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"(3) A victim has the right to receive restitution for expenses or property loss incurred as the result of the crime. The judge shall order restitution at every sentencing for a crime against person or property or as a condition of probation or parole, unless the court finds a substantial and compelling reason not to order restitution. The court shall diligently, fairly, and in a timely manner enforce all orders of restitution."

SECTION 16. Section 16-3-1550(B) of the 1976 Code, as last amended by Act 579 of 1988, is further amended to read:

"(B) It is the responsibility of the solicitor's Victim or Witness Assistance Unit in each judicial circuit or a representative designated by the solicitor or law enforcement agency handling the case to advise all victims of their right to submit to the court, orally or in writing at the victim's option, a victim impact statement to be considered by the judge at the sentencing or disposition hearing in general sessions court and at a parole hearing. The solicitor's office or law enforcement agency shall provide a copy of the written form to any victim who wishes to make a written report. In those cases which the solicitor determines that there has been extensive or significant impact on the life of the victim, the Victim or Witness Assistance Unit shall assist the victim in completing the form. The victim shall submit this statement to the solicitor's office within appropriate time limits set by the solicitor to be filed in the court records by the solicitor's office so it may be available to the defense for a reasonable period of time prior to before sentencing. The court shall allow the defendant to have the opportunity to rebut the victim's written statement if the court decides to review any part of the statement before sentencing. If the defendant is incarcerated, the solicitor shall forward a copy of the impact statement and copies of all completed Victim/Witness Notification Requests to the Department of Corrections and to the Parole and Community Corrections Board Department of Probation, Pardon Services, and Community Supervision. Solicitors shall begin using these victim impact statements no later than January 1, 1985."

SECTION 17. Section 16-11-311 of the 1976 Code is amended to read:

"Section 16-11-311. (A) A person is guilty of burglary in the first degree if the person enters a dwelling without consent and with intent to commit a crime therein in the dwelling, and either:

(a) is armed with a deadly weapon or explosive; or

(b) causes physical injury to any a person who is not a participant in the crime; or

(c) uses or threatens the use of a dangerous instrument; or

(d) displays what is or appears to be a knife, pistol, revolver, rifle, shotgun, machine gun, or other firearm; or

(2) the burglary is committed by a person with a prior record of two or more convictions for burglary or housebreaking or a combination of both; or

(3) the entering or remaining occurs in the nighttime.

(B) Burglary in the first degree is a felony punishable by life imprisonment; provided, that the. The court, in its discretion, may sentence the defendant to a term of not less than fifteen years, provided, that no person convicted of burglary in the first degree shall be eligible for parole except upon service of not less than one-third of the term of the sentence."

SECTION 18. Section 16-11-330 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:

"Section 16-11-330. (A) A person convicted for the crime of robbery while armed with a pistol, dirk, slingshot, metal knuckles, razor, or other deadly weapon or who alleged he was armed, either by actions or words, while using a representation of a deadly weapon or an object which a person may reasonably believe to be a deadly weapon is guilty of a felony and, upon conviction, must be imprisoned:

(1) for a mandatory minimum term of ten years and not more than thirty years, no part of which may be suspended. A person convicted under the provisions of this subsection is not eligible for parole until he has served at least seven years of his sentence.

(1)(2) A person under the age of twenty-one sentenced under the provisions of Chapter 19 of Title 24 (the Youthful Offenders Act) convicted of armed robbery shall receive and serve a for a mandatory minimum sentence of at least three years, no part of which may be suspended if the person is under the age of twenty-one and sentenced under the provisions of Chapter 19 of Title 24 (the Youthful Offenders Act). The person is not eligible for parole or probation until he has served a three year minimum sentence. (2) A person between the ages of twenty-one and twenty-five, who is convicted of armed robbery, may not be sentenced under the provisions of Chapter 19 of Title 24 (the Youthful Offenders Act).

SECTION 19. Section 16-11-340 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 16-11-340. The South Carolina Department of Revenue and Taxation, with funds already appropriated to the department, shall print and distribute to each business establishment in this State, to which has been issued a retail sales tax license, a cardboard placard not less than eight inches by eleven inches which shall bear bears the following inscription in letters not less than three-fourths inch high:

`BY ACT OF THE SOUTH CAROLINA GENERAL ASSEMBLY ANY A PERSON CONVICTED OF ARMED ROBBERY SHALL SERVE A SENTENCE OF NO LESS THAN SEVEN TEN YEARS AT HARD LABOR WITHOUT PAROLE.'

