S*0576(Rat #0110, Act #0100 of 2001)  General Bill, By Bauer, Ravenel, Grooms, 
McGill, Branton, Elliott, Peeler, Giese, Leventis, Mescher, McConnell, Short, 
Courson, Leatherman, Setzler, Wilson, Holland, Ryberg, Reese, Martin, Verdin, 
Gregory, Thomas, Ritchie, Richardson and Moore

Similar(H 4012)
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 16-3-1080 SO AS TO CREATE A FELONY FOR WEARING BODY ARMOR WHEN COMMITTING OR
 ATTEMPTING TO COMMIT A VIOLENT CRIME AND TO PROVIDE EXCEPTIONS; AND BY ADDING
 SECTION 16-3-1085 SO AS TO MAKE IT UNLAWFUL FOR A PERSON WHO HAS BEEN
 CONVICTED OF A VIOLENT CRIME TO PURCHASE, OWN, POSSESS, OR USE BODY ARMOR, TO
 PRESCRIBE PROCEDURES FOR GAINING AN EXCEPTION FROM THE CHIEF OF POLICE OR
 COUNTY SHERIFF, TO AUTHORIZE LAW ENFORCEMENT AGENCIES TO ISSUE BODY ARMOR TO A
 PERSON IN CUSTODY OR TO A WITNESS; AND TO PROVIDE PENALTIES.

   04/11/01  Senate Introduced and read first time SJ-3
   04/11/01  Senate Referred to Committee on Judiciary SJ-3
   04/25/01  Senate Committee report: Favorable Judiciary SJ-28
   04/26/01  Senate Amended SJ-93
   04/26/01  Senate Read second time SJ-93
   04/26/01  Senate Unanimous consent for third reading on next
                     legislative day SJ-93
   04/27/01  Senate Read third time and sent to House SJ-15
   05/01/01  House  Introduced and read first time HJ-27
   05/01/01  House  Referred to Committee on Judiciary HJ-27
   05/16/01  House  Committee report: Favorable Judiciary HJ-3
   05/22/01  House  Read second time HJ-17
   05/23/01  House  Read third time and enrolled HJ-29
   06/05/01         Ratified R 110
   08/31/01         Signed By Governor
   08/31/01         Effective date 08/31/01
   09/17/01         Copies available
   09/17/01         Act No. 100

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1080 SO AS TO CREATE A FELONY FOR WEARING BODY ARMOR WHEN COMMITTING OR ATTEMPTING TO COMMIT A VIOLENT CRIME AND TO PROVIDE EXCEPTIONS; AND BY ADDING SECTION 16-3-1085 SO AS TO MAKE IT UNLAWFUL FOR A PERSON WHO HAS BEEN CONVICTED OF A VIOLENT CRIME TO PURCHASE, OWN, POSSESS, OR USE BODY ARMOR, TO PRESCRIBE PROCEDURES AND CRITERIA FOR GAINING AN EXCEPTION BY PETITIONING THE CHIEF OF POLICE OR COUNTY SHERIFF, TO AUTHORIZE LAW ENFORCEMENT AGENCIES TO ISSUE BODY ARMOR TO A PERSON IN CUSTODY OR TO A WITNESS; AND TO PROVIDE PENALTIES.

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

Felony established for committing or attempting to commit a violent crime while wearing body armor

SECTION 1. The 1976 Code is amended by adding:

"Section 16-3-1080. (A) Except as provided in subsection (B), a person who commits or attempts to commit a violent crime, as defined in Section 16-1-60, or threatens to commit a violent crime, as defined in Section 16-1-60, while wearing body armor is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than two thousand dollars, or both. A term of imprisonment imposed for violating this section may be served consecutively to any term of imprisonment imposed for the crime committed or attempted.

(B) Subsection (A) does not apply to:

(1) a peace officer of this State or another state, or of a local unit of government of this State or another state, or of the United States, while in the performance of his official duties; or

(2) a security officer while in the performance of his official duties.

(C) As used in this section:

(1) 'Body armor' means clothing or a device designed or intended to protect a person's body or a portion of a person's body from injury caused by a firearm;

(2) 'Security officer' means a person lawfully employed to protect another person or to protect the property of another person."

Violent offender prohibited from purchasing, owning, or using body armor; exceptions

SECTION 2. The 1976 Code is amended by adding:

"Section 16-3-1085. (A) Except as otherwise provided in this section, it is unlawful for a person who has been convicted of a violent crime, as defined in Section 16-1-60, to purchase, own, possess, or use body armor.

(B)(1) A person who has been convicted of a violent crime whose employment, livelihood, or safety is dependent on his ability to purchase, own, possess, or use body armor may petition the chief of police of the local unit of government in which he resides or, if he does not reside in a local unit of government that has a police department, he may petition the county sheriff for written permission to purchase, own, possess, or use body armor.

(2) The chief of police of a local unit of government or the county sheriff may grant a person who properly petitions the chief of police or county sheriff under subsection (B)(1) written permission to purchase, own, possess, or use body armor as provided in this section if the chief of police or county sheriff determines that the petitioner:

(a) is likely to use body armor in a safe and lawful manner; and

(b) has reasonable need for the protection provided by body armor.

(3) In making the determination required under subsection (B)(1), the chief of police or county sheriff must consider:

(a) the petitioner's continued employment;

(b) the interests of justice; and

(c) other circumstances justifying issuance of written permission to purchase, own, possess, or use body armor.

(4) The chief of police or county sheriff may restrict written permission issued to a petitioner under this section in any manner determined appropriate by that chief of police or county sheriff. If permission is restricted, the chief of police or county sheriff must state the restrictions in the permission document.

(5) Chiefs of police and county sheriffs must exercise broad discretion in determining whether to issue written permission to purchase, own, possess, or use body armor under this section. However, nothing in this section requires a chief of police or county sheriff to issue written permission to any particular petitioner. The issuance of written permission to purchase, own, possess, or use body armor under this section does not relieve any person or entity from criminal liability that might otherwise be imposed.

(6) A person who receives written permission from a chief of police or county sheriff to purchase, own, possess, or use body armor must have the written permission in his possession when he is purchasing, owning, possessing, or using body armor.

(C) A law enforcement agency may issue body armor to a person who is in the custody of a law enforcement agency or a local or state correctional facility or who is a witness to a crime for his protection without a petition being filed under subsection (B). If the law enforcement agency issues body armor to a person under this subsection, the law enforcement agency must document the reasons for issuing the body armor and retain a copy of that document as an official record. The law enforcement agency must issue written permission to the person to possess and use body armor under this section.

(D) A person who violates this section is guilty of:

(1) a felony for a violation of subsection (A) and, upon conviction, must be imprisoned not more than five years or fined not more than two thousand dollars, or both;

(2) a misdemeanor for a violation of subsection (B)(6) and, upon conviction, must be imprisoned not more than ninety days or fined not more than one hundred dollars, or both.

(E) As used in this section 'body armor' means clothing or a device designed or intended to protect a person's body or a portion of a person's body from injury caused by a firearm."

Time effective

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

Ratified the 5th day of June, 2001.

Approved the 31st day of August, 2001.