Reference is to the bill as introduced.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 16-13-385 of the 1976 Code is amended to read:
"Section 16-13-385.
(A) It is unlawful for an unauthorized
person to alter, tamper with, or bypass a meter which has been
installed for the purpose of measuring the use of electricity,
gas, or water.
A meter found in a condition which would
cause electricity, gas, or water to be diverted from the
recording apparatus of the meter or to cause the meter to
inaccurately measure the use of electricity, gas, or water or
the attachment to a meter or distribution wire of any device,
mechanism, or wire which would permit the use of unmetered
electricity, gas, or water or would cause a meter to
inaccurately measure the use is prima facie evidence that the
person in whose name the meter was installed or the person for
whose benefit electricity, gas, or water was diverted caused the
electricity, gas, or water to be diverted from going through the
meter or the meter to inaccurately measure the use of the
electricity, gas, or water.
(B) A person who
violates the provisions of this section for a:
(1)
first offense, is guilty of a misdemeanor
and, upon conviction, must be fined not more than five hundred
dollars or imprisoned not more than thirty days. For
a;
(2)
second or subsequent offense,
the person is guilty of a misdemeanor and, upon
conviction, must be fined not more than ten thousand dollars or
imprisoned not more than three years, or both; and
(3)
third or subsequent offense, is guilty of a
felony and, upon conviction, must be fined not more than fifteen
thousand dollars or imprisoned not more than five years, or
both.
(C) A
person who violates the provisions of this section for profit or
income on behalf of a person in whose name the meter was
installed or a person for whose benefit electricity, gas, or
water was diverted for a:
(1)
first offense, is guilty of a misdemeanor and,
upon conviction, must be fined not more than one thousand
dollars or imprisoned for not more than one year, or both;
(2)
second offense, is guilty of misdemeanor and,
upon conviction, must be fined not more than three thousand
dollars or imprisoned for not more than three years or both; and
(3)
third or subsequent offense, is guilty of a
felony and, upon conviction, must be fined not more than five
thousand dollars or imprisoned for not more than five years, or
both.
(D) A
person who violates the provisions of this section and the
violation results in significant property damage or public
endangerment for a:
(1)
first offense, is guilty of a misdemeanor and,
upon conviction, must be fined not more than one thousand
dollars or imprisoned for not more than one year, or both;
(2)
second offense, is guilty of misdemeanor and,
upon conviction, must be fined not more than three thousand
dollars or imprisoned for not more than three years or both; and
(3)
third or subsequent offense, is guilty of a
felony and, upon conviction, must be fined not more than five
thousand dollars or imprisoned for not more than five years, or
both.
(E) A
person who violates the provisions of this section and the
violation results in:
(1)
great bodily injury to another person is guilty
of a felony and, upon conviction, must be fined not more than
fifteen thousand dollars or imprisoned not more than fifteen
years, or both. For purposes of this item, 'great bodily
injury' means bodily injury which creates a substantial risk of
death or which causes serious, permanent disfigurement, or
protracted loss or impairment of the function of any bodily
member or organ; and
(2)
the death of another person is guilty of a
felony and, upon conviction, must be imprisoned not more than
thirty years.
(F) This
section does not apply to licensed and certified contractors
while performing usual and ordinary service in accordance with
recognized standards.
(G) A
person who violates the provisions of this section for the
purpose of growing or manufacturing controlled substances
listed, or to be listed, in the schedules in Sections 44-53-190,
44-53-210, 44-53-230, 44-53-250, and 44-53-270 is guilty of a
felony and, upon conviction, must be fined not more than fifteen
thousand dollars or imprisoned for not more than ten years, or
both."
SECTION 2. Section 58-7-60 of the 1976 Code is amended to read:
"Section 58-7-60.
(A) Any It
is unlawful for a person who has no contract, agreement,
license or permission with or from any a
person or corporation authorized to manufacture, sell or use gas
for the purpose of light, heat, or power or with or from
any an authorized agent of
such a person or corporation for the use
of gas belonging to, or produced or furnished by, any
such a person or corporation who shall wilfully
withdraw or cause to be withdrawn in any manner and appropriate
such gas from the pipes or conduits of
any such a person or corporation for his
own use or for the use of any other
another person or corporation shall be guilty of
a misdemeanor and, upon conviction thereof, shall be punished by
a fine of not exceeding one hundred dollars or by imprisonment
not exceeding thirty days, or by both such fine and
imprisonment.
(B) A person
who violates the provisions of this section for a:
(1)
first offense, is guilty of a misdemeanor and,
upon conviction, must be fined not more than five hundred
dollars or imprisoned not more than thirty days;
(2)
second offense, is guilty of a misdemeanor and,
upon conviction, must be fined not more than ten thousand
dollars or imprisoned not more than three years, or both;
and
(3)
third or subsequent offense, is guilty of a
felony and, upon conviction, must be fined not more than fifteen
thousand dollars or imprisoned not more than five years, or
both.
