H*2037 Session 104 (1981-1982)
H*2037(Rat #0116, Act #0076 of 1981) General Bill, By T.L. Hughston,
J.M. Arthur, B. Campbell, J.G. Felder, P. Freeman, L.E. Gentry, J.V. Gregory,
C.L. Griffin, J.C. Hearn, R.L. Helmly, L.I. Hendricks, T.E. Huff, D.M. McEachin,
J.D. McInnis, T.W. Mitchell, A.V. Rawl, J.I. Rogers, Sheheen and M.H. Westbrook
A Bill to amend Section 16-11-510, Code of Laws of South Carolina, 1976,
relating to malicious injury to animals and personal property, so as to
increase the value of the property affected from fifty to two hundred dollars;
to amend Section 16-11-520, relating to malicious injury to real property, so
as to increase the value of the property affected from fifty to two hundred
dollars; to amend Section 16-11-620, relating to entering premises after
warning or refusing to leave, so as to increase the maximum penalty for
violation from one to two hundred dollars; to amend Section 16-13-30, relating
to petit larceny, so as to increase the value of the item subject to the
larceny from fifty to two hundred dollars as a triable offense in Magistrate's
Court; to amend Section 16-13-80, relating to larceny of bicycles, so as to
increase the value of a bicycle subject to the larceny from fifty to one
hundred dollars as a triable offense in Magistrate's Court; to amend Section
16-13-180, relating to receiving stolen goods, so as to increase the value of
the stolen property from fifty to one hundred dollars as an offense triable in
Magistrate's Court; to amend Section 16-13-240, relating to obtaining a
signature or property by false pretenses, so as to increase the amount of the
instrument or property obtained by false pretenses from seventy-five to two
hundred dollars as an offense triable in Magistrate's Court; to amend Section
22-3-560, relating to assaults and batteries triable in Magistrate's Court, so
as to increase the maximum penalty from one to two hundred dollars; to amend
Section 56-5-2920, relating to reckless driving, so as to increase the maximum
fine penalty from one hundred to two hundred dollars; and to amend Section
56-5-2940, relating to penalties for violation of laws prohibiting the
operation of motor vehicles while under the influence of intoxicating
substances, so as to reduce from ten years to five years the period used to
determine prior offenses.-at
12/08/80 House Prefiled
12/08/80 House Referred to Committee on Judiciary
01/13/81 House Introduced and read first time HJ-108
01/13/81 House Referred to Committee on Judiciary HJ-109
02/18/81 House Committee report: Favorable Judiciary HJ-659
02/24/81 House Read second time HJ-743
02/25/81 House Read third time and sent to Senate HJ-763
02/25/81 Senate Introduced and read first time SJ-5
02/25/81 Senate Referred to Committee on Judiciary SJ-5
03/26/81 Senate Committee report: Favorable Judiciary SJ-7
03/31/81 Senate Read second time SJ-15
04/09/81 Senate Amended SJ-16
04/29/81 Senate Amended SJ-9
04/30/81 Senate Read third time SJ-21
04/30/81 Senate Returned SJ-21
05/06/81 House Concurred in Senate amendment and enrolled HJ-2252
05/19/81 House Ratified R 116 HJ-2468
05/21/81 Signed By Governor
05/21/81 Effective date 05/21/81
05/21/81 Act No. 76
06/02/81 Copies available
(A76, R116, H2037)
AN ACT TO AMEND SECTION 16-11-510, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO MALICIOUS INJURY TO ANIMALS AND PERSONAL PROPERTY, SO AS TO INCREASE
THE VALUE OF THE PROPERTY AFFECTED FROM FIFTY TO TWO HUNDRED DOLLARS; TO AMEND
SECTION 16-11-520, RELATING TO MALICIOUS INJURY TO REAL PROPERTY, SO AS TO
