South Carolina General Assembly
117th Session, 2007-2008

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Bill 966


Indicates Matter Stricken
Indicates New Matter


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

A BILL

TO AMEND SECTION 16-17-680 OF THE 1976 CODE, RELATING TO UNLAWFUL PURCHASE OF COPPER, TO PROVIDE THAT THE PURCHASER OF CERTAIN METALS FROM A PERSON WHO IS NOT AN AUTHORIZED RETAILER OR WHOLESALER MUST PAY BY CHECK OR MONEY ORDER, AND OBTAIN THE SELLER'S IDENTIFICATION NUMBER AND LICENSE PLATE, AND MAINTAIN THE RECORD FOR FIVE YEARS; AND TO AMEND CHAPTER 11, TITLE 16, BY ADDING SECTION 16-11-523, TO PROVIDE THAT IT IS UNLAWFUL TO WILFULLY AND MALICIOUSLY CUT, MUTILATE, OR DEFACE REAL PROPERTY FOR THE PURPOSE OF OBTAINING CERTAIN METALS, AND TO PROVIDE PENALTIES, AND TO PROVIDE CIVIL LIABILITY FOR THE VICITIMS OF THE ATTEMPTED THEFT OF CERTAIN METALS.

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

SECTION    1.        Section 16-17-680(A) of the 1976 Code, as last amended by Act 97 of 2007, is amended to read:

"Section 16-17-680.    (A)(1)    It is unlawful to purchase copper wire, copper pipe, copper bars, copper sheeting, aluminum, a product that is a mixture of aluminum and copper, or stainless steel beer kegs or containers in any amount from a person who is not a holder of a retail license or an authorized wholesaler or unless the purchaser obtains and can verify the name and address of the seller. A purchaser of copper wire, copper pipe, copper bars, copper sheeting, aluminum, a product that is a mixture of aluminum and copper, or stainless steel beer kegs or containers shall maintain a record containing the date of purchase, name and address of seller, the seller's identification number and the source of identification, the license plate number of the seller's motor vehicle if present, the seller's fingerprints, weight or length, and size or other description of copper wire, copper pipe, copper bars, copper sheeting, aluminum, a product that is a mixture of aluminum and copper, or stainless steel beer kegs or containers purchased and amount paid for it. Records must be maintained and kept open for inspection by law enforcement officials or local and state governmental agencies during regular business hours. The records must be maintained for twelve months five years from the date of purchase. The provisions of this subsection do not apply to the purchase or sale of aluminum cans.

(2)    A purchaser of copper wire, copper pipe, copper bars, copper sheeting, aluminum, or a product that is a mixture of aluminum and copper, or stainless steel beer kegs or containers in any amount, from a person who is not a holder of a retail license or an authorized wholesaler must pay by mailing a check or money order to the seller's address as listed on the seller's identification."

SECTION    2.    Chapter 11, Title 16 of the 1976 Code is amended by adding:

"Section 16-11-523.    (A)    It is unlawful for a person to wilfully and maliciously cut, mutilate, deface, or otherwise injure any real property for the purpose of obtaining copper wire, copper pipe, copper bars, copper sheeting, aluminum, or a product that is a mixture of aluminum and copper, or stainless steel beer kegs or containers in any amount.

(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 direct injury to the property caused by the malicious act, the amount of loss in value to the property caused by the act, the amount of repairs necessary to return the property to its condition before the act, or the property loss is more than 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 direct injury to the property caused by the malicious act, the amount of loss in value to the property caused by the act, the amount of repairs necessary to return the property to its condition before the act, or the property loss is more than one thousand dollars but less than five thousand dollars;

(3)    misdemeanor and, upon conviction, must not be fined more than three thousand dollars or imprisoned not more than three years, or both, if the direct injury to the property caused by the malicious act, the amount of loss in value to the property caused by the act, the amount of repairs necessary to return the property to its condition before the act, or the property loss is one thousand dollars or less.

(C)(1)    A public or private landowner or the possessor of land is not civilly liable for a person who is injured during the theft or attempted theft, by the person or a third party, of copper wire, copper pipe, copper bars, copper sheeting, aluminum, or a product that is a mixture of aluminum and copper, or stainless steel beer kegs or containers in any amount.

(2)    A public or private landowner or the possessor of land is not civilly liable for a person's injuries caused by a dangerous condition created as a result of the theft or attempted theft of copper wire, copper pipe, copper bars, copper sheeting, aluminum, or a product that is a mixture of aluminum and copper, or stainless steel beer kegs or containers in any amount, of the landowner or the possessor when the landowner or possessor did not know and could not have reasonably known of the dangerous condition.

(3)    This subsection does not create or impose a duty of care upon a landowner or possessor of land that would not otherwise exist under common law."

SECTION    3.    This act takes effect upon approval by the Governor.

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