H 4459 General Bill, By Klauber
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 16-3-45 SO AS TO PROVIDE THAT ASSAULT AND BATTERY UPON A PUBLIC OFFICIAL OR
 PUBLIC EMPLOYEE IS A FELONY AND TO PROVIDE A PENALTY PROVISION; AND TO AMEND
 SECTION 16-3-1040, AS AMENDED, RELATING TO THE CRIME OF THREATENING THE LIFE,
 PERSON, OR FAMILY OF A PUBLIC OFFICIAL, TEACHER, PRINCIPAL, OR PUBLIC
 EMPLOYEE, SO AS TO REVISE THE PENALTY FOR THREATENING THE LIFE, PERSON, OR
 FAMILY OF A PUBLIC EMPLOYEE, AND TO REVISE THE DEFINITION OF "PUBLIC
 EMPLOYEE".

   01/08/02  House  Introduced and read first time HJ-45
   01/08/02  House  Referred to Committee on Judiciary HJ-45

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-45 SO AS TO PROVIDE THAT ASSAULT AND BATTERY UPON A PUBLIC OFFICIAL OR PUBLIC EMPLOYEE IS A FELONY AND TO PROVIDE A PENALTY PROVISION; AND TO AMEND SECTION 16-3-1040, AS AMENDED, RELATING TO THE CRIME OF THREATENING THE LIFE, PERSON, OR FAMILY OF A PUBLIC OFFICIAL, TEACHER, PRINCIPAL, OR PUBLIC EMPLOYEE, SO AS TO REVISE THE PENALTY FOR THREATENING THE LIFE, PERSON, OR FAMILY OF A PUBLIC EMPLOYEE, AND TO REVISE THE DEFINITION OF "PUBLIC EMPLOYEE".

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

SECTION    1.    The 1976 Code is amended by adding:

    "Section 16-3-45.    (A)    As used in this section:

        (1)    'Public official' means an elected or appointed official of the United States, of this State, of a county, municipality, or other political subdivision of this State.

        (2)    'Public employee' means a person employed by the State, a county, a municipality, a school district, or a political subdivision of this State.

    (B)    A person who commits an assault and battery against a public official or public employee during the lawful discharge of that person's official duties is guilty of the felony of assault and battery upon a public official or public employee and, upon conviction, must be fined not less than one thousand dollars nor more than then thousand dollars, or imprisoned not more than ten years, or both. A person sentenced under this section for a second or subsequent offense shall not have his sentence suspended to less than six months' imprisonment nor shall the person be eligible for parole until after service of six months."

SECTION    2.    Section 16-3-1040 of the 1976 Code, as last amended by Act 435 of 1998, is further amended to read:

    "Section 16-3-1040.    (A)    It is unlawful for a person knowingly and wilfully to deliver or convey to a public official or to a teacher or principal of an elementary or secondary school any a letter or paper, writing, print, missive, document, or electronic communication or verbal or electronic communication which contains a threat to take the life of or to inflict bodily harm upon the public official, teacher, or principal, or members of his immediate family if the threat is directly related to the public official's, teacher's, or principal's professional responsibilities.

    (B)    It is unlawful for a person knowingly and wilfully to deliver or convey to a public employee a letter or paper, writing, print, missive, document, or electronic communication or verbal or electronic communication which contains a threat to take the life of or to inflict bodily harm upon the public employee or members of his immediate family if the threat is directly related to the public employee's official responsibilities.

    (C)    A person who violates the provisions of subsection (A) or (B), upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both.

    (D)    A person who violates the provisions of subsection (B), upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both.

    (E)    For purposes of this section:

        (1)    'Public official' means an elected or appointed official of the United States or of this State or of a county, municipality, or other political subdivision of this State.

        (2)    'Public employee' means a person employed by the State, a county, a municipality, a school district, or a political subdivision of this State, except that for purposes of this section, a 'public employee' does not include a teacher or principal of an elementary or secondary school.

        (3)    'Immediate family' means the spouse, child, grandchild, mother, father, sister, or brother of the public official, teacher, principal, or public employee."

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