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Session 116 - (2005-2006)Printer Friendly
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H*4301 (Rat #0412, Act #0379 of 2006) General Bill, By G.M. Smith, Bailey, Harrison, Altman, Vaughn, G.R. Smith, Battle, Kirsh, M.A. Pitts, Coates, Moody-Lawrence, Toole, Vick, Littlejohn, Sandifer, Owens, Ceips, Funderburk, Weeks, Rice, Simrill, Chellis, Viers and Duncan
Similar (S 1131)
Summary: Protection of Persons and Property Act
    AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 TO CHAPTER 11, TITLE 16 SO AS TO ENACT THE "PROTECTION OF PERSONS AND PROPERTY ACT", TO DEFINE THE TERMS "DWELLING", "GREAT BODILY INJURY", "RESIDENCE", AND "VEHICLE", TO AUTHORIZE THE LAWFUL USE OF DEADLY FORCE AGAINST AN INTRUDER OR ATTACKER IN A PERSON'S DWELLING, RESIDENCE, OR OCCUPIED VEHICLE UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE EXCEPTIONS, TO PROVIDE THAT THERE IS NO DUTY TO RETREAT IF THE PERSON IS IN A PLACE WHERE HE HAS A RIGHT TO BE, INCLUDING THE PERSON'S PLACE OF BUSINESS, AND THE USE OF DEADLY FORCE IS NECESSARY TO PREVENT DEATH, GREAT BODILY INJURY, OR THE COMMISSION OF A VIOLENT CRIME, AND TO PROVIDE THAT A PERSON WHO LAWFULLY USES DEADLY FORCE IS IMMUNE FROM CRIMINAL PROSECUTION AND CIVIL ACTION AND MAY NOT BE ARRESTED UNLESS PROBABLE CAUSE EXISTS THAT THE DEADLY FORCE USED WAS UNLAWFUL; TO AMEND SECTION 16-1-60, AS AMENDED, RELATING TO LIST OF VIOLENT CRIMES, SO AS TO ADD TRAFFICKING IN COCAINE BASE; AND BY ADDING SECTION 16-23-415 SO AS TO CREATE THE OFFENSE OF TAKING A FIREARM OR OTHER WEAPON FROM THE PERSON OF A LAW ENFORCEMENT OFFICER AND TO PROVIDE A PENALTY. - ratified title
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11/16/05House Prefiled
11/16/05House Referred to Committee on Judiciary
01/10/06House Introduced and read first time HJ-22
01/10/06House Referred to Committee on Judiciary HJ-22
01/25/06House Member(s) request name added as sponsor: Owens
01/31/06House Member(s) request name added as sponsor: Ceips
02/01/06House Committee report: Favorable Judiciary HJ-7
02/02/06House Member(s) request name added as sponsor: Funderburk, Weeks
02/02/06 Scrivener's error corrected
02/07/06House Member(s) request name added as sponsor: Rice, Simrill, Chellis, Viers
02/07/06House Debate adjourned until Wednesday, February 8, 2006 HJ-23
02/08/06House Member(s) request name added as sponsor: Duncan
02/08/06House Read second time HJ-22
02/08/06House Roll call Yeas-108 Nays-0 HJ-24
02/09/06House Read third time and sent to Senate HJ-11
02/09/06Senate Introduced and read first time SJ-8
02/09/06Senate Referred to Committee on Judiciary SJ-8
02/09/06Senate Referred to Subcommittee: Hutto (ch), Jackson, Knotts, Bryant
05/24/06Senate Polled out of committee Judiciary SJ-16
05/24/06Senate Committee report: Favorable with amendment Judiciary SJ-16
05/25/06Senate Amended SJ-72
05/25/06Senate Read second time SJ-72
05/31/06Senate Amended SJ-131
05/31/06Senate Read third time and returned to House with amendments SJ-131
06/01/06House Debate adjourned on amendments HJ-34
06/01/06House Senate amendment amended HJ-180
06/01/06House Returned to Senate with amendments HJ-180
06/01/06Senate Concurred in House amendment and enrolled SJ-15
06/07/06 Ratified R 412
06/09/06 Signed By Governor
06/20/06 Copies available
06/20/06 Effective date 06/09/06
06/23/06 Act No. 379



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