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S. 392
STATUS INFORMATION
General Bill
Sponsors: Senator Sheheen
Document Path: l:\council\bills\ms\7120ahb05.doc
Introduced in the Senate on February 2, 2005
Currently residing in the Senate Committee on Judiciary
Summary: Classification of third or subsequent property crime convictions
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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2/2/2005 Senate Introduced and read first time SJ-15
2/2/2005 Senate Referred to Committee on Judiciary SJ-15
2/10/2005 Senate Referred to Subcommittee: Hutto (ch), Jackson, Knotts,
Bryant
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 16-1-57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATION OF THIRD OR SUBSEQUENT CONVICTIONS OF CERTAIN PROPERTY CRIMES, SO AS TO EXCLUDE FROM THE PROVISIONS OF THE SECTION THE OFFENSE OF SHOPLIFTING WHEN THE VALUE OF THE SHOPLIFTED MERCHANDISE IS ONE THOUSAND DOLLARS OR LESS; TO AMEND SECTION 16-13-110, RELATING TO SHOPLIFTING, SO AS TO REVISE THE PENALTIES FOR SHOPLIFTING WHEN THE VALUE OF THE MERCHANDISE SHOPLIFTED IS ONE THOUSAND DOLLARS OR LESS AND TO PROVIDE THAT THESE OFFENSES MAY BE TRIED IN MAGISTRATES COURT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-1-57 of the 1976 Code is amended to read:
"Section 16-1-57. (A) 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, be punished as prescribed for a Class E felony.
(B) The provisions of this section do not apply to a shoplifting offense as provided in Section 16-13-110(B)(1)."
SECTION 2. 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 a store or other retail mercantile establishment with the intention of depriving the merchant of the possession, use, or benefit of 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 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 the merchandise;
(3) transfers any merchandise displayed, held, stored, or offered for sale by any a store or other retail mercantile establishment from the container in which it is displayed to any other another container with intent to deprive the merchant of the full retail value.
(B) A person who violates the provisions of this section is guilty of a:
(1) misdemeanor triable in magistrate's court and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days if the value of the shoplifted merchandise is one thousand dollars or less misdemeanor if the value of the shoplifted merchandise is one thousand dollars or less and, upon conviction, must be:
(a) fined not more than five hundred dollars or imprisoned not more than thirty days for a first offense;
(b) fined not more than seven hundred fifty dollars or imprisoned not more than sixty days for a second offense; or
(c) fined not more than one thousand dollars or imprisoned not more than ninety days for a third or subsequent offense;
(2) felony and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than five years, or both, if the value of the shoplifted merchandise is more than one thousand dollars but less than five thousand dollars; or
(3) felony and, upon conviction, must be imprisoned not more than ten years if the value of the shoplifted merchandise is five thousand dollars or more.
(C) Notwithstanding the provisions of Sections 22-3-540, 22-3-545, and 22-3-550 an offense punishable pursuant to subsection (B)(1) may be tried in magistrates court."
SECTION 3. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 4. This act takes effect upon approval by the Governor.
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