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Indicates Matter Stricken
Indicates New Matter
S. 1093
STATUS INFORMATION
General Bill
Sponsors: Senators Fair, Campbell, Young, Turner, Williams, Massey, Shealy and Thurmond
Document Path: l:\council\bills\dka\3157cm14.docx
Introduced in the Senate on March 11, 2014
Introduced in the House on April 29, 2014
Last Amended on April 16, 2014
Currently residing in the House Committee on Judiciary
Summary: Magistrate court jurisdiction
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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3/11/2014 Senate Introduced and read first time (Senate Journal-page 4)
3/11/2014 Senate Referred to Committee on Corrections and Penology
(Senate Journal-page 4)
3/25/2014 Senate Polled out of committee Corrections and Penology
(Senate Journal-page 9)
3/25/2014 Senate Committee report: Favorable Corrections and Penology
(Senate Journal-page 9)
3/26/2014 Scrivener's error corrected
4/15/2014 Senate Read second time (Senate Journal-page 33)
4/16/2014 Senate Amended (Senate Journal-page 48)
4/16/2014 Senate Read third time and sent to House
(Senate Journal-page 48)
4/16/2014 Senate Roll call Ayes-39 Nays-0 (Senate Journal-page 48)
4/17/2014 Scrivener's error corrected
4/29/2014 House Introduced and read first time (House Journal-page 23)
4/29/2014 House Referred to Committee on Judiciary
(House Journal-page 23)
View the latest legislative information at the website
VERSIONS OF THIS BILL
3/11/2014
3/25/2014
3/26/2014
4/16/2014
4/17/2014
Indicates Matter Stricken
Indicates New Matter
AS PASSED BY THE SENATE
April 16, 2014
S. 1093
Introduced by Senators Fair, Campbell, Young, Turner, Williams, Massey, Shealy and Thurmond
S. Printed 4/16/14--S. [SEC 4/17/14 3:49 PM]
Read the first time March 11, 2014.
TO AMEND SECTION 24-3-965, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXCLUSIVE JURISDICTION OF THE MAGISTRATES COURT TO TRY CASES INVOLVING THE OFFENSE OF FURNISHING TO AN INMATE AND THE POSSESSION BY AN INMATE OF CERTAIN CONTRABAND, SO AS TO PROVIDE THAT CONTRABAND COVERED BY THIS SECTION DOES NOT INCLUDE TELECOMMUNICATION DEVICES, AND TO DEFINE THE TERM "TELECOMMUNICATION DEVICE".
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 9, Chapter 3, Title 24 of the 1976 Code is amended by adding:
"Section 24-3-975. (A) Except as authorized by the responsible official in charge of the correctional institution, it is unlawful to possess within or to introduce into or upon the grounds of any state correctional institution, county jail, municipal jail, regional detention facility, prison camp, work camp, or overnight lockup facility, any portable or nonportable telecommunication device.
(B) For purposes of this section, 'telecommunication device' is defined as a device, an apparatus associated with a device, or a component of a device that enables, or may be used to enable, communication with a person inside or outside of a place of incarceration. Such devices include, but are not limited to, portable two-way pagers, handheld radios, cellular telephones, Blackberry-type devices, personal digital assistants or PDA's, laptop computers, or any components of these devices. 'Telecommunication device' also includes any new technology that is developed or used for similar purposes.
(C) A person who violates the provisions of this section:
(1) for a first offense, when the number of telecommunication devices seized is less than three, is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than thirty days, or both;
(2) for a second offense, regardless of the number of telecommunication devices seized, or a first offense when the number of telecommunication devices seized is more than two, is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not less than six months, or both; and
(3) for a third or subsequent offense, regardless of the number of telecommunication devices seized, is guilty of a felony and, upon conviction, must be fined not more than two thousand dollars or imprisoned for not more than one year, or both.
(D) Notwithstanding another provision of law, a person charged with a violation of subsection (C)(1) or (2) must be tried exclusively in magistrates court while a person charged with a violation of subsection (C)(3) must be tried exclusively in circuit court."
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on April 30, 2014 at 10:14 AM