A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 16-3-1700, RELATING TO DEFINITIONS REGARDING HARASSMENT AND STALKING OFFENSEs, SO AS TO REVISE THE DEFINiTION OF "PATTERN" TO INCLUDE INCIDENCES IN WHICH ONE ACT IS COMMITTED AGAINST ONE VICTIM AND ANOTHER ACT IS COMMITTED AGAINST ANOTHER VICTIM EQUALING TWO ACTS SIMILAR IN NATURE; and BY AMENDING SECTION 16-3-1710, RELATING TO PENALTIES FOR CONVICTIONS OF HARASSMENT IN THE SECOND DEGREE, BY AMENDING SECTION 16-3-1720, RELATING TO PENALTIES FOR CONVICTIONs OF HARASSMENT IN THE FIRST DEGREE; AND BY AMENDING SECTION 16-3-1730, RELATING TO PENALTIES FOR CONVICTIONs OF STALKING, all so AS TO REMOVE THE TEn-YEAR RESTRICTION FOR PRIOR OFFENSES AND PROVIDE THAT PROVISIONS REGARDING RESTRAINING ORDERS APPLY NO MATTER THE VICTIM.

 

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

 

SECTION 1.  Section 16-3-1700(D) of the S.C. Code is amended to read:

 

    (D) "Pattern" means two or more acts occurring over a period of time, however short, evidencing a continuity of purpose and includes incidences in which one act is committed against one victim and another act is committed against another victim equaling two acts similar in nature punishable as provided in this article.

 

SECTION 2.  Section 16-3-1710(B) of the S.C. Code is amended to read:

 

    (B) A person convicted of harassment in the second degree is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars, imprisoned not more than one year, or both if:

       (1) the person has a prior conviction of harassment or stalking within the preceding ten years; or

       (2) at the time of the harassment an injunction or restraining order, including a restraining order issued by the family court, was in effect prohibiting the harassment, whether or not the injunction or restraining order involved the same victim.

 

SECTION 3.  Section 16-3-1720 (B) and (C) of the S.C. Code is amended to read:

 

    (B) A person who engages in harassment in the first degree when an injunction or restraining order, including a restraining order issued by the family court, is in effect prohibiting this conduct, whether or not the injunction or restraining order involved the same victim, is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars, imprisoned not more than three years, or both.

    (C) A person who engages in harassment in the first degree and who has a prior conviction of harassment or stalking within the preceding ten years is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars, imprisoned not more than five years, or both.

 

SECTION 4.  Section 16-3-1730 (B) and (C) of the S.C. Code is amended to read:

 

    (B) A person who engages in stalking when an injunction or restraining order, including a restraining order issued by the family court, is in effect prohibiting this conduct, whether or not the injunction or restraining order involved the same victim, is guilty of a felony and, upon conviction, must be fined not more than seven thousand dollars, imprisoned not more than ten years, or both.

    (C) A person who engages in stalking and who has a prior conviction of harassment or stalking within the preceding ten years is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars, imprisoned not more than fifteen years, or both.

 

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

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