S*0969(Rat #0505, Act #0457 of 1988)  General Bill, By W.R. Lee
 A Bill to amend Section 16-23-50, Code of Laws of South Carolina, 1976,
 relating to offenses involving pistols, penalties, disposition of fines, and
 the forfeiture and disposition of pistols, so as to allow law enforcement
 agencies that receive confiscated pistols to trade them with a retail dealer
 for a pistol or any other equipment approved by the agency; and to amend
 Section 16-1-10, as amended, relating to crimes classified as felonies, so as
 to include violations of Article 1, Chapter 23, Title 16 relating to offenses
 involving pistols, with the exception of Section 16-23-20.

   12/21/87  Senate Prefiled
   12/21/87  Senate Referred to Committee on Judiciary
   01/12/88  Senate Introduced and read first time SJ-238
   01/12/88  Senate Referred to Committee on Judiciary SJ-239
   02/17/88  Senate Committee report: Favorable Judiciary SJ-11
   03/02/88  Senate Read second time SJ-35
   03/03/88  Senate Read third time and sent to House SJ-57
   03/08/88  House  Introduced and read first time HJ-1806
   03/08/88  House  Referred to Committee on Judiciary HJ-1806
   03/30/88  House  Committee report: Favorable Judiciary HJ-2398
   04/13/88  House  Read second time HJ-2716
   04/14/88  House  Read third time and enrolled HJ-2931
   04/19/88         Ratified R 505
   04/22/88         Signed By Governor
   04/22/88         Effective date 04/22/88
   04/22/88         Act No. 457
   05/03/88         Copies available

AN ACT TO AMEND SECTION 16-23-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES INVOLVING PISTOLS, PENALTIES, DISPOSITION OF FINES, AND THE FORFEITURE AND DISPOSITION OF PISTOLS, SO AS TO ALLOW LAW ENFORCEMENT AGENCIES THAT RECEIVE CONFISCATED PISTOLS TO TRADE THEM WITH A RETAIL DEALER FOR A PISTOL OR ANY OTHER EQUIPMENT APPROVED BY THE AGENCY; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE VIOLATIONS OF ARTICLE 1, CHAPTER 23, TITLE 16 RELATING TO OFFENSES INVOLVING PISTOLS, WITH THE EXCEPTION OF SECTION 16-23-20.

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

"Other equipment" allowed for trade

SECTION 1. Section 16-23-50 of the 1976 Code is amended to read:

"Section 16-23-50. Any person, including a dealer, violating any of the provisions of this article, except Section 16-23-20, is guilty of a felony and, upon conviction, must be fined not more than two thousand dollars or be imprisoned for not more than two years, or both. Any person violating the provisions of Section 16-23-20 is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or be imprisoned for not more than one year, or both.

When a violation occurs within a municipality, the fines collected must be delivered to the municipality by the clerk of court. If the violation occurs outside a municipality, the fines must be delivered to the county treasurer.

In addition to the penalty provided in this section, the pistol involved in the violation of this article must be confiscated. The pistol must be delivered to the chief of police of the municipality or to the sheriff of the county, if the violation occurred outside the corporate limits of a municipality. The law enforcement agencies that receive the confiscated pistols may use them within their department, transfer them to another law enforcement agency for their lawful use, transfer them to the clerk of court or mayor who shall dispose of them as provided by Section 16-23-500, or trade them with a retail dealer licensed to sell pistols in this State for a pistol or any other equipment approved by the agency. If the State Law Enforcement Division seized the pistol, it may keep it for use by its forensic laboratory. Records must be kept of all confiscated pistols received by the law enforcement agencies under the provisions of this article."

Offenses added to list of felonies

SECTION 2. Violations of Article 1, Chapter 23, Title 16 of the 1976 Code, relating to offenses involving pistols, with the exception of Section 16-23-20 of that article, are added to the list of crimes classified as felonies in Section 16-1-10.

Time effective

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