H 5221 General Bill, By M.A. Pitts
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING THE
 EXISTING SECTIONS OF CHAPTER 5, TITLE 16 AS ARTICLE 1 ENTITLED "GENERAL
 PROVISIONS"; AND BY ADDING ARTICLE 3 TO CHAPTER 5, TITLE 16 SO AS TO ENACT THE
 "SELF DEFENSE ACT OF 2008" PROVIDING THAT A PERSON OR ORGANIZATION WHICH
 CREATES A GUN-FREE ZONE IS LIABLE FOR DAMAGES UNDER CERTAIN CIRCUMSTANCES AND
 TO DEFINE THE TERM "GUN-FREE ZONE".

   05/28/08  House  Introduced and read first time HJ-15
   05/28/08  House  Referred to Committee on Judiciary HJ-15

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING THE EXISTING SECTIONS OF CHAPTER 5, TITLE 16 AS ARTICLE 1 ENTITLED "GENERAL PROVISIONS"; AND BY ADDING ARTICLE 3 TO CHAPTER 5, TITLE 16 SO AS TO ENACT THE "SELF DEFENSE ACT OF 2008" PROVIDING THAT A PERSON OR ORGANIZATION WHICH CREATES A GUN-FREE ZONE IS LIABLE FOR DAMAGES UNDER CERTAIN CIRCUMSTANCES AND TO DEFINE THE TERM "GUN-FREE ZONE".

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

SECTION    1.    The existing provisions of Chapter 5, Title 16 of the 1976 Code are designated as Article 1 entitled "General Provisions".

SECTION 2.    Chapter 5, Title 16 of the 1976 Code is amended by adding:

"Article 3

Section 16-5-300.    This article may be cited as the 'Self Defense Act of 2008'.

Section 16-5-310.    For the purposes of this article, the term 'gun-free zone' means any building, place, area, or curtilage open to the public, or in or upon a public conveyance, where a person's right or ability to keep or bear arms is infringed, restricted, or diminished in any way by statute, policy, rule, regulation, ordinance, utterance, or posted sign.

Section 16-5-320.    (A)    Notwithstanding another provision of law, any person, organization, entity, or agency of state government which creates a gun-free zone is liable for damages resulting from criminal conduct which occurs against a person in the gun-free zone if a reasonable person would believe that possession of a firearm by a person in the gun-free zone could have helped the person defend against the criminal conduct.

(B)    If the criminal conduct is the result of a terrorist attack, as defined by federal law, or if a disabled person, a person who is a member of a minority, as defined by federal law, a senior citizen, or a child under the age of sixteen years old is injured, the court may apply treble damages."

SECTION    3.    This act takes effect upon approval by the Governor.