South Carolina General Assembly
121st Session, 2015-2016

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S. 647

STATUS INFORMATION

General Bill
Sponsors: Senators Malloy, Kimpson, Johnson, Nicholson, Allen and Scott
Document Path: l:\s-jud\bills\malloy\jud0064.jjg.docx
Companion/Similar bill(s): 736

Introduced in the Senate on April 14, 2015
Currently residing in the Senate

Summary: Hindering law enforcement

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   4/14/2015  Senate  Introduced and read first time (Senate Journal-page 7)
   4/14/2015  Senate  Referred to Committee on Judiciary 
                        (Senate Journal-page 7)
   4/14/2015  Senate  Referred to Subcommittee: Malloy (ch), Hembree, Shealy, 
                        Turner, Kimpson
   1/27/2016  Senate  Committee report: Majority favorable with amend., 
                        minority unfavorable Judiciary (Senate Journal-page 9)

View the latest legislative information at the website

VERSIONS OF THIS BILL

4/14/2015
1/27/2016

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

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

January 27, 2016

S. 647

Introduced by Senators Malloy, Kimpson, Johnson, Nicholson and Allen

S. Printed 1/27/16--S.

Read the first time April 14, 2015.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (S. 647) to amend Section 16-5-50, Code of Laws of South Carolina, 1976, relating to the criminal offense of hindering a law enforcement officer, so as to provide, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/        SECTION    1.    Section 16-5-50 of the 1976 Code is amended to read:

"Section 16-5-50.    (A)(1)    Any A person who shall not:

(a)    hinder, prevent, or obstruct any a law enforcement officer or other person charged with the execution of any a warrant or other process issued under the provisions of pursuant to this chapter in arresting any a person for whose apprehension such warrant or other process may have been issued,;

(b)    rescue or attempt to rescue such person from the custody of the officer or person or persons lawfully assisting him the officer, as aforesaid,;

(c)    aid, abet, or assist any a person so arrested, as aforesaid, directly or indirectly, to escape from the custody of the officer or person or persons assisting him the officer, as aforesaid,; or

(d)    harbor or conceal any a person for whose arrest a warrant or other process shall have has been issued, so as to prevent his the person's discovery and arrest, after notice or knowledge of the fact of the issuing of such warrant or other process, shall, on conviction for any such offense, be subject to a fine of.

(2)    A person who violates this subsection is guilty of a misdemeanor, and, upon conviction, must be fined not more than three thousand dollars or imprisonment imprisoned for not more than three years, or both, at the discretion of the court having jurisdiction.

(B)(1)    If a person is exercising the person's right to photograph or record a law enforcement officer performing the officer's duties while the officer is in a public place or public view, or the person is in a private place the person has the right to be, an officer shall not:

(a)    intentionally hinder, prevent, or obstruct the person from taking a photograph or making a recording;

(b)    detain, arrest, threaten, intimidate, or otherwise harass the person;

(c)    search or seize the photograph, recording, or device used to take the photograph or make the recording without the person's permission or a warrant; or

(d)    damage or destroy the photograph, recording, or device used to take the photograph or make the recording.

(2)    This subsection does not apply to a person if an officer is in the act of placing the person under arrest or the person is under arrest.

(3)    If an officer violates this subsection, the person has a civil cause of action against the officer and the officer's law enforcement agency."

SECTION    2.    Section 16-9-320 of the 1976 Code is amended to read:

"Section 16-9-320.    (A)(1)    It is unlawful for a person knowingly and wilfully to oppose or resist a law enforcement officer in serving, executing, or attempting to serve or execute a legal writ or process or to resist an arrest being made by one whom the person knows or reasonably should know is a law enforcement officer, whether under process or not.

(2)    A person who violates the provisions of this subsection is guilty of a misdemeanor, and, upon conviction, must be fined not less than five hundred dollars nor more than one thousand dollars or imprisoned not more than one year, or both.

(B)(1)    It is unlawful for a person to knowingly and wilfully assault, beat, or wound a law enforcement officer engaged in serving, executing, or attempting to serve or execute a legal writ or process or to assault, beat, or wound an officer when the person is resisting an arrest being made by one whom the person knows or reasonably should know is a law enforcement officer, whether under process or not.

(2)    A person who violates the provisions of this subsection is guilty of a felony, and, upon conviction, must be fined not less than one thousand dollars nor more than ten thousand dollars or imprisoned not more than ten years, or both.

