H*3473(Rat #0306, Act #0229 of 2004)  General Bill, By Jennings, Hosey, Whipper, 
Bales, Branham, Breeland, Haskins, Herbkersman, J. Hines, M. Hines, Littlejohn, 
Lloyd, Rivers, Simrill, Vaughn, Witherspoon and J.E. Smith
 AN ACT TO AMEND SECTION 16-17-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE DESTRUCTION OR DESECRATION OF HUMAN REMAINS OR
 REPOSITORIES OF HUMAN REMAINS, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A
 PERSON TO WILFULLY AND KNOWINGLY STEAL ANYTHING OF VALUE FROM CERTAIN
 REPOSITORIES OF HUMAN REMAINS, TO MAKE A TECHNICAL CHANGE, AND TO REVISE THE
 PENALTY. - ratified title

   01/30/03  House  Introduced and read first time HJ-1
   01/30/03  House  Referred to Committee on Judiciary HJ-2
   02/12/03  House  Member(s) request name added as sponsor: J.E.Smith
   02/26/03  House  Committee report: Favorable Judiciary HJ-6
   02/27/03  House  Read second time HJ-11
   03/04/03  House  Read third time and sent to Senate HJ-85
   03/05/03  Senate Introduced and read first time SJ-11
   03/05/03  Senate Referred to Committee on Judiciary SJ-11
   04/21/04  Senate Committee report: Favorable with amendment
                     Judiciary SJ-50
   04/22/04         Scrivener's error corrected
   04/28/04  Senate Amended SJ-73
   04/28/04  Senate Read second time SJ-73
   04/29/04  Senate Read third time and returned to House with
                     amendments SJ-23
   04/29/04         Scrivener's error corrected
   05/05/04  House  Concurred in Senate amendment and enrolled HJ-12
   05/06/04         Ratified R 306
   05/11/04         Signed By Governor
   05/14/04         Copies available
   05/14/04         Effective date 05/11/04
   05/18/04         Act No. 229

(A229, R306, H3473)

AN ACT TO AMEND SECTION 16-17-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESTRUCTION OR DESECRATION OF HUMAN REMAINS OR REPOSITORIES OF HUMAN REMAINS, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO WILFULLY AND KNOWINGLY STEAL ANYTHING OF VALUE FROM CERTAIN REPOSITORIES OF HUMAN REMAINS, TO MAKE A TECHNICAL CHANGE, AND TO REVISE THE PENALTY.

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

Destruction or desecration of human remains

SECTION    1.    Section 16-17-600(C) of the 1976 Code, as last amended by Act 307 of 1998, is further amended to read:

"(C)(1)     It is unlawful for a person wilfully and knowingly to steal anything of value located upon or around a repository for human remains or within a human graveyard, cemetery, or memorial park, or for a person wilfully, knowingly, and without proper legal authority to destroy, tear down, or injure any fencing, plants, trees, shrubs, or flowers located upon or around a repository for human remains, or within a human graveyard, cemetery, or memorial park.

(2)    A person violating the provisions of item (1) is guilty of:

(a)    a felony and, upon conviction, if the theft of, destruction to, injury to, or loss of property is valued at two hundred dollars or more, must be fined not more than five thousand dollars or imprisoned not more than five years, or both, and must be required to perform not more than five hundred hours of community service;

(b)    a misdemeanor triable in magistrates court if the theft of, destruction to, injury to, or loss of property is valued at less than two hundred dollars. Upon conviction, a person must be fined, imprisoned, or both, pursuant to the jurisdiction of magistrates as provided in Section 22-3-550, and must be required to perform not more than two hundred fifty hours of community service."

Time effective

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

Ratified the 6th day of May, 2004.

Approved the 11th day of May, 2004.