View Amendment Current Amendment: JUD0274.004.DOCX to Bill 274     The Committee on Judiciary proposed the following amendment (JUD0274.004):

Amend the bill, as and if amended, by deleting on page 2, lines 7-24 and inserting:

    /     (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)     for a 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 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.
    (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 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.     /

Amend the bill further, as and if amended, by striking subsection (F), lines 36-38 on page 2 and inserting:

    /     (F)     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.
    (G)     This section does not apply to licensed and certified contractors while performing usual and ordinary service in accordance with recognized standards."     /

Amend the bill further, as and if amended, by striking on page 3 lines 24-28 and inserting:

        /     (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 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.         /

Amend the bill further, as and if amended, by striking Section 58-7-60(E), on page 3 beginning on line 40 and inserting:

        /     (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 is guilty of:
        (1)     a misdemeanor, for the first offense, and shall, upon conviction, must be punished in like manner fined not more than one thousand dollars or imprisoned not more than one year, or both;
        (2)     for a second offense, 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)     for a third or subsequent offense, a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than five years, or both.     /

Amend the bill further, as and if amended, by striking in Section 58-7-70, on page 4 lines 33-43, and on page 5, lines 1-6 and inserting:

        /     (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 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.
    (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 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.         /

    Renumber sections to conform.
    Amend title to conform.