INCREASE THE VALUE OF THE PROPERTY AFFECTED FROM FIFTY TO TWO HUNDRED DOLLARS;
TO AMEND SECTION 16-11-620, RELATING TO ENTERING PREMISES AFTER WARNING OR
REFUSING TO LEAVE, SO AS TO INCREASE THE MAXIMUM PENALTY FOR VIOLATION FROM ONE
TO TWO HUNDRED DOLLARS; TO AMEND SECTION 16-13-30, RELATING TO PETIT LARCENY, SO
AS TO INCREASE THE VALUE OF THE ITEM SUBJECT TO THE LARCENY FROM FIFTY TO TWO
HUNDRED DOLLARS AS A TRIABLE OFFENSE IN MAGISTRATE'S COURT; TO AMEND SECTION 16-13-80, RELATING TO LARCENY OF BICYCLES, SO AS TO INCREASE THE VALUE OF A BICYCLE
SUBJECT TO THE LARCENY FROM FIFTY TO ONE HUNDRED DOLLARS AS A TRIABLE OFFENSE IN
MAGISTRATE'S COURT; TO AMEND SECTION 16-13-180, RELATING TO RECEIVING STOLEN
GOODS, SO AS TO INCREASE THE VALUE OF THE STOLEN PROPERTY FROM FIFTY TO ONE
HUNDRED DOLLARS AS AN OFFENSE TRIABLE IN MAGISTRATE'S COURT; TO AMEND SECTION
16-13-240, RELATING TO OBTAINING A SIGNATURE OR PROPERTY BY FALSE PRETENSES, SO
AS TO INCREASE THE AMOUNT OF THE INSTRUMENT OR PROPERTY OBTAINED BY FALSE
PRETENSES FROM SEVENTY-FIVE TO TWO HUNDRED DOLLARS AS AN OFFENSE TRIABLE IN
MAGISTRATE'S COURT; TO AMEND SECTION 22-3-560, RELATING TO ASSAULTS AND BATTERIES
TRIABLE IN MAGISTRATE'S COURT, SO AS TO INCREASE THE MAXIMUM PENALTY FROM ONE TO
TWO HUNDRED DOLLARS; TO AMEND SECTION 56-5-2920, RELATING TO RECKLESS DRIVING,
SO AS TO INCREASE THE MAXIMUM FINE PENALTY FROM ONE HUNDRED TO TWO HUNDRED
DOLLARS; AND TO AMEND SECTION 56-5-2940, RELATING TO PENALTIES FOR VIOLATION OF
LAWS PROHIBITING THE OPERATION OF MOTOR VEHICLES WHILE UNDER THE INFLUENCE OF
INTOXICATING SUBSTANCES, SO AS TO REDUCE FROM TEN YEARS TO FIVE YEARS THE PERIOD
USED TO DETERMINE PRIOR OFFENSES.
Be it enacted by the General Assembly of the State of South Carolina:
Malicious injury to animals and property
SECTION 1. Section 16-11-510 of the 1976 Code is amended by striking
"fifty" on line eight and inserting "two hundred". The
section as amended shall read:
"Section 16-11-510. Whoever shall wilfully, unlawfully and maliciously
cut, shoot, maim, wound or otherwise injure or destroy any horse, mule, neat
cattle, hog, sheep, goat or any other kind, class, article or description of
personal property, the goods and chattels of another, shall be guilty of a
misdemeanor and, upon conviction thereof, shall be fined or imprisoned, at the
discretion of the judge before whom the case shall be tried; provided, that when
the injury or loss of the property affected by such act is less than two hundred
dollars the case shall be triable in the magistrate's court and the punishment
shall be not more than is permitted by law without presentment or indictment by
the grand jury."
Malicious to real property
SECTION 2. Section 16-11-520 of the 1976 Code is amended by striking
"fifty" on line ,seven and inserting "two hundred". The
section as amended shall read:
"Section 16-11-520. Whoever shall wilfully, unlawfully, and maliciously
cut, mutilate, deface or otherwise injure any tree, house, outside fence or
fixture of another or commit any other trespass upon real property in the
possession of another shall be guilty of a misdemeanor and, upon conviction
thereof, shall be fined and imprisoned, at the discretion of the judge before
whom the case shall be tried; provided, that when the damage to such property is
less than two hundred dollars the case shall be triable in the magistrate's court
and the punishment shall be not more than is permitted by law without presentment
or indictment of the grand jury."
