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COMMITTEE REPORT
April 22, 2009
S. 593
S. Printed 4/22/09--S.
Read the first time March 18, 2009.
To whom was referred a Bill (S. 593) to amend Section 16-23-430 of the 1976 Code, relating to the carrying of weapons on school property, to provide that this section does not apply to a, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 16-23-430 of the 1976 Code is amended to read:
"(1)(A) It shall be unlawful for any person, except State, county, or municipal law-enforcement officers or personnel authorized by school officials, to carry on his person, while on any elementary or secondary school property, a knife, with a blade over two inches long, a blackjack, a metal pipe or pole, firearms, or any other type of weapon, device, or object which may be used to inflict bodily injury or death.
(B) This section does not apply to a person who is authorized to carry a concealed weapon pursuant to Article 4, Chapter 31, Title 23 when the weapon remains inside an attended or locked motor vehicle and is possessed in compliance with Section 16-23-20(9) or Section 16-23-20(12).
(2)(C) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than five years, or both. Any weapon or object used in violation of this section may be confiscated by the law enforcement division making the arrest."
SECTION 2. Section 16-23-430(A) of the 1976 Code is amended to read:
"(A) It is unlawful for a person to possess a firearm of any kind on any premises or property owned, operated, or controlled by a private or public school, college, university, technical college, other post-secondary institution, or in any publicly-owned building, without the express permission of the authorities in charge of the premises or property. The provisions of this subsection related to any premises or property owned, operated, or controlled by a private or public school, college, university, technical college, or other post-secondary institution, do not apply to a person who is authorized to carry a concealed weapon pursuant to Article 4, Chapter 31, Title 23 when the weapon remains inside an attended or locked motor vehicle and is possessed in compliance with Section 16-23-20(9) and Section 16-23-20(12)."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Majority favorable. Minority unfavorable.
JOHN M. KNOTTS, JR. C. BRADLEY HUTTO
For Majority. For Minority.
EXPLANATION OF IMPACT:
The State Department of Education (SDE) and the State Law Enforcement Division (SLED) each indicate this bill will have either no impact or a minimal fiscal impact which can be absorbed within existing agency resources.
Approved By:
Harry Bell
Office of State Budget
TO AMEND SECTION 16-23-430 OF THE 1976 CODE, RELATING TO THE CARRYING OF WEAPONS ON SCHOOL PROPERTY, TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO A PERSON WHO IS AUTHORIZED TO CARRY A CONCEALED WEAPON WHEN THE WEAPON IS INSIDE A MOTOR VEHICLE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-23-430 of the 1976 Code is amended by adding an appropriately numbered subsection at the end to read:
"( ) This section does not apply to a person who is authorized to carry a concealed weapon pursuant to Article 4, Chapter 31, Title 23 when the weapon remains inside an attended or locked motor vehicle and is possessed in compliance with Section 16-23-20(9) or Section 16-23-20(12)."
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on April 22, 2009 at 6:55 PM