South Carolina General Assembly
117th Session, 2007-2008

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A72, R125, H3199

STATUS INFORMATION

General Bill
Sponsors: Reps. G.M. Smith, Hagood, Cotty and Weeks
Document Path: l:\council\bills\ms\7096ahb07.doc
Companion/Similar bill(s): 270

Introduced in the House on January 9, 2007
Introduced in the Senate on February 14, 2007
Last Amended on May 31, 2007
Passed by the General Assembly on May 31, 2007
Governor's Action: June 13, 2007, Signed

Summary: ATM Safety Act

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
    1/9/2007  House   Introduced and read first time HJ-100
    1/9/2007  House   Referred to Committee on Judiciary HJ-101
   1/11/2007  House   Member(s) request name added as sponsor: Cotty
    2/7/2007  House   Committee report: Favorable Judiciary HJ-3
    2/8/2007  House   Member(s) request name added as sponsor: Weeks
    2/8/2007  House   Amended HJ-32
    2/8/2007  House   Read second time HJ-34
   2/13/2007  House   Read third time and sent to Senate HJ-21
   2/14/2007  Senate  Introduced and read first time SJ-9
   2/14/2007  Senate  Referred to Committee on Judiciary SJ-9
   2/16/2007  Senate  Referred to Subcommittee: Hawkins (ch), Sheheen, Lourie, 
                        Vaughn
   3/28/2007  Senate  Committee report: Favorable with amendment Judiciary 
                        SJ-30
   3/29/2007  Senate  Amended SJ-30
   3/29/2007  Senate  Read second time SJ-30
    4/3/2007  Senate  Read third time and returned to House with amendments 
                        SJ-17
   4/11/2007  House   Senate amendment amended HJ-29
   4/11/2007  House   Returned to Senate with amendments HJ-29
   4/17/2007  Senate  Non-concurrence in House amendment SJ-23
   4/18/2007  House   House insists upon amendment and conference committee 
                        appointed Reps. GM Smith, Herbkersman, and Rutherford 
                        HJ-1
   4/18/2007  Senate  Conference committee appointed Hawkins, Sheheen, and 
                        Campsen SJ-12
   5/30/2007  Senate  Conference report adopted SJ-19
   5/31/2007  House   Conference report received and adopted HJ-21
   5/31/2007  Senate  Ordered enrolled for ratification
    6/7/2007          Ratified R 125
   6/13/2007          Signed By Governor
   6/18/2007          Copies available
   6/18/2007          Effective date 06/13/07
   6/18/2007          Act No. 72

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

1/9/2007
2/7/2007
2/8/2007
3/28/2007
3/29/2007
4/11/2007
5/31/2007


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A72, R125, H3199)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "ATM SAFETY ACT" BY AMENDING SECTION 16-11-380, RELATING TO ENTERING A BANK, DEPOSITORY, OR BUILDING AND LOAN ASSOCIATION WITH INTENT TO STEAL, SO AS TO INCLUDE AND CREATE VARIOUS ATM OFFENSES AND TO ESTABLISH PENALTIES FOR EACH OFFENSE; AND BY AMENDING SECTION 17-25-45, AS AMENDED, RELATING TO LIFE SENTENCES FOR CERTAIN MOST SERIOUS AND SERIOUS OFFENSES, SO AS TO ADD THE ATM OFFENSE TO THE LIST OF SERIOUS OFFENSES.

Be it enacted by the General Assembly of the State of South Carolina:

Citation

SECTION    1.    This act may be cited as the "ATM Safety Act".

Theft of person using an automated teller machine

SECTION    2.    Section 16-11-380 of the 1976 Code is amended to read:

"Section 16-11-380.    (A)    It is unlawful for a person to enter a building or part of a building occupied as a bank, depository, or building and loan association with intent to steal money, securities for money, or property, either by force, intimidation, or threats.

(B)    It is unlawful for a person to steal money, securities for money, or property, either by force, intimidation, or threats, from a person who is using or who has just finished using a bank night depository, an automated teller machine (ATM), or another automated banking device, as defined in Section 16-14-10, or in the vicinity of a bank depository, an ATM, or another automated banking device.

(C)    It is unlawful for a person to beg, panhandle, or solicit money from, or otherwise harass, a person using, who has just finished using, or who is in the vicinity of a bank night depository, an ATM, or another automated banking device.

(D)    A person who violates the provisions of:

(1)    subsection (A) is guilty of a felony and, upon conviction, must be imprisoned not more than thirty years;

(2)    subsection (B) is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than twenty years, or both; and

(3)    subsection (C) is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both.

(E)    A separate location code, premise code, or designation for a bank night depository, an ATM, or other automated banking device offense must be added to the South Carolina Incident Based Reporting System. Law enforcement personnel are required to use this location code, premise code, or designation when completing incident reports for all criminal activity occurring at or in the vicinity of a bank night depository, an ATM, or another automated banking device in accordance with the provisions of this section.

(F)    To the extent that this section applies to bank night depositories, ATMs, and other automated banking devices, it applies only to these devices which are not located in a building or structure and those to which banking customers have access when they are outside a building or structure. A building or structure does not include an enclosure erected solely for the purpose of containing an otherwise outdoor or detached ATM or automated banking device. However, the provisions of this section do apply to drive-through banking terminals.

(G)    As used in this section, 'vicinity' means within the sight of a reasonable person."

Three strikes, theft of person using an automated teller machine added

SECTION    3.    Section 17-25-45(C)(2)(b) of the 1976 Code is amended to read:

"(b)    those felonies enumerated as follows:

16-3-220                        Lynching, Second degree

16-3-810                        Engaging child for sexual performance

16-9-220                        Acceptance of bribes by officers

16-9-290                        Accepting bribes for purpose of procuring

public office

16-11-110(B)                Arson, Second degree

16-11-312(B)                Burglary, Second degree

16-11-380(B)                Theft of a person using an automated teller

machine

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

16-13-230(B)(3)            Breach of trust with fraudulent intent

16-13-240(1)                Obtaining signature or property by false

pretenses

38-55-540(3)                Insurance fraud

44-53-370(e)                Trafficking in controlled substances

44-53-375(C)                Trafficking in ice, crank, or crack cocaine

44-53-445(B)(1)&(2)    Distribute, sell, manufacture, or possess

with intent to distribute controlled

substances within proximity of school

56-5-2945                    Causing death by operating vehicle while

under influence of drugs or alcohol; and"

Savings clause

SECTION    4.    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.

Time effective

SECTION    5.    This act takes effect upon approval by the Governor.

Ratified the 8th day of June, 2007.

Approved the 13th day of June, 2007.

__________


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