Entering premises after warning
SECTION 3. The first paragraph of Section 16-11-620 of the 1976 Code is amended
by striking "one" on the next to last line and inserting
"two". The paragraph as amended shall read:
"Any person who, without legal cause or good excuse, enters into the
dwelling house, place of business or on the premises of another person after
having been warned within six months preceding not to do so or any person who,
having entered into the dwelling house, place of business or on the premises of
another person without having been warned within six months not to do so, fails
and refuses, without good cause or good excuse, to leave immediately upon being
ordered or requested to do so by the person in possession or his agent or
representative shall, on conviction, be fined not more than two hundred dollars
or be imprisoned for not more than thirty days."
Petit larceny
SECTION 4. Section 16-13-30 of the 1976 Code is amended by striking
"fifty" on line five and inserting "two hundred". The section
as amended shall read:
"Section 16-13-30. Any simple larceny of any article of goods, chooses in
action, bank bills, bills receivable, chattels, or other article of personalty
of which by law larceny may be committed or of any such fixture or part or
product of the soil as was severed from the soil by an unlawful act, or the value
of less than two hundred dollars, shall be a misdemeanor and considered petit
larceny, shall be triable in the magistrate's court and the punishment shall be
not more than is permitted by law without presentment or indictment by the grand
jury.
Larceny of bicycles
SECTION 5. Section 16-13-80 of the 1976 Code is amended by striking
"fifty" on line three and inserting "one hundred". The
section as amended shall read:
"Section 16-13-80. The larceny of any bicycle shall be punishable at the
discretion of the court; provided, that when the value of the bicycle is less
than one hundred dollars the case shall be triable in the magistrate's court and
the punishment shall be not more than is permitted by law without presentment or
indictment by the grand jury."
Receiving stolen goods
SECTION 6. Section 16-13-180 of the 1976 Code is amended by striking
"fifty" on line ten and inserting "one hundred". The section
as amended shall read:
"Section 16-13-180. In all cases whatever, when any goods or chattels or
other property of which larceny may be committed shall have been feloniously
taken or stolen by any person, every person who shall buy or receive any such
goods or chattels or other property knowing the same to have been stolen shall
be guilty of a misdemeanor and, upon conviction thereof, shall be punished by
imprisonment, although the principal felon be not previously convicted and
whether he is amenable to justice or not; provided, that when the chattel or
other property stolen shall be of the value of less than one hundred dollars the
case shall be triable in the magistrate's court and the punishment shall be not
more than is permitted by law without presentment or indictment of the grand
jury."
Obtaining signature by false pretenses
SECTION 7. Section 16-13-240 of the 1976 Code is amended by striking
"seventy-five" on line ten and inserting "two hundred". The
section as amended shall read:
"Section 16-13-240. Any person who shall by any false pretense or
representation obtain the signature of any person to any written instrument or
shall obtain from any other person any chattel, money, valuable security or other
property, real or personal, with intent to cheat and defraud any person of such
property shall be guilty of a misdemeanor and shall, on conviction, be sentenced
to pay a fine not exceeding five hundred dollars and undergo an imprisonment not
exceeding three years; provided, that if the sum in the written instrument or the
value of the property so obtained does not exceed two hundred dollars the case
shall be triable in the magistrate's court and the punishment shall be not more
than is permitted by law without presentment or indictment of the grand
jury."
Magistrates may punish
SECTION 8. Section 22-3-560 of the 1976 Code is amended by striking
"one" on line one and inserting "two". The section as amended
shall read:
"Section 22-3-560. Magistrates may punish by fine not exceeding two
hundred dollars or imprisonment in the jail or house of correction not exceeding
thirty days all assaults and batteries and other breaches of the peace when the
offense is not of a high and aggravated nature requiring, in their judgment,
greater punishment."
Assaults and batteries
SECTION 9. Section 56-5-2920 of the 1976 Code is amended to read:
"Section 56-5-2920. Any person who drives any vehicle in such a manner
as to indicate either a wilful or wanton disregard for the safety of persons or
property is guilty of reckless driving. The Department, upon receiving
satisfactory evidence of the conviction, of the entry of a plea of guilty or the
forfeiture of bail of any person charged with a second and subsequent offense for
the violation of this section shall forthwith suspend the driver's license of any
such person for a period of three months. Only those offenses which occurred
within a period of five years including and immediately preceding the date of the
last offense shall constitute prior offenses within the meaning of this section.
