiving, possessing,

concealing, selling, or

disposing of stolen vehicle

(value $5000 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 $5000 or more)

39-73-325 Violation of regulation under State Commodity Code

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)

44-53-370 Prohibited Acts, penalties
(e)(5)(a)1 (trafficking in LSD, 100 dosage units or more, but less than 500 dosage units)
First offense

44-53-375(A) Possession of less than one gram of ice, crank, or crack cocaine
Second offense

44-53-375 Trafficking in ice, crank, or

(C)(1)(a) crack cocaine 10 grams or more, but less than 28 grams
First 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 $5000 or more)

46-1-40(1) Stealing tobacco plants from bed (value $5000 or more)

46-1-60 Making away with produce before

(B)(1) payment (value $5000 or more)

46-1-70 Factors or commission merchants

(B)(1) failing to account for produce (value $5000 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 $5000 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:

7-25-50 Bribery at elections
First offense

7-25-60 Procuring or offering to procure votes by bribery
First offense

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 $1000, up to $5000)

16-11-520 Malicious injury to real

(B)(2) property (value over $1000, up to $5000)

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 $1000, up to

(B)(2) $5000)

16-13-30 Grand larceny (value over

(B)(1) $1000, up to $5000)

16-13-40(2) Stealing of bonds and the like (value over $1000, up to $5000)

16-13-50(2) Stealing livestock, confiscation of motor vehicle or other chattel (value over $1000, up to $5000)

16-13-70 Stealing of vessels and

(B)(2) equipment- payment of damages (value over $1000, up to $5000)

16-13-110 Shoplifting (value over $1000,

(B)(2) up to $5000)

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 $1000, up to $5000)

16-13-210(2) Embezzlement of public funds (value over $1000, up to $5000)

16-13-230 Breach of trust with

(B)(2) fraudulent intent (value over $1000, up to $5000)

16-13-240(2) Obtaining signature or property by false pretenses (value over $1000, up to $5000)

16-13-260(2) Obtaining property under false tokens or letters (value over $1000, up to $5000)

16-13-420 Failure to return rented

(B)(2) objects, fraudulent appropriation (value over $1000, up to $5000)

16-13-425(2) Unlawful failure to return rented video or cassette tape (value over $1000, up to $5000)

16-13-430 Fraudulent acquisition or use

(C)(2) of food stamps (value over $1000, up to $5000)

16-14-80 Criminally receiving goods and services fraudulently obtained with financial transaction card (value over $500)

16-15-10 Bigamy

16-15-120 Buggery

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(2) Receiving, possessing, concealing, selling, or disposing of stolen vehicle

(value over $1000, up to $5000)

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

16-23-430 Carrying weapons on school property

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 $1000, up to $5000)

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 $1000, up to $5000)

46-1-40(2) Stealing tobacco plants from bed (value over $1000, up to $5000)

46-1-60 Making away with produce before

(B)(2) payment (value over $1000, up to $5000)

46-1-70 Factors or commission merchants

(B)(2) failing to account for produce (value over $1000, up to $5000)

46-41-30(2) Unlawful to engage in business as dealer without license, (agricultural products)
Second or subsequent offenses

47-3-760 Penalty for owner of dangerous

(B)(2) animal which attacks and injures a human

Second or subsequent offenses

49-1-50 Sale of drifted lumber or timber

(C)(2) (value over $1000, up to $5000)

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)

7-25-70 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

16-3-1070(D) Stalking

Second or subsequent offenses

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

47-3-760 Penalty for owner of dangerous

(B)(1) animal which attacks and injures a human

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

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

16-3-1070(C) Stalking while restraining order or injunction in effect

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

16-17-10 Barratry

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

47-1-40 Cruelty to animals

Third or subsequent offense

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

16-3-1070 Stalking

First offense

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

16-15-50 Seduction under promise of marriage

16-15-60 Adultery or fornication

16-15-325 Participation in preparation of obscene 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)]

16-23-450 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)

50-17-1190 Violation of coastal fisheries laws

Second or subsequent offense

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 10. 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, 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 felony 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 five years., and, Upon conviction for the a second or subsequent offense, shall be 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 11. 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 felony. Upon conviction for a first offense thereof, shall the person must be fined in the discretion of the court and imprisoned, at the discretion of the court not more than five years. Upon conviction for a second or subsequent offense, the person must be fined in the discretion of the court and imprisoned not more than ten years."

