S 0330 General Bill, By Alexander
 A BILL TO AMEND SECTION 16-3-1040, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THREATENING THE LIFE, PERSON, OR FAMILY OF A PUBLIC
 OFFICIAL, PUBLIC EMPLOYEE, TEACHER, OR PRINCIPAL, SO AS TO PROVIDE THAT THESE
 PROVISIONS APPLY TO ANY PERSON AS WELL AS THOSE INDIVIDUALS DESIGNATED ABOVE
 AND TO MAKE TECHNICAL CHANGES IN THE SECTION.

   02/05/03  Senate Introduced and read first time SJ-8
   02/05/03  Senate Referred to Committee on Judiciary SJ-8

TO AMEND SECTION 16-3-1040, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THREATENING THE LIFE, PERSON, OR FAMILY OF A PUBLIC OFFICIAL, PUBLIC EMPLOYEE, TEACHER, OR PRINCIPAL, SO AS TO PROVIDE THAT THESE PROVISIONS APPLY TO ANY PERSON AS WELL AS THOSE INDIVIDUALS DESIGNATED ABOVE AND TO MAKE TECHNICAL CHANGES IN THE SECTION.

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

SECTION    1.    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 or any other person 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 a 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 or any other person 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 a 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), 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    2.    This act takes effect upon approval by the Governor.