Any person violating the provisions of this section shall, upon conviction, entry
of a plea of guilty or forfeiture of bail, be punished by a fine of not less than
twenty-five dollars nor more than two hundred dollars or by imprisonment for not
more than thirty days."
Plea of guilty for DUI constitutes prior offense
Section 10. Section 56-5-2940 of the 1976 Code is amended to read:
"Section 56-5-2940. Any person violating any provision of Section
56-5-2930 shall, upon conviction, entry of a plea of guilty or of nolo contendere
or forfeiture of bail, be punished in accordance with the following:
(1) By a fine of not less than fifty dollars nor more than two hundred
dollars or imprisonment for not less than ten days nor more than thirty days, for
the first offense;
(2) By a fine of not less than one thousand dollars or imprisonment for one
year, or both, for the second offense;
(3) By a fine of not less than two thousand dollars or imprisonment for three
years, or both, for the third offense; and
(4) By a fine of not less than three thousand dollars or imprisonment for
four years, or both, for the fourth offense or any subsequent offense.
For the purposes of this chapter any conviction, entry of a plea of guilty or
forfeiture of bail for the violation of any law or ordinance of this State or any
municipality of this State that prohibits any person from operating a motor
vehicle while under the influence of intoxicating liquor, drugs or narcotics
shall constitute a prior offense for the purpose of any prosecution for any
subsequent violation hereof. But only those offenses which occurred within a
period of five years including and immediately preceding the date of the last
offense shall constitute prior offenses within the meaning of this section.
Time effective
SECTION 11. This act shall take effect upon approval by the Governor.
1981
0077
0118
H2371
AN ACT TO AMEND SECTIONS 40-61-50, 40-51-100 AND 40-51-110, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO LICENSES TO PRACTICE PODIATRY, SO AS TO RAISE
THE INITIAL LICENSE APPLICATION FEE FROM FIFTY TO ONE HUNDRED FIFTY DOLLARS, AND
TO AMEND SECTION 40-51-140, RELATING TO RENEWAL LICENSE FEES TO PRACTICE
PODIATRY, SO AS TO INCREASE SUCH RENEWAL LICENSE FEES FROM TEN TO TWENTY-FIVE
DOLLARS PER YEAR AND INCREASE DELINQUENT FEE TO FORTY DOLLARS PER YEAR.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA:
APPLICATION-FEE
SECTION 1. SECTION 40-51-60 OF THE 1976 CODE IS AMENDED BY STRIKING
"FIFTY" ON LINE TWO AND INSERTING "ONE HUNDRED FIFTY". THE
SECTION WHEN AMENDED SHALL READ:
"SECTION 40-51-60. ANY PERSON DESIRING TO ENTER UPON THE PRACTICE OF
PODIATRY IN THIS STATE SHALL PAY A FEE OF ONE HUNDRED FIFTY DOLLARS TO THE BOARD
AND FILE WITH THE BOARD A WRITTEN APPLICATION FOR EXAMINATION, TOGETHER WITH
SATISFACTORY PROOF THAT HE IS TWENTY-ONE YEARS OF AGE OR OVER AND OF GOOD MORAL
CHARACTER AND HAS RECEIVED FOUR YEARS HIGH SCHOOL TRAINING AND HAS COMPLETED AT
LEAST TWO YEARS OF PRE-PODIATRY TRAINING AT A RECOGNIZED COLLEGE AND HAS RECEIVED
A DIPLOMA OR CERTIFICATE OF GRADUATION FROM A RECOGNIZED COLLEGE OF PODIATRIC
MEDICINE HAVING A MINIMUM REQUIREMENT OF FOUR CONSECUTIVE SCHOLASTIC YEARS,
EMBRACING AT LEAST NINE MONTHS OF INSTRUCTION EACH YEAR, A MINIMUM OF THREE
THOUSAND THREE HUNDRED AND SIXTY HOURS IN THE DIFFERENT CALENDAR YEARS. ANY SUCH
APPLICANT SHALL, IF FOUND QUALIFIED, BE REGISTERED AND SHALL RECEIVE IN TESTIMONY
THEREOF A LICENSE TO PRACTICE PODIATRY."