Such The placard shall must be prominently displayed in all retail establishments to which they are issued."

SECTION 20. Section 16-13-110(B) of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:

"(B) A person who violates the provisions of this section is guilty of a:

(1) (a) misdemeanor triable in magistrate's court and, upon conviction for a first offense, must be fined not more than five hundred dollars or imprisoned not more than thirty days six months if the value of the shoplifted merchandise is one thousand dollars or less.;

(b) misdemeanor triable in magistrate's court and, upon conviction for a second offense, must be imprisoned not more than one year if the value of the shoplifted merchandise is one thousand dollars or less;

(c) misdemeanor triable in magistrate's court and, upon conviction for a third offense, must be imprisoned not more than three years if the value of the shoplifted merchandise is less than one thousand dollars.
(2) felony and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than five years, or both, if the value of the shoplifted merchandise is more than one thousand dollars but less than five thousand dollars.

(3) felony and, upon conviction, must be imprisoned not more than ten years if the value of the shoplifted merchandise is five thousand dollars or more."

"Section 16-13-210. It is unlawful for an officer or other person charged with the safekeeping, transfer, and disbursement of public funds to embezzle these funds. A person who violates the provisions of this section is guilty of a:

(1) felony and, upon conviction, must be fined, in the discretion of the court, to be proportioned to the amount of the embezzlement, and imprisoned not more than ten years if the amount of the embezzled funds is five thousand dollars or more;

(2) felony and, upon conviction, must be fined, in the discretion of the court, to be proportioned to the amount of embezzlement, and imprisoned not more than five years if the amount of the embezzled funds is more than one thousand dollars but less than five thousand dollars;

(3) misdemeanor triable in magistrate's court if the amount of the embezzled funds is one thousand dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury.

The person convicted of a felony is disqualified from holding any office of honor or emolument in this State; but the General Assembly, by a two-thirds vote, may remove this disability upon payment in full of the principal and interest of the sum embezzled."

SECTION 22. Section 16-13-425 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:

"Section 16-13-425. A person having a video or cassette tape in his possession or under his control by virtue of a lease or rental agreement, who wilfully and fraudulently fails to return the video or cassette tape within seventy-two hours after the lease or rental agreement has expired, or who fraudulently secretes or appropriates this property to any use or purpose not within the due and lawful execution of his lease or rental agreement is guilty of:

(1) petit larceny if the dollar amount of the video or cassette tape lease or rental agreement is one thousand dollars or less. Upon conviction, the person must be fined or imprisoned as provided for petit larceny;

(2) grand larceny and, upon conviction, must be fined in the discretion of the court or imprisoned not less more than five years, or both, if the dollar amount of the video or cassette tape lease or rental agreement is more than one thousand dollars but less than five thousand dollars;

(3) grand larceny and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the original

SECTION 23. Section 16-14-20 of the 1976 Code is amended to read:

"Section 16-14-20. (a)A person is guilty of financial transaction card theft when he:

(1) He takes, obtains, or withholds a financial transaction card from the person, possession, custody, or control of another without the cardholder's consent and with the intent to use it; or who, with knowledge that it has been so taken, obtained, or withheld, receives the financial transaction card with intent to use it, or to sell it, or to transfer it to a person other than the issuer or the cardholder;

(2) He receives a financial transaction card that he knows to have been lost, mislaid, or delivered under a mistake as to the identity or address of the cardholder, and who retains possession with intent to use it, or to sell it, or to transfer it to a person other than the issuer or the cardholder;

(3) He, is not being the issuer, and sells a financial transaction card or buys a financial transaction card from a person other than the issuer;

(4) He, is not being the issuer, and during any twelve-month period, receives financial transaction cards issued in the names of two or more persons which he has reason to know were taken or retained under circumstances which constitute a violation of item (3) of this section and Section 16-14-60(a)(3) and subdivision (3) of subsection (a) of this section.

(b) Taking, obtaining or withholding a financial transaction card without consent is included in conduct defined as grand larceny.

Conviction of A person who commits financial transaction card theft is punishable as provided in Section 16-14-100(b) guilty of a felony and, upon conviction, must be sentenced as provided in Section 16-14-100(b)."

