H 3774 General Bill, By Limehouse, Allison, Barrett, Battle, Campsen, Cato, 
Davenport, Gamble, Knotts, Koon, Law, Littlejohn, Martin, Mason, J.D. McMaster, 
Meacham, Riser, Seithel, Tripp, Whatley, W.J. Young and Young-Brickell
 A BILL TO AMEND SECTION 16-9-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO OPPOSING OR RESISTING A LAW ENFORCEMENT OFFICER, SO AS TO
 REVISE THE PENALTIES AND TO PROVIDE PENALTIES FOR OPPOSING OR RESISTING A LAW
 ENFORCEMENT OFFICER WHILE USING A WEAPON.

   04/01/97  House  Introduced and read first time HJ-19
   04/01/97  House  Referred to Committee on Judiciary HJ-20
   05/08/97  House  Committee report: Favorable with amendment
                     Judiciary HJ-25
   05/14/97  House  Debate adjourned until Thursday, May 15, 1997 HJ-30
   05/15/97  House  Amended HJ-20
   05/15/97  House  Read second time HJ-20
   05/15/97  House  Unanimous consent for third reading on next
                     legislative day HJ-20
   05/16/97  House  Read third time and sent to Senate HJ-2
   05/20/97  Senate Introduced and read first time SJ-12
   05/20/97  Senate Referred to Committee on Judiciary SJ-12

AMENDED

May 15, 1997

H. 3774

Introduced by Reps. Limehouse, Mason, Seithel, Meacham, Koon, Young, Young-Brickell, Martin, Knotts, Gamble, Barrett, Whatley, Law, Battle, Davenport, Allison, McMaster, Riser, Cato, Campsen, Tripp and Littlejohn

S. Printed 5/15/97--H.

Read the first time April 1, 1997.

TO AMEND SECTION 16-9-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPPOSING OR RESISTING A LAW ENFORCEMENT OFFICER, SO AS TO REVISE THE PENALTIES AND TO PROVIDE PENALTIES FOR OPPOSING OR RESISTING A LAW ENFORCEMENT OFFICER WHILE USING A WEAPON.

Amend Title To Conform

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

SECTION 1. Section 16-9-320 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:

"Section 16-9-320. (A) 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. 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 serve a mandatory minimum prison sentence of one year, or both.

(B) It is unlawful for a person to knowingly and wilfully assault, beat, disarm, 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, disarm, 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. 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 serve a mandatory minimum prison sentence of ten years, or both.

(C) A person who violates the provisions contained in subsection (A) or (B) while using a weapon is guilty of a felony and, upon conviction, must be imprisoned for not less than five years, no portion of which may be suspended, and not more than twenty years."

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