SECTION 12. 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 13. 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 14. 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 15. 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 16. 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 17. 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 18. 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 19. 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 20. 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 21. 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 22. 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 23. 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 24. 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 25. 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 26. 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 27. 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 28. 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 29. 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 30. 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 31. 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 32. 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, if the property or thing obtained has a value of more than two hundred dollars.

(2) misdemeanor triable in magistrate's court, and, upon conviction, the punishment shall must be by 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 33. 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 34. 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 35. 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 36. 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 37. 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 38. 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 39. 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 40. 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 41. 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 42. 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 43. 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 44. 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 45. 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 46. 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 47. 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 48. Section 16-23-430(2) of the 1976 Code, as last amended by Act 579 of 1990, is further amended to read:

"(2) Any A person violating who violates the provisions of this section is guilty of a misdemeanor felony and, upon conviction, must be fined in an amount not to exceed not more than one thousand dollars or imprisoned for a term not to exceed one year more than five years, or both. Any weapon or object used in violation of this section may be confiscated by the law enforcement division making the arrest."

SECTION 49. 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 50. 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 51. 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 a 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 52. 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 53. 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 54. 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 55. 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 56. 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 57. 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 58. 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 59. 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 60. 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 61. 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 62. 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 63. 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 64. 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 65. 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 66. 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 67. 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 68. 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 69. 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 70. 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 71. 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 72. 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 73. 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 74. Section 44-53-375 of the 1976 Code, as last amended by an Act of 1993 bearing Ratification Number 114, is further amended to read:

"Section 44-53-375. (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.

(B) A person who manufactures, distributes, dispenses, delivers, purchases, or otherwise aids, abets, attempts, or conspires to manufacture, distribute, dispense, deliver, or purchase, or possesses with intent to distribute, dispense, or deliver ice, crank, or crack cocaine, in violation of the provisions of Section 44-53-370, is guilty of a felony and, upon conviction:

(1) for a first offense, must be sentenced to a term of imprisonment of not more than fifteen years and fined not less than twenty-five thousand dollars;

(2) for a second offense or if, in the case of a first conviction of a violation of this section, the offender has been convicted of any 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 must be imprisoned for not more than twenty-five years and fined not less than fifty thousand dollars;

(3) for a third or subsequent offense or if the offender has been convicted two or more times in the aggregate of any 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 must be imprisoned for not more than thirty years and fined not less than one hundred thousand dollars.

Possession of one or more grams of ice, crank, or crack cocaine is prima facie evidence of a violation of this subsection.

(C) A person who knowingly sells, manufactures, delivers, purchases, or brings into this State, or who provides financial assistance or otherwise aids, abets, attempts, or conspires to sell, manufacture, deliver, purchase, or bring into this State, or who is knowingly in actual or constructive possession or who knowingly attempts to become in actual or constructive possession of ten grams or more of ice, crank, or crack cocaine, as defined and otherwise limited in Sections 44-53-110, 44-53-210(b)(4), 44-53-210(d)(1), or 44-53-210(d)(2), is guilty of a felony which is known as `trafficking in ice, crank, or crack cocaine' and, upon conviction, must be punished as follows if the quantity involved is:

(1) ten grams or more, but less than twenty-eight grams:

(a) for a first offense, a term of imprisonment of not less than three years nor more than ten years, no part of which may be suspended nor probation granted, and a fine of twenty-five thousand dollars;

(b) for a second offense, a term of imprisonment of not less than five years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

(c) for a third or subsequent offense, a mandatory minimum term of imprisonment of not less than twenty-five years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

(2) twenty-eight grams or more, but less than one hundred grams:

(a) for a first offense, a term of imprisonment of not less than seven years nor more than twenty-five years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

(b) for a second offense, a term of imprisonment of not less than seven years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

(c) for a third or subsequent offense, a mandatory minimum term of imprisonment of not less than twenty-five years and not more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

(3) one hundred grams or more, but less than two hundred grams, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

(4) two hundred grams or more, but less than four hundred grams, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of one hundred thousand dollars;

(5) four hundred grams or more, a term of imprisonment of not less than twenty-five years nor more than thirty years with a mandatory minimum term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of two hundred thousand dollars.

