H 3894 General Bill, By Boan
 A BILL TO AMEND CHAPTER 54, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO TAX COLLECTION AND ENFORCEMENT, BY ADDING SECTION 12-54-255 SO AS
 TO PROHIBIT THE USE OF FORCE OR THREATS OF FORCE AGAINST AN OFFICER OR
 EMPLOYEE OF THE DEPARTMENT OF REVENUE ACTING IN THE COURSE OF THE DEPARTMENT'S
 DUTIES, TO PROHIBIT THE USE OF FORCE TO RESCUE PROPERTY SEIZED BY THE
 DEPARTMENT, AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 16-3-1040, AS
 AMENDED, RELATING TO THREATS AGAINST THE LIFE OR FAMILY OF A PUBLIC OFFICIAL,
 SO AS TO INCLUDE "PUBLIC EMPLOYEES" AS A PROTECTED CLASS.

   04/10/97  House  Introduced and read first time HJ-58
   04/10/97  House  Referred to Committee on Judiciary HJ-58

TO AMEND CHAPTER 54, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX COLLECTION AND ENFORCEMENT, BY ADDING SECTION 12-54-255 SO AS TO PROHIBIT THE USE OF FORCE OR THREATS OF FORCE AGAINST AN OFFICER OR EMPLOYEE OF THE DEPARTMENT OF REVENUE ACTING IN THE COURSE OF THE DEPARTMENT'S DUTIES, TO PROHIBIT THE USE OF FORCE TO RESCUE PROPERTY SEIZED BY THE DEPARTMENT, AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 16-3-1040, AS AMENDED, RELATING TO THREATS AGAINST THE LIFE OR FAMILY OF A PUBLIC OFFICIAL, SO AS TO INCLUDE "PUBLIC EMPLOYEES" AS A PROTECTED CLASS.

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

SECTION 1. Chapter 54, Title 12 of the 1976 Code is amended by adding:

"Section 12-54-255. (A) A person who by force or threats of force, including a threatening letter or communication, endeavors to intimidate or impede an officer or employee of the Department of Revenue acting in an official capacity, or in another way by force or threats of force, including a threatening letter or communication, obstructs or impedes, or endeavors to obstruct or impede, the due administration of this title or Title 61, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both.

The term 'threats of force' as used in this subsection, means threats of bodily harm to the officer or employee of the department or to a member of his family.

(B) A person who forcibly rescues or causes to be rescued property after it has been seized under this title or Title 61, or attempts to do so, must be fined not more than five hundred dollars, or not more than double the value of the property rescued, whichever is greater, or imprisoned not more than two years."

SECTION 2. Section 16-3-1040 of the 1976 Code, as last amended by Act 579 of 1990, is further amended to read:

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

(B) Any A person violating who violates the provisions of this section must, upon conviction, must be punished by a term of imprisonment of fined not more than five thousand dollars or imprisoned not more than five years, or both.

(C) For purposes of this section:

(1) 'Public official' means any 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.

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

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