S*0090(Rat #0402, Act #0362 of 1996)  General Bill, By Wilson, Elliott, Giese and 
M.T. Rose
 A Bill to amend Section 16-11-330, as amended, Code of Laws of South Carolina,
 1976, relating to the crimes of armed robbery and attempted armed robbery, so
 as to extend the offense to cases in which a person alleges he is armed while
 using a representation of a deadly weapon or an object which a person may
 reasonably believe to be a deadly weapon; to amend Section 23-11-110, as
 amended, relating to qualifications for sheriffs, so as to revise the period
 when a sheriff must file his fingerprints with the State Law Enforcement
 Division, and the period when a candidate for the office of sheriff shall file
 a sworn affidavit with the county executive committee of its political party;
 and to provide a transitional period for the implementation of the revised
 period for a sheriff to file his fingerprints with the State Law Enforcement
 Division.-amended title

   10/03/94  Senate Prefiled
   10/03/94  Senate Referred to Committee on Judiciary
   01/10/95  Senate Introduced and read first time SJ-35
   01/10/95  Senate Referred to Committee on Judiciary SJ-35
   04/18/95  Senate Committee report: Favorable Judiciary SJ-26
   04/19/95  Senate Read second time SJ-118
   04/20/95  Senate Read third time and sent to House SJ-20
   04/25/95  House  Introduced and read first time HJ-9
   04/25/95  House  Referred to Committee on Judiciary HJ-9
   05/18/95  House  Committee report: Favorable with amendment
                     Judiciary HJ-40
   05/23/95  House  Debate adjourned until Thursday, May 25, 1995 HJ-163
   05/25/95  House  Amended HJ-14
   05/25/95  House  Read second time HJ-40
   05/25/95  House  Unanimous consent for third reading on next
                     legislative day HJ-40
   05/26/95  House  Read third time and returned to Senate with
                     amendments HJ-1
   05/30/95  Senate Non-concurrence in House amendment SJ-53
   05/31/95  House  House insists upon amendment and conference
                     committee appointed Reps. Reps. Harrison,
                     Limbaugh & Martin HJ-5
   05/31/95  Senate Conference committee appointed Sens. Courson,
                     Holland, Moore SJ-118
   06/01/95  Senate  Sen. Courson resigns, Sen. Stilwell appointed SJ-90
   04/25/96  Senate  Sen. Stilwell replaced with Sen. Wilson SJ-2
   05/07/96  Senate Free conference powers granted SJ-21
   05/07/96  Senate Free conference committee appointed Sens. Moore,
                     Holland, Wilson SJ-21
   05/07/96  Senate Free conference report received and adopted SJ-21
   05/15/96  House  Free conference powers granted HJ-23
   05/15/96  House  Free conference committee appointed Harrison,
                     Limbaugh & Martin HJ-25
   05/15/96  House  Free conference report received and adopted HJ-25
   05/16/96  Senate Ordered enrolled for ratification SJ-7
   05/23/96         Ratified R 402
   05/29/96         Signed By Governor
   05/29/96         Effective date 05/29/96 and Sections 2 & 3 apply
                     with respect to candidates filing for election
                     beginning 01/01/96
   06/14/96         Copies available
   06/14/96         Act No. 362

AN ACT TO AMEND SECTION 16-11-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIMES OF ARMED ROBBERY AND ATTEMPTED ARMED ROBBERY, SO AS TO EXTEND THE OFFENSE TO CASES IN WHICH A PERSON ALLEGES HE IS ARMED WHILE USING A REPRESENTATION OF A DEADLY WEAPON OR AN OBJECT WHICH A PERSON MAY REASONABLY BELIEVE TO BE A DEADLY WEAPON; TO AMEND SECTION 23-11-110, AS AMENDED, RELATING TO QUALIFICATIONS FOR SHERIFFS, SO AS TO REVISE THE PERIOD WHEN A SHERIFF MUST FILE HIS FINGERPRINTS WITH THE STATE LAW ENFORCEMENT DIVISION, AND THE PERIOD WHEN A CANDIDATE FOR THE OFFICE OF SHERIFF SHALL FILE A SWORN AFFIDAVIT WITH THE COUNTY EXECUTIVE COMMITTEE OF ITS POLITICAL PARTY; AND TO PROVIDE A TRANSITIONAL PERIOD FOR THE IMPLEMENTATION OF THE REVISED PERIOD FOR A SHERIFF TO FILE HIS FINGERPRINTS WITH THE STATE LAW ENFORCEMENT DIVISION.

