Bill 3395

                    Current Status

Bill Number:                       3395
Type of Legislation:               General Bill GB
Introducing Body:                  House
Introduced Date:                   19970205
Primary Sponsor:                   Knotts
All Sponsors:                      Knotts, Tripp, Sharpe, Bailey,
                                   G. Brown, Mason, Inabinett, Meacham,
                                   Littlejohn, Stuart, Bauer, Robinson,
                                   Leach, Rice, Koon, Whatley, McCraw,
                                   Young-Brickell, Davenport,
                                   Limehouse, Phillips, Riser, Rhoad
                                   and Vaughn 
Drafted Document Number:           pt\2906cm.97
Companion Bill Number:             334
Residing Body:                     House
Current Committee:                 Judiciary Committee 25 HJ
Subject:                           Property, animals, malicious
                                   injury to; petit, grand larceny;
                                   out-of-home placement; Minors,
                                   Juveniles, Crimes

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________
House   19970205  Introduced, read first time,             25 HJ
                  referred to Committee

TO AMEND SECTION 16-11-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MALICIOUS INJURY TO ANIMALS AND OTHER PERSONAL PROPERTY, SO AS TO REVISE THE PENALTIES; TO AMEND SECTION 16-13-30, AS AMENDED, RELATING TO PETIT AND GRAND LARCENY, SO AS TO REVISE THE VALUE OF STOLEN GOODS THAT CONSTITUTES PETIT AND GRAND LARCENY AND TO REVISE THE PENALTIES FOR GRAND LARCENY; AND TO AMEND SECTION 20-7-7210, AS AMENDED, RELATING TO OUT-OF-HOME PLACEMENT, SO AS TO PROVIDE THAT A CHILD IS ELIGIBLE FOR DETENTION IN A JUVENILE DETENTION FACILITY FOR THE COMMISSION OF CERTAIN MISDEMEANORS.

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

SECTION 1. Section 16-11-510(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) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the value of the property is five one thousand dollars or more;

(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the value of the property is more than one thousand five hundred dollars but less than five one thousand dollars;

(3) misdemeanor triable in magistrate's court if the injury or loss of property is one thousand five hundred 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."

SECTION 2. Section 16-13-30 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:

"Section 16-13-30. (A) Simple larceny of any article of goods, choses in action, bank bills, bills receivable, chattels, or other article of personalty of which by law larceny may be committed, or of any fixture, part, or product of the soil severed from the soil by an unlawful act, or has a value of one thousand five hundred dollars or less, is petit larceny, a misdemeanor, triable in the magistrate's court. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury.

(B) Larceny of goods, chattels, instruments, or other personalty valued in excess of one thousand five hundred dollars is grand larceny. Upon conviction, the person is guilty of a felony and must be fined in the discretion of the court or imprisoned not more than:

(1) five years if the value of the personalty is more than one thousand five hundred dollars but less than five one thousand dollars;

(2) ten years if the value of the personalty is five one thousand dollars or more."

SECTION 3. Section 20-7-7210(B)(2) of the 1976 Code, as added by Act 383 of 1996, is amended to read:

"(2) is charged with a crime which, if committed by an adult, would be a felony or a misdemeanor other than a violent crime, and the child:

(a) is already detained or on probation or conditional release or is awaiting adjudication in connection with another delinquency proceeding;

(b) has a demonstrable recent record of wilful failures to appear at court proceedings;

(c) has a demonstrable recent record of violent conduct resulting in physical injury to others; or

(d) has a demonstrable recent record of adjudications for other felonies or misdemeanors; and:

(i) there is reason to believe the child is a flight risk or poses a threat of serious harm to others; or

(ii) the instant offense involved the use of a firearm;"

SECTION 4. This act takes effect upon approval by the Governor.