South Carolina General Assembly
116th Session, 2005-2006

Download This Bill in Microsoft Word format

Indicates Matter Stricken
Indicates New Matter

S. 575

STATUS INFORMATION

General Bill
Sponsors: Senators Fair, Campsen, Cromer, Verdin, Bryant, Hawkins, Sheheen and Thomas
Document Path: l:\council\bills\swb\6324cm05.doc

Introduced in the Senate on March 3, 2005
Currently residing in the Senate Committee on Judiciary

Summary: Unlawful carrying of a weapon by an inmate

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
    3/3/2005  Senate  Introduced and read first time SJ-9
    3/3/2005  Senate  Referred to Committee on Judiciary SJ-9
   3/10/2005  Senate  Referred to Subcommittee: Hawkins (ch), Cromer, Sheheen, 
                        Lourie

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

3/3/2005

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 24-13-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL CARRYING OF A WEAPON BY AN INMATE, SO AS TO PROVIDE THAT A VIOLATION OF THIS PROVISION MAY BE ADJUDICATED BY A MAGISTRATE UNDER CERTAIN CIRCUMSTANCES.

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

SECTION    1.    Section 24-13-440 of the 1976 Code, as last amended by Act 136 of 1997, is further amended to read:

"Section 24-13-440.    (A)    It is unlawful for an inmate of a state correctional facility, city or county jail, or public works of a county to carry on his person a dirk, slingshot, metal knuckles, razor, firearm, or any other deadly weapon, homemade or otherwise, which usually is used for the infliction of personal injury upon another person, or to wilfully conceal any a weapon within any a Department of Corrections facility or other place of confinement.

(B)    A person violating this section is guilty of a felony and, upon conviction, must be imprisoned not more than ten years. A sentence imposed under this section must be served consecutively to any other sentence the inmate is serving.

(C)    Notwithstanding another provision of law, a violation of this provision may be adjudicated by a magistrate if the solicitor:

(1)    declines to prosecute the case; or

(2)    recommends that the case be adjudicated by a magistrate."

SECTION    2.    This act takes effect upon approval by the Governor.

----XX----

This web page was last updated on Friday, December 4, 2009 at 3:30 P.M.