South Carolina General Assembly
120th Session, 2013-2014

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A189, R213, S560

STATUS INFORMATION

General Bill
Sponsors: Senator L. Martin
Document Path: l:\s-jud\bills\l. martin\jud0053.jjg.docx

Introduced in the Senate on March 21, 2013
Introduced in the House on March 10, 2014
Last Amended on March 6, 2014
Passed by the General Assembly on May 29, 2014
Governor's Action: June 2, 2014, Signed

Summary: Railroad or electric railway

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   3/21/2013  Senate  Introduced and read first time (Senate Journal-page 6)
   3/21/2013  Senate  Referred to Committee on Judiciary 
                        (Senate Journal-page 6)
   3/27/2013  Senate  Referred to Subcommittee: Hutto (ch), Corbin, Young
   2/19/2014  Senate  Committee report: Favorable with amendment Judiciary 
                        (Senate Journal-page 14)
   2/26/2014  Senate  Committee Amendment Adopted (Senate Journal-page 26)
   2/26/2014  Senate  Amended (Senate Journal-page 26)
   2/26/2014  Senate  Read second time (Senate Journal-page 26)
   2/26/2014  Senate  Roll call Ayes-40  Nays-0 (Senate Journal-page 26)
    3/6/2014  Senate  Amended (Senate Journal-page 15)
    3/6/2014  Senate  Read third time and returned to House with amendments 
                        (Senate Journal-page 15)
    3/6/2014  Senate  Roll call Ayes-42  Nays-0 (Senate Journal-page 15)
   3/10/2014  House   Introduced and read first time (House Journal-page 8)
   3/10/2014  House   Referred to Committee on Judiciary (House Journal-page 8)
   3/10/2014          Scrivener's error corrected
   5/22/2014  House   Recalled from Committee on Judiciary 
                        (House Journal-page 23)
   5/28/2014  House   Read second time
   5/28/2014  House   Roll call Yeas-97  Nays-0
   5/29/2014  House   Read third time and enrolled (House Journal-page 22)
   5/29/2014          Ratified R 213
    6/2/2014          Signed By Governor
    6/6/2014          Effective date 06/02/14
   6/10/2014          Act No. 189

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

3/21/2013
2/19/2014
2/26/2014
3/6/2014
3/10/2014
5/22/2014


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

(A189, R213, S560)

AN ACT TO AMEND SECTION 58-15-870, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WILFULL AND MALICIOUS INJURY TO A RAILROAD OR ELECTRIC RAILWAY, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO WILFULLY AND MALICIOUSLY CUT, MUTILATE, DEFACE, OR OTHERWISE INJURE A RAILROAD OR ELECTRIC RAILWAY, INCLUDING ANYTHING APPERTAINING TO THE RAILROAD OR ELECTRIC RAILWAY OR ANY MATERIAL OR INSTRUMENT FOR THE CONSTRUCTION OF THE RAILROAD OR ELECTRIC RAILWAY, TO PROVIDE A TIER OF PENALTIES FOR VIOLATIONS INCLUDING THOSE VIOLATIONS WHERE SPECIFIED CIRCUMSTANCES ARE PRESENT, AND TO ALSO PROVIDE THAT EXCEPT IN THE CASE OF AN ELECTRIC RAILWAY, THE PERSON COMMITTING THE VIOLATION SHALL FORFEIT TO THE RAILROAD COMPANY FOR EACH OFFENSE TREBLE THE DAMAGES PROVED TO HAVE BEEN SUSTAINED TO BE RECOVERED IN A TORT ACTION IN THE RAILROAD COMPANY'S NAME; AND BY ADDING SECTION 58-15-875 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO PURCHASE, SELL, OR TRANSPORT RAILROAD TRACK MATERIALS FOR THE PURPOSE OF RECYCLING, TO REQUIRE A SPECIFIED METHOD OF PAYMENT FOR RAILROAD TRACK MATERIALS, TO PROVIDE EXCEPTIONS, AND TO PROVIDE A TIER OF PENALTIES FOR VIOLATIONS.

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

Injury to railroad or electric railway, penalties

SECTION    1.    Section 58-15-870 of the 1976 Code is amended to read:

"Section 58-15-870.     (A)    It is unlawful for a person to wilfully and maliciously cut, mutilate, deface, or otherwise injure a railroad or electric railway, including anything appertaining to the railroad or electric railway or any material or instrument for the construction of the railroad or electric railway.

(B)    A person who violates this section is guilty of a misdemeanor, and, upon conviction, must be fined not less than one thousand dollars, or imprisoned not more than five years, or both.

(C)    A person who violates this section resulting in the endangerment of another person's life or great bodily injury to another person is guilty of a felony, and, upon conviction, must be imprisoned not more than twenty years. 'Great bodily injury' means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

(D)    A person who violates this section resulting in the death of another person is guilty of a felony, and, upon conviction, must be imprisoned not more than thirty years.

(E)    In addition to the penalties provided by subsections (B), (C), and (D), except in the case of an electric railway, the person shall forfeit to the railroad company for each offense treble the damages proved to have been sustained to be recovered in a tort action in the railroad company's name."

Purchase, sell, or transport unlawful, method of payment, penalties

SECTION    2.    Article 9, Chapter 15, Title 58 of the 1976 Code is amended by adding:

"Section 58-15-875.    (A)    It is unlawful to purchase, sell, or transport railroad track materials for the purpose of recycling.

(B)    This section does not apply to:

(1)    a railroad company or a railroad company's authorized agent;

(2)    a business that owns a railroad spur;

(3)    an independent railroad contractor; or

(4)    a person or business with a letter of authorization from a special agent of a railroad company class 1 or shortline. An entity removing or authorizing the removal of railroad track materials from private property must obtain a letter of authorization from the railroad company servicing the property.

(C)    Payment for railroad track materials only must be made to the railroad company or the company's principals, the business that owns the railroad spur or the businesses' principals, the independent railroad contractor or the contractor's principals, or the person or business authorized by the railroad company or the businesses' principals.

(D)    A person who violates this section:

(1)    for a first offense, is guilty of a misdemeanor, and, upon conviction, must be fined not less than two hundred and fifty dollars, or imprisoned not more than one year, or both;

(2)    for a second offense, is guilty of a misdemeanor, and, upon conviction, must be fined not less than five hundred dollars, or imprisoned not more than three years, or both; and

(3)    for a third or subsequent offense, is guilty of a felony, and, upon conviction, must be fined not less than one thousand dollars, or imprisoned not more than five years, or both."

Time effective

SECTION    3.    This act takes effect upon approval by the Governor.

Ratified the 29th day of May, 2014.

Approved the 2nd day of June, 2014.

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This web page was last updated on July 24, 2014 at 3:23 PM