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

Armed robbery and attempted armed robbery

SECTION 1. Section 16-11-330 of the 1976 Code, as last amended by Section 170, Act 184 of 1993, is further amended to read:

"Section 16-11-330. (A) A person convicted for the crime of robbery while armed with a pistol, dirk, slingshot, metal knuckles, razor, or other deadly weapon, or while alleging, either by action or words, he was armed while using a representation of a deadly weapon or any object which a person present during the commission of the robbery reasonably believed to be a deadly weapon must be imprisoned not more than thirty years, no part of which may be suspended. A person convicted under the provisions of this subsection is not eligible for parole until he has served at least seven years of his sentence.

(1) A person under the age of twenty-one sentenced under the provisions of Chapter 19 of Title 24 (Youthful Offenders Act) convicted of armed robbery shall receive and serve a minimum sentence of at least three years, no part of which may be suspended. The person is not eligible for parole or probation until he has served a three-year minimum sentence.

(2) A person between the ages of twenty-one and twenty-five, who is convicted of armed robbery, may not be sentenced under the provisions of Chapter 19 of Title 24 (Youthful Offenders Act).

(B) A person convicted for attempted robbery while armed with a pistol, dirk, slingshot, metal knuckles, razor, or other deadly weapon, while alleging, either by action or words, he was armed while using a representation of a deadly weapon or any object which a person present during the commission of the attempted robbery reasonably believed to be a deadly weapon must be imprisoned not more than twenty years."

Fingerprint

SECTION 2. Section 23-11-110(A)(7) of the 1976 Code, as amended by Act 19 of 1993, is further amended to read:

"(7) be fingerprinted and have the State Law Enforcement Division make a search of local, state, and federal fingerprint files for any criminal record. Fingerprints are to be taken under the direction of any law enforcement agency and must be made available to SLED no later than one hundred thirty days prior to the general election. The results of the records search are to be filed with the county executive committee of the person's political party. A person seeking nomination by petition must file the records search with the county election commission in the county of his residence."

Filing for the office of sheriff

SECTION 3. Section 23-11-110(B)(1) of the 1976 Code, as amended by Act 19 of 1993, is further amended to read:

"(1) A person offering his candidacy for the office of sheriff, shall file a sworn affidavit, no later than the close of filing, with the county executive committee of the person's political party. The county executive committee of any political party with whom a person has filed his affidavit must file a copy of the affidavit with the appropriate county election commission by noon on the tenth day following the deadline for filing affidavits by candidates. If the tenth day falls on Saturday, Sunday, or a holiday, the affidavits must be filed by noon the following day. A person seeking nomination by petition must file a sworn affidavit with the county election commission in the county of his residence."

Transition period

SECTION 4. For the General Election of 1996 only, the deadline for making available fingerprint records to the State Law Enforcement Division by candidates for sheriff pursuant to provisions of Section 23-11-110(A)(7) and the deadline for filing the sworn affidavit with the county executive committee pursuant to the provisions of Section 23-11-110(B)(1) is extended until noon forty-five days before the general election.

Time effective

SECTION 5. This act takes effect upon approval by the Governor and Sections 2 and 3 apply with respect to candidates filing for election beginning January 1, 1996.

Approved the 29th day of May, 1996.