SECTION 24. Section 16-14-40(e) of the 1976 Code, as added by Act 184 of 1993, is amended to read:

"(e) A person who violates the provisions of this section is guilty of a misdemeanor felony and, upon conviction, must be fined not less than three thousand dollars nor more than five thousand dollars or imprisoned not more than three five years, or both."

SECTION 25. Section 16-14-60 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:

"Section 16-14-60. (a) A person is guilty of financial transaction card fraud when, with intent to defraud the issuer, a person or organization providing money, goods, services, or anything else of value, or any other person, he:

(1) uses for the purpose of obtaining money, goods, services, or anything else of value a financial transaction card obtained or retained, or

(2) obtains money, goods, services, or anything else of value by:

a. representing without the consent of the specified cardholder that he has permission to use it;

b. presenting the financial transaction card without the authorization or permission of the cardholder;

c. representing that he is the holder of a card and the card has not in fact been issued;

d. using a financial transaction card to knowingly and wilfully exceed:

(i) the actual balance of a demand deposit account or time deposit account;

(ii) an authorized credit line in an amount which exceeds the authorized credit line by five hundred dollars or fifty percent of the authorized credit line, whichever is greater, if the cardholder has not paid to the issuer of the financial transaction card the total amount of the excess over the authorized credit line within ten days after notice to the cardholder by certified mail to the last known address that the credit line has been exceeded. Failure to pay the amount in excess of the authorized credit line after the notice, is prima facie evidence of an intent to defraud;

(3) obtains control over a financial transaction card as security for debt;

(4) deposits into his account or any account, by means of an automated banking device, a false, fictitious, forged, altered, or counterfeit check, draft, money order, or any other document not his lawful or legal property;

(5) receives money, goods, services, or anything else of value as a result of a false, fictitious, forged, altered, or counterfeit check, draft, money order, or any other document having been deposited into an account by means of an automated banking device, knowing at the time of receipt of the money, goods, services, or item of value that the document deposited was false, fictitious, forged, altered, or counterfeit or that the above deposited item was not his lawful or legal property.

A person who violates the provisions of this subsection except subsection (a)(2)d. is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both, if the value of all money, goods, services, and other things of value furnished in violation of this section or if the difference

A person who violates the provisions of subsection (a)(2)d. is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both.

(b) A person who is authorized by an issuer to furnish money, goods, services, or anything else of value upon presentation of a financial transaction card by the cardholder, or any agent or employee of such person is guilty of a financial transaction card fraud when, with intent to defraud the issuer or the cardholder, he:

(1) furnishes money, goods, services, or anything else of value upon presentation of a financial transaction card obtained or retained in violation of Section 16-14-20, or a financial transaction card which he knows is forged, expired, or revoked;

(2) fails to furnish money, goods, services, or anything else of value which he represents in writing to the issuer that he has furnished.

A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both, if the value of all money, goods, services, and other things of value furnished in violation of this section or if the difference between the value actually furnished and the value represented to the issuer to have been furnished in violation of this section, does not exceed five hundred dollars in any six-month period. If the value exceeds five hundred dollars in a six-month period, then, a person is guilty of a felony and, upon conviction, a person must be fined not less than three thousand dollars nor more than five thousand dollars or imprisoned not more than three five years, or both.

(c) A person is guilty of financial transaction card fraud when, upon application for a financial transaction card to an issuer, he knowingly makes or causes to be made a false statement or report relative to his name, occupation, financial condition, assets, or liabilities; or wilfully and substantially overvalues any assets, or wilfully omits or substantially undervalues any indebtedness for the purpose of influencing the issuer to issue a financial transaction card. A person who violates the provision provisions of this subsection is guilty of a misdemeanor and, upon

(d) A cardholder is guilty of financial transaction card fraud when he wilfully, knowingly, and with an intent to defraud the issuer, a person or organization providing money, goods, services, or anything else of value, or any other person, submits, verbally or in writing, to the issuer or any other person, any false notice or report of the theft, loss, disappearance, or nonreceipt of his financial transaction card. A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both.

(e) In any prosecution for violation of Section 16-14-60, the State is not required to establish and it is no defense that some of the acts constituting the crime did not occur in this State or within one city, county, or local jurisdiction.

(f) For purposes of this section, revocation is construed to include either notice given in person or notice given in writing to the person to whom the financial transaction card or personal identification code was issued. Notice of revocation is immediate when notice is given in person. The sending of a notice in writing by registered or certified mail in the United States mail, duly stamped and addressed to the person at his last address known to the issuer, is prima facie evidence that the notice was duly received after seven days from the date of the deposit in the mail. If the address is located outside the United States, Puerto Rico, the Virgin Islands, the Canal Zone, and Canada, notice is presumed to have been received ten days after mailing by registered or certified mail.

