South Carolina General Assembly
120th Session, 2013-2014

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Indicates Matter Stricken
Indicates New Matter

S. 560

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
Currently residing in the House Committee on Judiciary

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

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

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

Indicates Matter Stricken

Indicates New Matter

AS PASSED BY THE SENATE

March 6, 2014

S. 560

Introduced by Senator L. Martin

S. Printed 3/6/14--S.    [SEC 3/10/14 3:19 PM]

Read the first time March 21, 2013.

            

A BILL

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 A TIER OF PENALTIES FOR VIOLATIONS; AND TO AMEND ARTICLE 9, CHAPTER 15, TITLE 58, RELATING TO RAILROADS, ELECTRIC RAILROADS, AND THE LIKE, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO PURCHASE, SELL, OR TRANSPORT RAILROAD TRACK MATERIALS, TO PROVIDE EXCEPTIONS, AND TO PROVIDE A TIER OF PENALTIES FOR VIOLATIONS.

Amend Title To Conform

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

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

"Section 58-15-870.    Whoever wilfully and maliciously injures in any way any railroad or electric railway or anything appertaining thereto or any material or instrument for the construction or use thereof, or aids or abets in such trespass, shall be punished by a fine not exceeding one thousand dollars or imprisonment not exceeding one year and, except in the case of an electric railway, shall forfeit to the use of the corporation for each offense treble the amount of damages proved to have been sustained thereby to be recovered in an action of tort in the name of the corporation. Whoever commits any of the acts mentioned in this section in such manner as thereby to endanger life shall be punished as herein provided or by imprisonment in the Penitentiary not exceeding twenty years.

(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."

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 must only 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."

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

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This web page was last updated on March 11, 2014 at 8:38 AM