(D) Except for a first offense, as provided in subsection (A) of this section, sentences for violation of the provisions of this section may not be suspended and probation may not be granted."

SECTION 75. 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 76. 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 77. 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 78. 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 79. 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 80. 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 81. Section 56-1-1100 of the 1976 Code is 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 82. 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 83. 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 84. 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 85. 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 86. 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 87. 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 88. 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 89. 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 90. 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 97. 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 92. Section 16-11-700(E) of the 1976 Code, as added by Act 63 of 1991, is 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 93. 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 94. Section 16-11-940 of the 1976 Code, as amended by Act 92 of 1989, is further 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 95. 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 96. 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 97. 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 98. 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 99. 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 100. 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 101. Section 47-3-760(B) of the 1976 Code, as last amended by Act 374 of 1992, is further amended to read:

"(B) A person who is the owner of a dangerous animal which attacks and injures a human being in violation of Section 47-3-710(A)(2)(a):

(1) for a first offense, is guilty of a felony misdemeanor and, upon conviction, for a first offense, must be fined not more than five thousand dollars or imprisoned not more than thirty-six months and, three years;

(2) for a second or subsequent offense, is guilty of a felony and, upon conviction, of a subsequent offense, must be fined not more than ten thousand dollars or imprisoned not more than five years."

SECTION 100. Section 47-21-80 of the 1976 Code, as added by Act 327 of 1992, is amended to read:

"Section 47-21-80. (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 fined not more than ten thousand dollars or by imprisonment for imprisoned not more than three years, or both.

(B) A person violating Section 47-21-60 is guilty of a misdemeanor and, upon conviction, must be punished by a fine of fined not more than five thousand dollars or by imprisonment for imprisoned not more than one year, or both."

SECTION 101. 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 104. 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 five 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 one thousand dollars but less than five thousand dollars.

(3) misdemeanor triable in magistrate's court if the injury or loss of property is one thousand 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 105. 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 five 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 one thousand dollars but less than five thousand dollars.

(3) misdemeanor triable in magistrate's court if the amount of injury or damage to the property is one thousand 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 106. 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 five 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 less than five thousand dollars but more than one thousand dollars.

(3) misdemeanor triable in magistrate's court if the amount of the forgery is one thousand 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.

If the forgery does not involve a dollar amount, the person 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 107. 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 one thousand 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 one thousand 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 one thousand dollars but less than five thousand dollars.

(2) ten years if the value of the personalty is five thousand dollars or more."

SECTION 108. 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 one thousand 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 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 value of the instrument stolen or taken is more than one thousand dollars but less than five 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 five 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 109. 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 five 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 one thousand dollars but less than five 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 one thousand 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 110. 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 five 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 one thousand dollars but less than five thousand dollars.

(3) misdemeanor triable in magistrate's court if the value of the property is one thousand 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 111. 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 triable in magistrate's court and, upon conviction, shall must be punished in accordance with the following: (1) By a fine of fined not more than six five 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 one thousand 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 one thousand dollars but less than five 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 five thousand dollars or more."

SECTION 112. Section 16-13-180 of the 1976 Code, as last amended by Act 640 of 1988, is further amended to read:

"Section 16-13-180. It is unlawful for any a person knowingly to buy, or receive, or possess stolen goods, chattels, or other property if the person knows or has reason to believe the goods, chattels, or property is stolen. 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 one thousand 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 two hundred is more than one thousand dollars but is less than one five 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 one is five 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 113. 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 five 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 one thousand dollars but less than five thousand dollars.

(3) misdemeanor triable in magistrate's court if the amount of the embezzled funds is one thousand 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 114. 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 one thousand 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 one thousand dollars but less than five 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 five thousand dollars or more."

SECTION 115. 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 five 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 one thousand dollars but less than five thousand dollars.

(3) misdemeanor triable in magistrate's court if the value of the property is one thousand 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 116. 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 five 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 one thousand dollars but less than five thousand dollars.