(C) A
person who violates the provisions of this section and the
violation results in significant property damage or public
endangerment for a:
(1)
first offense, is guilty of a misdemeanor and,
upon conviction, must be fined not more than one thousand
dollars or imprisoned for not more than one year, or both;
(2)
second offense, is guilty of misdemeanor and,
upon conviction, must be fined not more than three thousand
dollars or imprisoned for not more than three years or both; and
(3)
third or subsequent offense, is guilty of a
felony and, upon conviction, must be fined not more than five
thousand dollars or imprisoned for not more than five years, or
both.
(D) A
person who violates the provisions of this section and the
violation results in:
(1)
great bodily injury to another person is guilty
of a felony and, upon conviction, must be fined not more than
fifteen thousand dollars or imprisoned not more than fifteen
years, or both. For purposes of this item, 'great bodily
injury' means bodily injury which creates a substantial risk of
death or which causes serious, permanent disfigurement, or
protracted loss or impairment of the function of any bodily
member or organ; and
(2)
the death of another person is guilty of a
felony and, upon conviction, must be imprisoned not more than
thirty years.
(E)
Any Notwithstanding the provisions of
this section, a person who shall aid, abet or assist
such other aids, abets, or assists another
person in such withdrawing and appropriating of
such gas from such pipes or
conduits to or for the use of such other
another person or to or for the use of any
other another person or corporation
shall be guilty of a misdemeanor and shall, upon
conviction, be punished in like manner for a:
(1)
first offense, is guilty of a misdemeanor and,
upon conviction, must be fined not more than one thousand
dollars or imprisoned for not more than one year, or both;
(2)
second offense, is guilty of a misdemeanor and,
upon conviction, must be fined not more than three thousand
dollars or imprisoned for not more than three years, or both;
and
(3)
third or subsequent offense, is guilty of a
felony and, upon conviction, must be fined not more than five
thousand dollars or imprisoned for not more than five years, or
both.
(F) This
section does not apply to licensed and certified contractors
while performing usual and ordinary service in accordance with
recognized standards."
SECTION 3. Section 58-7-70 of the 1976 Code is amended to read:
"Section 58-7-70.
(A) Any It
is unlawful for a person who has a contract, agreement,
license or permission, oral or written, with or from
any a person or corporation authorized
to manufacture, sell or use gas for the purpose of light,
heat, or power or with or from any
an authorized agent of any such a
person or corporation for the use of the gas belonging to, or
produced or furnished by, any such a
person or corporation for certain specified purposes who shall
wilfully and intentionally withdraw, or cause to be
withdrawn, any such gas in any manner
and appropriate it to his own use or to the use of any
other another person or corporation for purposes
other than those specified shall be guilty of a
misdemeanor and, upon conviction thereof, shall be punished as
provided in Section 58-7-60.
(B) And
any such It is unlawful for a person to whom
such gas is furnished from or by means of a
meter who shall wilfully and with intention to cheat and defraud
any such a person or corporation alter
or interfere with such a meter or by any
contrivance whatsoever withdraw or take off gas in any manner
except through such a meter
shall be guilty of a misdemeanor and be punished as
provided in Section 58-7-60.
(C) A person
who violates the provisions of this section for profit or income
on behalf of a person in whose name the meter was installed or a
person for whose benefit electricity, gas, or water was diverted
for a:
(1)
first offense, is guilty of a misdemeanor and,
upon conviction, must be fined not more than one thousand
dollars or imprisoned for not more than one year, or both;
(2)
second offense, is guilty of misdemeanor and,
upon conviction, must be fined not more than three thousand
dollars or imprisoned for not more than three years or both; and
(3)
third or subsequent offense, is guilty of a
felony and, upon conviction, must be fined not more than five
thousand dollars or imprisoned for not more than five years, or
both.
(D) A
person who violates the provisions of this section and the
violation results in significant property damage or public
endangerment for a:
(1)
first offense, is guilty of a misdemeanor and,
upon conviction, must be fined not more than one thousand
dollars or imprisoned for not more than one year, or both;
(2)
second offense, is guilty of misdemeanor and,
upon conviction, must be fined not more than three thousand
dollars or imprisoned for not more than three years or both; and
(3)
third or subsequent offense, is guilty of a
felony and, upon conviction, must be fined not more than five
thousand dollars or imprisoned for not more than five years, or
both.
(E) A
person who violates the provisions of this section and the
violation results in significant property damage or public
endangerment is guilty of a felony and, upon conviction, must be
fined not more than fifteen thousand dollars or imprisoned not
more than ten years, or both.
(F) A
person who violates the provisions of this section and the
violation results in:
(1)
great bodily injury to another person is guilty
of a felony and, upon conviction, must be fined not more than
fifteen thousand dollars or imprisoned not more than fifteen
years, or both. For purposes of this item, 'great bodily
injury' means bodily injury which creates a substantial risk of
death or which causes serious, permanent disfigurement, or
protracted loss or impairment of the function of any bodily
member or organ; and
(2)
the death of another person is guilty of a
felony and, upon conviction, must be imprisoned not more than
thirty years.
(G) This
section does not apply to licensed and certified contractors
while performing usual and ordinary service in accordance with
recognized standards."
SECTION 4. 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 5. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.