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TO AMEND SECTION 24-13-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL CARRYING OF A WEAPON BY AN INMATE, SO AS TO PROVIDE THAT A VIOLATION OF THIS PROVISION MAY BE ADJUDICATED BY A MAGISTRATE UNDER CERTAIN CIRCUMSTANCES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 24-13-440 of the 1976 Code, as last amended by Act 136 of 1997, is further amended to read:
"Section 24-13-440. (A) It is unlawful for an inmate of a state correctional facility, city or county jail, or public works of a county to carry on his person a dirk, slingshot, metal knuckles, razor, firearm, or any other deadly weapon, homemade or otherwise, which usually is used for the infliction of personal injury upon another person, or to wilfully conceal any a weapon within any a Department of Corrections facility or other place of confinement.
(B) A person violating this section is guilty of a felony and, upon conviction, must be imprisoned not more than ten years. A sentence imposed under this section must be served consecutively to any other sentence the inmate is serving.
(C) Notwithstanding another provision of law, a violation of this provision may be adjudicated by a magistrate if the solicitor:
(1) declines to prosecute the case; or
(2) recommends that the case be adjudicated by a magistrate."
SECTION 2. This act takes effect upon approval by the Governor.
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