(3) misdemeanor triable in magistrate's court if the value of the property is one thousand 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 117. 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 five 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 one thousand dollars but less than five thousand dollars.

(3) misdemeanor triable in magistrate's court if the value of the rented or leased item is one thousand 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 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 one thousand 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 one thousand dollars but less than five 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 five thousand dollars or more."

SECTION 119. 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 five 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 one fraudulently acquired or used is of a value of more than one thousand dollars but less than five 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 fraudulently acquired or used is of a value of one thousand 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 120. 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:

(1) misdemeanor triable in magistrate's court if the value of the vehicle is one thousand dollars or less. Upon conviction, the person must be fined, imprisoned, or both, not more than is permitted by law without presentment or indictment by the grand jury. and punishable under subsection (1) of S 16-21-130

(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 vehicle is more than one thousand dollars but less than five thousand dollars.

(3) 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 vehicle is five thousand dollars or more."

SECTION 121. Section 38-55-170 of the 1976 Code, as last amended by an Act of 1993 bearing Ratification Number 99, is further amended to read:

"Section 38-55-170. Any A person who knowingly causes to be presented a false claim for payment to an insurer transacting business in this State, to a health maintenance organization transacting business in this State, or to any person, including the State of South Carolina, providing benefits for health care in this State, whether these benefits are administered directly or through a third person, or who knowingly assists, solicits, or conspires with another to present a false claim for payment as described above, is guilty of a:

(1) felony if the amount of the claim is five 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 one thousand dollars but less than five thousand dollars. Upon conviction, the person must be fined in the discretion of the court or imprisoned not more than five years, or both.

(3) misdemeanor triable in magistrate's court if the amount of the claim is one thousand 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 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 five 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 one thousand dollars but less than five thousand dollars.

(3) misdemeanor triable in magistrate's court if the value of the crop is one thousand 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 123. 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 five 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 one thousand dollars but less than five thousand dollars.

(3) misdemeanor triable in magistrate's court except that when if the value of the tobacco plants does not exceed twenty is one thousand 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 124. 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 five 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 one thousand dollars but less than five thousand dollars.

(3) misdemeanor triable in magistrate's court if the sale amount of the commodities is one thousand 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 125. 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 five 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 one thousand dollars but less than five thousand dollars.

(3) misdemeanor triable in magistrate's court if the sale amount of the commodities is one thousand 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 126. 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 five 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 lumber or timber is more than one thousand dollars but less than five thousand dollars.

(3) misdemeanor triable in magistrate's court if the value of the lumber or timber is one thousand 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 127. 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 128. 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 129. 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 130. 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 131. 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 132. 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 133. 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 134. 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 135. 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 136. 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 137. 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 138. 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 139. 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 140. 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 141. 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 142. 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 143. 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 144. 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 145. 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 146. 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 147. 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 148. 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 149. 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 150. 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 151. 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 152. 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 153. 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 154. 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 155. 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 156. 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 157. 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 158. 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 159. 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 160. 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 161. 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 162. 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 163. 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 164. 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 165. 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 166. 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 section 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 167. 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 168. 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 169. 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 170. 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 171. 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 172. 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 173. 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 174. 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 175. 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 176. 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 177. 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 178. 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 179. Section 16-15-50 of the 1976 Code is amended to read:

"Section 16-15-50. Any A male person above over the age of sixteen years who shall by any means of deception and promise of marriage seduce any seduces an unmarried woman in this State shall upon conviction be is guilty of a misdemeanor and, upon conviction, shall must be fined or imprisoned, at the discretion of the court or imprisoned not more than one year. But no conviction shall be had There must not be a conviction under this section on the uncorroborated testimony of the woman upon whom the seduction is charged, and no conviction shall be had if on at trial it is proved that such the woman was at the time of the alleged offense lewd and unchaste. And if If the defendant in any action brought hereunder under this section shall contract contracts marriage with such the woman, either before or after the conviction, further proceedings hereunder shall be this section are stayed."

SECTION 180. 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 181. 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 182. 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 183. 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 184. 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 185. 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 186. 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 187. 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 188. 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 189. 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 190. 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 191. 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 192. 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 193. 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 194. 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 195. 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."