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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1030 SO AS TO CREATE THE OFFENSE OF OBSTRUCTION OF LEGAL PROCESS WHEN A PERSON OBSTRUCTS OR INTERFERES WITH THE SERVICE OF PROCESS, RULE, OR ORDER OF A COURT OR USES FORCE, THREAT, OR INTIMIDATION TO INTERFERE WITH THE SERVICE OF PROCESS, RULE, OR ORDER OF A COURT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 11, Chapter 3, Title 16 of the 1976 Code is amended by adding:
"Section 16-3-1030. (A) It is unlawful for a person to intentionally or knowingly:
(1) obstruct, resist, or oppose a process server or other authorized person serving or attempting to serve or execute a process, rule, or order of a court in this State; or
(2) interfere with the service of process, rule, or order of a court by the use of force, violence, intimidation, or other unlawful act.
(B) A person who violates the provisions of this section commits the offense of obstruction of legal process and 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."
SECTION 2. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 3. This act takes effect upon approval by the Governor.
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