(C)(1)    If a person is exercising the person's right to photograph or record a law enforcement officer performing the officer's duties while the officer is in a public place or public view, or the person is in a private place the person has the right to be, an officer shall not:

(a)    intentionally hinder, prevent, or obstruct the person from taking a photograph or making a recording;

(b)    detain, arrest, threaten, intimidate, or otherwise harass the person;

(c)    search or seize the photograph, recording, or device used to take the photograph or make the recording without the person's permission or a warrant; or

(d)    damage or destroy the photograph, recording, or device used to take the photograph or make the recording.

(2)    This subsection does not apply to a person if an officer is in the act of placing the person under arrest or the person is under arrest.

(3)    If an officer violates this subsection, the person has a civil cause of action against the officer and the officer's law enforcement agency."

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

Renumber sections to conform.

Amend title to conform.

Majority favorable.    Minority unfavorable.

GERALD MALLOY    THOMAS D. CORBIN

For Majority.    For Minority.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

Fiscal Impact Summary

There will be minimal additional costs to the general fund that can be absorbed by the Judicial Department. Federal and other funds will not be impacted.

Explanation of Fiscal Impact

State Expenditure

This bill amends section 65-5-50 to provide the offense of hindering a law enforcement officer does not apply to a person who photographs or records a law enforcement officer performing official duties while the officer is in a public place or the person is in a place the person has the right to be. The Judicial Department anticipates that additional hearings and trials will be held in Common Pleas and Magistrates courts. There is no data available to indicate the number of additional hearings and trials. However, should this bill result in a significant number of additional hearings and trials, it could result in an increased backlog for the Common Pleas and Magistrate courts. Any additional costs to the Magistrate courts would be born by the counties. There will be minimal additional costs to the general fund, but they can be absorbed by the Judicial Department. Federal and other funds will not be impacted.

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

A BILL

TO AMEND SECTION 16-5-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIMINAL OFFENSE OF HINDERING A LAW ENFORCEMENT OFFICER, SO AS TO PROVIDE THAT SUCH OFFENSE DOES NOT APPLY TO A PERSON WHO PHOTOGRAPHS OR RECORDS A LAW ENFORCEMENT OFFICER PERFORMING THE OFFICER'S OFFICIAL DUTIES WHILE THE OFFICER IS IN A PUBLIC PLACE OR THE PERSON IS IN A PLACE THE PERSON HAS THE RIGHT TO BE.

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

SECTION    1.    Section 16-5-50 of the 1976 Code is amended to read:

"Section 16-5-50.    (A)    Any A person who shall not:

(a)(1)    hinder, prevent, or obstruct any a law enforcement officer or other person charged with the execution of any a warrant or other process issued under pursuant to the provisions of this chapter in arresting any a person for whose apprehension such warrant or other process may have been issued,;

(b)(2)    rescue or attempt to rescue such person from the custody of the officer or person or persons lawfully assisting him the officer, as aforesaid,;

(c)(3)    aid, abet, or assist any a person so arrested, as aforesaid, directly or indirectly, to escape from the custody of the officer or person or persons assisting him the officer, as aforesaid,; or

(d)(4)    harbor or conceal any a person for whose arrest a warrant or other process shall have has been issued, so as to prevent his the person's discovery and arrest, after notice or knowledge of the fact of the issuing of such warrant or other process, shall, on conviction for any such offense, be subject to a fine of.

(B)(1)    This section does not apply to a person who photographs or records a law enforcement officer performing the officer's official duties while the officer is in a public place or the person is in a place the person has the right to be.

(2)    The officer shall not:

(a)    intentionally hinder, prevent, or obstruct the person from taking a photograph or making a recording;

(b)    detain, arrest, threaten, intimidate, or otherwise harass the person;

(c)    search or seize the photograph, recording, or device used to take the photograph or make the recording without the person's permission or a warrant; or

(d)    damage or destroy the photograph, recording, or device used to take the photograph or make the recording.

If the officer violates this subitem, the person has a civil cause of action against the officer and the officer's law enforcement agency.

(C)    Except as provided in item (2) of subsection (B), a person who violates this section is guilty of a misdemeanor, and, upon conviction, must be fined not more than three thousand dollars or imprisonment imprisoned for not more than three years, or both, at the discretion of the court having jurisdiction."

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

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