H 3395 General Bill, By Knotts, Bailey, Bauer, G. Brown, Davenport, Inabinett, 
Koon, Leach, Limehouse, Littlejohn, Mason, McCraw, Meacham, Phillips, Rhoad, 
Rice, Riser, Robinson, Sharpe, Stuart, Tripp, Vaughn, Whatley and 
Young-Brickell

Similar(S 334)
 A BILL TO AMEND SECTION 16-11-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO MALICIOUS INJURY TO ANIMALS AND OTHER PERSONAL PROPERTY, SO
 AS TO REVISE THE PENALTIES; TO AMEND SECTION 16-13-30, AS AMENDED, RELATING TO
 PETIT AND GRAND LARCENY, SO AS TO REVISE THE VALUE OF STOLEN GOODS THAT
 CONSTITUTES PETIT AND GRAND LARCENY AND TO REVISE THE PENALTIES FOR GRAND
 LARCENY; AND TO AMEND SECTION 20-7-7210, AS AMENDED, RELATING TO OUT-OF-HOME
 PLACEMENT, SO AS TO PROVIDE THAT A CHILD IS ELIGIBLE FOR DETENTION IN A
 JUVENILE DETENTION FACILITY FOR THE COMMISSION OF CERTAIN MISDEMEANORS.

   02/05/97  House  Introduced and read first time HJ-43
   02/05/97  House  Referred to Committee on Judiciary HJ-43

TO AMEND SECTION 16-11-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MALICIOUS INJURY TO ANIMALS AND OTHER PERSONAL PROPERTY, SO AS TO REVISE THE PENALTIES; TO AMEND SECTION 16-13-30, AS AMENDED, RELATING TO PETIT AND GRAND LARCENY, SO AS TO REVISE THE VALUE OF STOLEN GOODS THAT CONSTITUTES PETIT AND GRAND LARCENY AND TO REVISE THE PENALTIES FOR GRAND LARCENY; AND TO AMEND SECTION 20-7-7210, AS AMENDED, RELATING TO OUT-OF-HOME PLACEMENT, SO AS TO PROVIDE THAT A CHILD IS ELIGIBLE FOR DETENTION IN A JUVENILE DETENTION FACILITY FOR THE COMMISSION OF CERTAIN MISDEMEANORS.

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

SECTION 1. Section 16-11-510(B) of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:

"(B) A person who violates the provisions of this section is guilty of a:

(1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the value of the property is five one thousand dollars or more;

(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the value of the property is more than one thousand five hundred dollars but less than five one thousand dollars;

(3) misdemeanor triable in magistrate's court if the injury or loss of property is one thousand five hundred dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury."

SECTION 2. Section 16-13-30 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:

"Section 16-13-30. (A) Simple larceny of any article of goods, choses in action, bank bills, bills receivable, chattels, or other article of personalty of which by law larceny may be committed, or of any fixture, part, or product of the soil severed from the soil by an unlawful act, or has a value of one thousand five hundred dollars or less, is petit larceny, a misdemeanor, triable in the magistrate's court. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury.

(B) Larceny of goods, chattels, instruments, or other personalty valued in excess of one thousand five hundred dollars is grand larceny. Upon conviction, the person is guilty of a felony and must be fined in the discretion of the court or imprisoned not more than:

(1) five years if the value of the personalty is more than one thousand five hundred dollars but less than five one thousand dollars;

(2) ten years if the value of the personalty is five one thousand dollars or more."

SECTION 3. Section 20-7-7210(B)(2) of the 1976 Code, as added by Act 383 of 1996, is amended to read:

"(2) is charged with a crime which, if committed by an adult, would be a felony or a misdemeanor other than a violent crime, and the child:

(a) is already detained or on probation or conditional release or is awaiting adjudication in connection with another delinquency proceeding;

(b) has a demonstrable recent record of wilful failures to appear at court proceedings;

(c) has a demonstrable recent record of violent conduct resulting in physical injury to others; or

(d) has a demonstrable recent record of adjudications for other felonies or misdemeanors; and:

(i) there is reason to believe the child is a flight risk or poses a threat of serious harm to others; or

(ii) the instant offense involved the use of a firearm;"

SECTION 4. This act takes effect upon approval by the Governor.