EXAMINATION-FEE
SECTION 2. SECTION 40-51-100 OF THE 1976 CODE IS AMENDED BY STRIKING
"FIFTY" ON LINE THREE AND INSERTING "ONE HUNDRED FIFTY". THE
SECTION WHEN AMENDED SHALL READ:
"SECTION 40-51-100. EVERY APPLICANT FOR AN EXAMINATION FOR A LICENSE TO
PRACTICE PODIATRY OR CHIROPODY SHALL, AT THE TIME OF FILING HIS APPLICATION, PAY
TO THE BOARD OF PODIATRY EXAMINERS A FEE OF ONE HUNDRED FIFTY DOLLARS. IN CASE
THE APPLICATION IS DENIED AND EXAMINATION IS REFUSED THE FEE SHALL BE RETURNED
TO THE APPLICANT. ANY APPLICANT WHO FAILS TO PASS AN EXAMINATION SHALL BE
ENTITLED TO A REEXAMINATION WITHIN SIX MONTHS, UPON THE PAYMENT OF AN ADDITIONAL
FEE OF FIFTY DOLLARS, BUT ONLY TWO SUCH REEXAMINATIONS SHALL BE PERMITTED UNDER
THE PRIVILEGE OF THE ORIGINAL APPLICATION."
RECIPROCITY-FEE
SECTION 3. SECTION 40-51-110 OF THE 1976 CODE IS AMENDED BY STRIKING
"FIFTY" ON LINE ONE AND INSERTING "ONE HUNDRED FIFTY". THE
SECTION WHEN AMENDED SHALL READ:
"SECTION 40-51-110. UPON PAYMENT OF A FEE OF ONE HUNDRED FIFTY DOLLARS A
LICENSE MAY BE ISSUED TO PODIATRISTS OR CHIROPODISTS REMOVING TO THIS STATE FROM
OTHER STATES MAINTAINING REQUIREMENTS FOR THE PRACTICE OF PODIATRY OR CHIROPODY
EQUAL TO THE STANDARD IN THIS STATE AND EXTENDING THE SAME RECIPROCAL PRIVILEGES
TO PODIATRISTS OR CHIROPODISTS OF THIS STATE. ANY PODIATRIST OR CHIROPODIST WHO
HAS BEEN PRACTICING HIS PROFESSION IN ANY STATE FOR A PERIOD OF ONE YEAR OR MORE
WHO HAS BEEN DULY LICENSED BY A STATE BOARD AND WHO HAS ENJOYED DURING SUCH TIME
GOOD MORAL AND PROFESSIONAL REPUTE AND SHALL BE RECOMMENDED BY THE PODIATRIST OR
CHIROPODIST SOCIETY OR ASSOCIATION OF HIS STATE MAY UPON PRESENTATION OF PROPER
CREDENTIALS BE ISSUED A LICENSE WITHOUT EXAMINATION."
LICENSE RENEWAL-FEE
SECTION 4. SECTION 40-51-140 OF THE 1976 CODE IS AMENDED BY STRIKING
"TEN" ON LINE TWO AND INSERTING "TWENTY-FIVE" AND BY STRIKING
"TWENTY-FIVE" ON THE LAST LINE AND INSERTING "FORTY". THE
SECTION WHEN AMENDED SHALL READ:
"SECTION 40-51-140. EVERY PERSON LICENSED TO PRACTICE PODIATRY OR
CHIROPODY MUST PAY ANNUALLY A RENEWAL LICENSE FEE OF TWENTY-FIVE DOLLARS. IF SUCH
RENEWAL FEE IS NOT PAID WITHIN THREE MONTHS AFTER THE DATE OF NOTIFICATION BY THE
SECRETARY THAT SUCH FEE IS DUE, THE LICENSE OF THE PERSON SO FAILING TO PAY SHALL
BE SUSPENDED OR REVOKED AND SHALL BE REISSUED ONLY BY A MAJORITY VOTE OF THE
BOARD OF PODIATRY EXAMINERS AND UPON PAYMENT OF A FEE OF FORTY DOLLARS."
TIME EFFECTIVE
SECTION 5. THIS ACT SHALL TAKE EFFECT UPON APPROVAL BY THE GOVERNOR. |