Download This Version in Microsoft Word format
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.
This web page was last updated on April 14, 2015 at 12:49 PM