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COMMITTEE REPORT
April 21, 2004
H. 3473
Introduced by Reps. Jennings, Hosey, Whipper, Bales, Branham, Breeland, Haskins, Herbkersman, J. Hines, J.E. Smith, M. Hines, Littlejohn, Lloyd, Rivers, Simrill, Vaughn and Witherspoon
S. Printed 4/21/04--S. [SEC 4/22/04 2:41 PM]
Read the first time March 5, 2003.
To whom was referred a Bill (H. 3473) to amend Section 16-17-600, as amended, Code of Laws of South Carolina, 1976, relating to the destruction or desecration of human remains or repositories, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, page 1, beginning on line 23, by striking SECTION 1 in its entirety and inserting therein the following:
/ SECTION 1. Section 16-17-600(C) of the 1976 Code, as last amended by Act 307 of 1998, is further amended to read:
"(C)(1) It is unlawful for a person wilfully, and knowingly, to steal anything of value located upon or around a repository for human remains or within a human graveyard, cemetery, or memorial park, and or for a person wilfully, knowingly, and without proper legal authority to destroy, tear down, or injure only any fencing, plants, trees, shrubs, or flowers located upon or around a repository for human remains, or within a human graveyard, cemetery, or memorial park.
(2) A person violating the provisions of subsection (C) item (1) is guilty of:
(a) a felony and, upon conviction, if the theft of, destruction to, injury to, or loss of property is valued at two hundred dollars or more, must be fined not more than five thousand dollars or imprisoned not more than five years, or both. Injury or loss of property less than two hundred dollars is a misdemeanor triable in magistrate's court. Upon conviction, the person must be fined, imprisoned, or both, not more than is permitted by law, without presentment or indictment by the grand jury, and further must be required to perform up to not more than five hundred hours of community service in an amount to be determined by the court;
(b) a misdemeanor triable in magistrates court if the theft of, destruction to, injury to, or loss of property is valued at less than two hundred dollars. Upon conviction, a person must be fined or imprisoned, or both, as authorized by law and without presentment or indictment by the grand jury, and must be required to perform not more than two hundred and fifty hours of community service."/
Renumber sections to conform.
Amend title to conform.
ROBERT L. WALDREP, JR. for Committee.
TO AMEND SECTION 16-17-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESTRUCTION OR DESECRATION OF HUMAN REMAINS OR REPOSITORIES OF HUMAN REMAINS, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO STEAL ANYTHING OF VALUE FROM CERTAIN REPOSITORIES OF HUMAN REMAINS, TO MAKE A TECHNICAL CHANGE, AND TO REVISE THE PENALTY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-17-600(C) of the 1976 Code, as last amended by Act 307 of 1998, is further amended to read:
"(C) It is unlawful for a person to wilfully, knowingly, and without proper legal authority to steal anything of value, or destroy, tear down, or injure only any fencing, plants, trees, shrubs, or flowers located upon or around a repository for human remains, or within a human graveyard, cemetery, or memorial park.
A person violating the provisions of subsection (C) is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both. Injury or loss of property less than two hundred dollars is a misdemeanor triable in magistrate's court. Upon conviction, the person must be fined, imprisoned, or both, not more than is permitted by law, without presentment or indictment by the grand jury, and further must be required to perform up to not more than five hundred hours of community service in an amount to be determined by the court."
SECTION 2. This act takes effect upon approval by the Governor.
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