South Carolina General Assembly
120th Session, 2013-2014

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Indicates Matter Stricken
Indicates New Matter

R314, S813

STATUS INFORMATION

General Bill
Sponsors: Senators Hayes, Peeler, O'Dell, Alexander, McElveen, McGill, Pinckney, Johnson, Williams and Verdin
Document Path: l:\council\bills\ms\7325ahb14.docx
Companion/Similar bill(s): 4818

Introduced in the Senate on January 14, 2014
Introduced in the House on April 10, 2014
Last Amended on May 29, 2014
Passed by the General Assembly on June 3, 2014
Governor's Action: June 13, 2014, Vetoed
Legislative veto action(s): Veto overridden

Summary: Public library trespass

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/10/2013  Senate  Prefiled
  12/10/2013  Senate  Referred to Committee on Judiciary
   1/14/2014  Senate  Introduced and read first time (Senate Journal-page 30)
   1/14/2014  Senate  Referred to Committee on Judiciary 
                        (Senate Journal-page 30)
   1/22/2014  Senate  Referred to Subcommittee: McElveen (ch), Corbin, Turner
    4/2/2014  Senate  Committee report: Favorable with amendment Judiciary 
                        (Senate Journal-page 8)
    4/8/2014  Senate  Committee Amendment Adopted (Senate Journal-page 27)
    4/8/2014  Senate  Read second time (Senate Journal-page 27)
    4/8/2014  Senate  Roll call Ayes-32  Nays-6 (Senate Journal-page 27)
    4/9/2014  Senate  Read third time and sent to House 
                        (Senate Journal-page 35)
   4/10/2014  House   Introduced and read first time
   4/10/2014  House   Referred to Committee on Judiciary
   5/14/2014  House   Committee report: Favorable Judiciary 
                        (House Journal-page 2)
   5/20/2014  House   Debate adjourned until Wed., 5-21-14 
                        (House Journal-page 35)
   5/21/2014  House   Amended (House Journal-page 105)
   5/21/2014  House   Debate adjourned until Thur., 5-22-14 
                        (House Journal-page 105)
   5/22/2014  House   Amended (House Journal-page 12)
   5/22/2014  House   Read second time (House Journal-page 12)
   5/22/2014  House   Roll call Yeas-88  Nays-13 (House Journal-page 13)
   5/22/2014  House   Unanimous consent for third reading on next legislative 
                        day (House Journal-page 14)
   5/23/2014  House   Read third time and returned to Senate with amendments 
                        (House Journal-page 2)
   5/29/2014  Senate  House amendment amended (Senate Journal-page 103)
   5/29/2014  Senate  Roll call Ayes-41  Nays-1 (Senate Journal-page 103)
   5/29/2014  Senate  Returned to House with amendments 
                        (Senate Journal-page 103)
   5/30/2014          Scrivener's error corrected
    6/3/2014  House   Concurred in Senate amendment and enrolled 
                        (House Journal-page 65)
    6/3/2014  House   Roll call Yeas-89  Nays-6 (House Journal-page 65)
    6/9/2014          Ratified R 314
   6/13/2014          Vetoed by Governor
   6/19/2014  Senate  Veto overridden by originating body Ayes-39  Nays-3
   8/27/2014  House   Veto overridden Yeas-75  Nays-36

View the latest legislative information at the website

VERSIONS OF THIS BILL

12/10/2013
4/2/2014
4/8/2014
5/14/2014
5/21/2014
5/22/2014
5/29/2014
5/30/2014

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

NOTE: THIS COPY IS A TEMPORARY VERSION. THIS DOCUMENT WILL REMAIN IN THIS VERSION UNTIL PUBLISHED IN THE ADVANCE SHEETS TO THE ACTS AND JOINT RESOLUTIONS. WHEN THIS DOCUMENT IS PUBLISHED IN THE ADVANCE SHEET, THIS NOTE WILL BE REMOVED.

(R314, S813)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-625 SO AS TO PROVIDE A PERSON WHO, WITHOUT LEGAL CAUSE OR GOOD EXCUSE, ENTERS A PUBLIC LIBRARY AFTER HAVING BEEN WARNED BY THE LIBRARY DIRECTOR, BRANCH MANAGER, OR ACTING BRANCH MANAGER OF THE LIBRARY NOT TO DO SO IS GUILTY OF A MISDEMEANOR TRIABLE IN A MUNICIPAL OR MAGISTRATES COURT, TO PROVIDE PROCEDURES FOR A WRITTEN WARNING AND FOR APPEALING THE WARNING, AND TO PROVIDE THE PROVISIONS OF THIS SECTION MUST BE CONSTRUED AS IN ADDITION TO, AND NOT AS SUPERSEDING, ANOTHER STATUTE RELATING TO TRESPASS OR UNLAWFUL ENTRY ON LANDS OF ANOTHER.

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

Public library trespass, warning, appeal, penalties

SECTION    1.    Article 7, Chapter 11, Title 16 of the 1976 Code is amended by adding:

"Section 16-11-625.    (A)(1)    A person who enters a public library, without legal cause or good excuse, after having been warned not to do so by the library director, the branch manager, or the acting branch manager of the library in consultation with the library director is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or be imprisoned not more than thirty days.

(2)    A copy of the warning provided for by subsection (A)(1) must be given to the person in writing, in the presence of a law enforcement officer, and must state:

(a)    the alleged criminal law violation or the alleged violation of the library's code of conduct promulgated by the library's board of trustees under the authority provided by Section 4-9-37(b);

(b)    the duration of the prohibition to return; and

(c)    the procedure by which the person may appeal the warning to the library board of trustees. The person receiving notice of trespass wishing to appeal the notice must submit a request for a hearing to the board within five business days of receiving the notice. The board of trustees of the library must then provide a hearing within ten business days of the request for an appeal.

(B)    A violation of the provisions of this section is triable in the appropriate municipal or magistrates court with jurisdiction over the offense. Any law enforcement officer of this State or a subdivision of this State may enforce the provisions of this section within their respective jurisdictions.

(C)    The provisions of this section must be construed as in addition to, and not as superseding, another statute relating to trespass or unlawful entry on lands of another."

Severability clause

SECTION    2.    If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

Time effective

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

Ratified the 9th day of June, 2014.

__________________________________________

President of the Senate

___________________________________________

Speaker of the House of Representatives

Approved the ____________ day of _____________________2014.

___________________________________________

Governor

----XX----


This web page was last updated on August 27, 2014 at 4:29 PM