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TO AMEND SECTION 16-9-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPPOSING OR RESISTING A LAW ENFORCEMENT OFFICER SERVING PROCESS AND ASSAULTING A LAW ENFORCEMENT OFFICER SERVING PROCESS, SO AS TO INCLUDE CRIMINAL AND CIVIL WRITS WITHIN THE PURVIEW OF THE STATUTE, TO APPLY THE PROVISIONS TO OTHER PERSONS AUTHORIZED TO SERVE PROCESS, AND TO CREATE A THREE-TIERED GRADUATED PENALTY SCHEME FOR THE OFFENSE OF INTERFERING OR RESISTING A LAW ENFORCEMENT OFFICER OR OTHER AUTHORIZED PERSON SERVING PROCESS AND FOR ASSAULTING A LAW ENFORCEMENT OFFICER OR OTHER AUTHORIZED PERSON SERVING PROCESS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-9-320 of the 1976 Code is amended to read:
"Section 16-9-320. (A) It is unlawful for a person knowingly and wilfully to oppose interfere or resist a law enforcement officer or other authorized person in serving, executing, or attempting to serve or execute a legal, criminal, or civil writ or process or to resist an arrest being made by one whom the person knows or reasonably should know is a law enforcement officer or other authorized person, whether under process or not. A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction, for a:
(1) first offense, must be fined not less than five hundred dollars nor more than one thousand dollars or imprisoned not more than one year, or both.;
(2) second offense, must be fined not less than one thousand dollars nor more than two thousand dollars or imprisoned not more than two years, or both; and
(3) third or subsequent offense, must be fined not less than three thousand dollars nor more than five thousand dollars or imprisoned not less than two years, or both.
(B) It is unlawful for a person to knowingly and wilfully assault, beat, or wound a law enforcement officer or other authorized person engaged in serving, executing, or attempting to serve or execute a legal, criminal, or civil writ or process or to assault, beat, or wound an officer or other authorized person when the person is resisting an arrest being made by one whom the person knows or reasonably should know is a law enforcement officer or other authorized person, whether under process or not. A person who violates the provisions of this subsection is guilty of a felony and, upon conviction, for a:
(1) first offense, must be fined not less than one thousand dollars nor more than ten thousand dollars or imprisoned not more than ten years, or both.;
(2) second offense, must be fined not less than two thousand dollars nor more than fifteen thousand dollars or imprisoned not more than fifteen years, or both; and
(3) third or subsequent offense, must be fined not less than five thousand dollars nor more than twenty thousand dollars or imprisoned not more than twenty years, or both."
SECTION 2. 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 3. This act takes effect upon approval by the Governor.
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