H 4042 General Bill, By Jennings and Boan
 A BILL TO AMEND SECTION 16-23-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE FELONY OF UNLAWFULLY POINTING OR PRESENTING A FIREARM AT
 ANOTHER PERSON, SO AS TO INCREASE THE PENALTIES FOR VIOLATION WHERE THE PERSON
 AT WHOM THE FIREARM IS POINTED IS A LAW ENFORCEMENT OFFICER ACTING IN THE LINE
 OF DUTY WHICH SHALL INCLUDE A MANDATORY MINIMUM TERM OF IMPRISONMENT OF NOT
 LESS THAN TEN YEARS NOR MORE THAN THIRTY YEARS, NO PART OF WHICH MAY BE
 SUSPENDED, PROBATION FOR WHICH MAY NOT BE GRANTED ANY PORTION, AND FOR WHICH A
 PERSON IS NOT ELIGIBLE FOR PAROLE UNTIL HE HAS SERVED AT LEAST SEVEN YEARS OF
 HIS SENTENCE.

   04/16/97  House  Introduced and read first time HJ-39
   04/16/97  House  Referred to Committee on Judiciary HJ-39
   04/29/97  House  Recalled from Committee on Judiciary HJ-110
   05/01/97  House  Requests for debate-Rep(s). Scott, Lloyd,
                     Moody-Lawrence, Howard, Canty & J. Brown HJ-30
   05/07/97  House  Requests for debate removed-Rep(s). J. Brown HJ-78
   05/14/97  House  Read second time HJ-77
   05/14/97  House  Roll call Yeas-101  Nays-1 HJ-77
   05/15/97  House  Read third time and sent to Senate HJ-83
   05/20/97  Senate Introduced and read first time SJ-13
   05/20/97  Senate Referred to Committee on Judiciary SJ-13

RECALLED

April 29, 1997

H. 4042

S. Printed 4/29/97--H.

Read the first time April 16, 1997.

TO AMEND SECTION 16-23-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FELONY OF UNLAWFULLY POINTING OR PRESENTING A FIREARM AT ANOTHER PERSON, SO AS TO INCREASE THE PENALTIES FOR VIOLATION WHERE THE PERSON AT WHOM THE FIREARM IS POINTED IS A LAW ENFORCEMENT OFFICER ACTING IN THE LINE OF DUTY WHICH SHALL INCLUDE A MANDATORY MINIMUM TERM OF IMPRISONMENT OF NOT LESS THAN TEN YEARS NOR MORE THAN THIRTY YEARS, NO PART OF WHICH MAY BE SUSPENDED, PROBATION FOR WHICH MAY NOT BE GRANTED FOR ANY PORTION, AND FOR WHICH A PERSON IS NOT ELIGIBLE FOR PAROLE UNTIL HE HAS SERVED AT LEAST SEVEN YEARS OF HIS SENTENCE.

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

SECTION 1. Section 16-23-410 of the 1976 Code, as last amended by Section 46, Act 184 of 1993, is further amended to read:

"Section 16-23-410. (A) It is unlawful for a person to present or point at another person a loaded or unloaded firearm.

(B) A person who violates the provisions of this section, where the person at whom the firearm is pointed is not a law enforcement officer acting in the line of duty, is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years.

(C) A person who violates the provisions of this section where the person at whom the firearm is pointed is a law enforcement officer acting in the line of duty is guilty of a felony and, upon conviction, must be imprisoned for a mandatory minimum term of not less than ten years nor more than thirty years, no part of which may be suspended or probation granted for any portion. A person convicted under this subsection is not eligible for parole until the person has served at least seven years of the sentence.

(D) This section must not be construed to abridge the right of self-defense or to apply to theatricals or like performances."

SECTION 2. This act takes effect upon approval by the Governor.