H 3950 General Bill, By Kelley, Edge, Lourie, Ott, Sandifer, Sinclair, Snow, 
Walker and Witherspoon
 A BILL TO AMEND SECTION 16-23-750, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE FELONY OFFENSE OF MAKING A BOMB THREAT, SO AS TO PROVIDE A
 DRIVER'S LICENSE SUSPENSION OF TWO YEARS FOR A PERSON UNDER THE AGE OF
 TWENTY-ONE YEARS CONVICTED OF OR ADJUDICATED DELINQUENT OF THIS OFFENSE IF THE
 THREAT WAS MADE AGAINST A SCHOOL OR SCHOOL-SPONSORED EVENT.

   04/18/01  House  Introduced and read first time HJ-5
   04/18/01  House  Referred to Committee on Judiciary HJ-5

TO AMEND SECTION 16-23-750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FELONY OFFENSE OF MAKING A BOMB THREAT, SO AS TO PROVIDE A DRIVER'S LICENSE SUSPENSION OF TWO YEARS FOR A PERSON UNDER THE AGE OF TWENTY-ONE YEARS CONVICTED OF OR ADJUDICATED DELINQUENT OF THIS OFFENSE IF THE THREAT WAS MADE AGAINST A SCHOOL OR SCHOOL-SPONSORED EVENT.

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

SECTION    1.    Section 16-23-750 of the 1976 Code, as added by Act 237 of 2001, is amended to read:

    "Section 16-23-750.    A person who communicates a threat or conveys false information, knowing the information to be false, concerning an attempt or alleged attempt being made or to be made to kill, injure, or intimidate any person or to damage or destroy any building or other real or personal property by means of an explosive, incendiary, or destructive device or who aids, agrees with, employs, or conspires with any person to do or cause to be done any of the acts in this section, is guilty of a felony and, upon conviction, for a first offense must be imprisoned for not less than one year nor more than ten years. For a second or subsequent offense, the person must be imprisoned for not less than five years nor more than fifteen years. A sentence imposed for a violation of this section must not be suspended and probation must not be granted.

    If a person convicted of this offense or adjudicated delinquent in family court on a petition alleging the elements of this offense was under the age of twenty-one years at the time of the commission of the offense, and the object of the threat or false information was school property or property used for a school-sponsored event, then the court shall notify the Department of Public Safety and the department shall suspend the driver's license of the person convicted or adjudicated for two years. This suspension runs consecutively to any other suspension. If the person does not possess a license, he is prohibited from obtaining a license for two years following conviction or adjudication. If the person is unable to have a license by reason of age, he is prohibited from obtaining a license or permit for two years beginning on the date he would be eligible by reason of age for a license. If on the date the period of suspension or prohibition would otherwise begin the person is imprisoned or institutionalized, the period of suspension or prohibition is tolled until the person is released."

SECTION    2.    This act takes effect upon approval by the Governor and applies to offenses occurring on or after that date.