(g) (1) A person who is authorized by an acquirer to furnish money, goods, services, or anything else of value upon presentation of a credit card or a credit card account number by a cardholder, or any employee of that person, who presents to the issuer or acquirer, for payment, a credit card transaction record of a sale, which sale was not made by that person or employee, violates this subsection and is guilty of a misdemeanor, felony and, upon conviction, must be fined not less than three thousand dollars nor more than five thousand dollars or imprisoned not more than three five years, or both.

(2) A person without the acquirer's express authorization, employs, or solicits authorized merchants, or any agent or employee of the merchant, to remit to an issuer or acquirer, for payment, a financial transaction card record of a sale, which sale was not made by the merchant, his agent, or employee, is guilty of a felony and, upon conviction, is punishable as provided in Section 16-14-100(b)."

"Section 16-14-70. (A) A person is guilty of criminal possession of financial transaction card forgery devices when:

(1) he is a person other than the cardholder and possesses two or more incomplete financial transaction cards, with intent to complete them without the consent of the issuer;

(2) he possesses, with knowledge of its character, machinery, plates, or any other contrivance designed to reproduce instruments purporting to be financial transaction cards of an issuer who has not consented to the preparation of such financial transaction cards.

(B) A financial transaction card is incomplete if part of the matter other than the signature of the cardholder, which an issuer requires to appear on the financial transaction card before it can be used by a cardholder, has not yet been stamped, embossed, imprinted, encoded, or written upon it.

A person who violates the provisions of this section is guilty of a misdemeanor felony and, upon conviction, must be fined not less than three thousand dollars nor more than five thousand dollars or imprisoned not more than three five years, or both."

SECTION 27. Section 16-15-255 of the 1976 Code, as added by Act 490 of 1988, is amended to read:

"Section 16-15-255. Upon the conviction of any a person or adjudication of a juvenile under state law for a violation of Section 16-15-90, 16-15-100, 16-15-120, or 16-15-140, if the violation results in the exposure of the victim to blood or vaginal or seminal fluids of the convicted offender, the convicted offender or adjudicated juvenile offender, at the request of the victim or the parent or guardian of a victim who is a minor or is mentally retarded or mentally incapacitated, must be tested for Human Immunodeficiency Virus (HIV), the virus that causes Acquired Immunodeficiency Syndrome (AIDS). The test must be administered by the local public health authority or the medical professional at the prison or juvenile detention center if the convicted offender or adjudicated juvenile offender is imprisoned or detained. The results of the test must be reported to the South Carolina Department of Health and Environmental Control, and to the solicitor who ordered the test. The solicitor shall notify the convicted offender, or adjudicated juvenile offender and his parent or guardian and to any person who may have been exposed as a direct result of the act leading to the conviction or the parent or guardian of a victim who is a minor or is mentally retarded or mentally incapacitated. The solicitor also shall provide to the

SECTION 28. Section 16-15-305(H) of the 1976 Code, as added by Act 168 of 1987, is amended to read:

"(H) A person who violates this section is guilty of a felony and, upon conviction, must be imprisoned for not more than three five years or fined not more than ten thousand dollars, or both."

SECTION 29. Section 16-23-490 of the 1976 Code is amended to read:

"Section 16-23-490. Any A person who is convicted of committing or attempting to commit a violent crime as defined in Section 16-1-60, if the person is in possession of a firearm or visibly displays what appears to be a firearm or visibly displays a knife during the commission of the violent crime, shall, in addition to the punishment provided for the crime, must be punished by a term of imprisonment of five for ten years; provided, that this five-year. This ten-year sentence does not apply in cases where the death penalty or a life sentence without parole is imposed for the violent crime. Service of this five-year ten-year sentence is mandatory unless a longer mandatory minimum term of imprisonment is provided by law for the violent crime. The court may impose this mandatory five-year ten-year sentence to run consecutively or concurrently. The person so sentenced under this section is not eligible during this five-year ten-year period for parole, work release, or extended work release. Such five This ten years may not be suspended and the person may not complete his term of imprisonment in less than five ten years pursuant to good-time credits or work credits; however, the person may earn credits during this period.

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