S 493 Session 110 (1993-1994)
S 0493 General Bill, By Leventis, Bryan, Cork, Hayes, McConnell, Passailaigue and
Wilson
Similar(H 3645)
A Bill to amend Section 11-35-4220, Code of Laws of South Carolina, 1976,
relating to debarment or suspension from consideration for award of contracts
under the Procurement Code, so as to include conviction for criminal violation
of state or federal environmental law as a cause for debarment or suspension;
to amend Section 16-11-700, as amended, relating to the offense of littering
for commercial and noncommercial purposes and increase penalties; to amend
Section 44-55-90, relating to penalties pertaining to the Safe Drinking Water
Act, so as to revise the penalties and provide for a felony instead of a
misdemeanor offense and an offense of knowing endangerment; to amend Section
44-56-20, relating to definitions pertaining to the Hazardous Waste Management
Act, so as to provide for a definition of "person"; to amend Section
44-56-140, relating to penalties pertaining to the Hazardous Waste Management
Act, so as to provide for a felony instead of a misdemeanor offense, revise
penalties, and provide for offenses for knowingly withholding or destroying
information or making false statements or records and for knowing
endangerment; to amend Section 44-93-150, relating to penalties pertaining to
the Infectious Waste Management Act, so as to provide for a felony instead of
a misdemeanor, revise penalties, and provide for offenses for false
representations, destruction or concealment of records, withholding
information, and knowing endangerment; to amend Section 48-1-320, relating to
penalties pertaining to the Pollution Control Act, so as to revise penalties
and provide for felony offenses for knowingly violating the Act and for
knowing endangerment; and to amend Section 16-1-10, as amended, relating to
crimes classified as felonies, so as to include the offenses provided for in
Sections 44-55-90, 44-56-140, 44-93-150, and 48-1-320.
03/03/93 Senate Introduced and read first time SJ-6
03/03/93 Senate Referred to Committee on Judiciary SJ-6
A BILL
TO AMEND SECTION 11-35-4220, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO DEBARMENT OR SUSPENSION
FROM CONSIDERATION FOR AWARD OF CONTRACTS UNDER
THE PROCUREMENT CODE, SO AS TO INCLUDE CONVICTION
FOR CRIMINAL VIOLATION OF STATE OR FEDERAL
ENVIRONMENTAL LAW AS A CAUSE FOR DEBARMENT OR
SUSPENSION; TO AMEND SECTION 16-11-700, AS AMENDED,
RELATING TO THE OFFENSE OF LITTERING, SO AS TO
DISTINGUISH LITTERING FOR COMMERCIAL AND
NONCOMMERCIAL PURPOSES AND INCREASE PENALTIES; TO
AMEND SECTION 44-55-90, RELATING TO PENALTIES
PERTAINING TO THE SAFE DRINKING WATER ACT, SO AS TO
REVISE THE PENALTIES AND PROVIDE FOR A FELONY
INSTEAD OF A MISDEMEANOR OFFENSE AND AN OFFENSE OF
KNOWING ENDANGERMENT; TO AMEND SECTION 44-56-20,
RELATING TO DEFINITIONS PERTAINING TO THE
HAZARDOUS WASTE MANAGEMENT ACT, SO AS TO PROVIDE
FOR A DEFINITION OF "PERSON"; TO AMEND
SECTION 44-56-140, RELATING TO PENALTIES PERTAINING TO
THE HAZARDOUS WASTE MANAGEMENT ACT, SO AS TO
PROVIDE FOR A FELONY INSTEAD OF A MISDEMEANOR
OFFENSE, REVISE PENALTIES, AND PROVIDE FOR OFFENSES
FOR KNOWINGLY WITHHOLDING OR DESTROYING
INFORMATION OR MAKING FALSE STATEMENTS OR
RECORDS AND FOR KNOWING ENDANGERMENT; TO AMEND
SECTION 44-93-150, RELATING TO PENALTIES PERTAINING TO
THE INFECTIOUS WASTE MANAGEMENT ACT, SO AS TO
PROVIDE FOR A FELONY INSTEAD OF A MISDEMEANOR,
REVISE PENALTIES, AND PROVIDE FOR OFFENSES FOR FALSE
REPRESENTATIONS, DESTRUCTION OR CONCEALMENT OF
RECORDS, WITHHOLDING INFORMATION, AND KNOWING
ENDANGERMENT; TO AMEND SECTION 48-1-320, RELATING
TO PENALTIES PERTAINING TO THE POLLUTION CONTROL
ACT, SO AS TO REVISE PENALTIES AND PROVIDE FOR
FELONY OFFENSES FOR KNOWINGLY VIOLATING THE ACT
AND FOR KNOWING ENDANGERMENT; AND TO AMEND
SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES
CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE OFFENSES
PROVIDED FOR IN SECTIONS 44-55-90, 44-56-140, 44-93-150,
AND 48-1-320.
Whereas, the General Assembly believes that South Carolina possesses
the finest natural resources in the nation; and
Whereas, the General Assembly believes it is critical that South
Carolina's natural resources be preserved and that South Carolina's
environment be protected; and
Whereas, the General Assembly believes that South Carolina's people
are this State's most precious resource, that the quality of life of every
South Carolina citizen is fundamentally important, and that the health
and well-being of every South Carolinian is crucial to South Carolina's
future; and
Whereas, the General Assembly finds that the protection of South
Carolina's environment is linked closely to the growth of this State's
economy and expansion of its job base, and that violations of laws
protecting the environment put honest businesses at a competitive
disadvantage in the market place; and
Whereas, the General Assembly finds that South Carolina's laws
protecting the environment must be strengthened so that those who
would intentionally harm the environment are punished adequately and
so that intentional violations are deterred fully. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act is known as The Omnibus Environmental
Penalties Act.
SECTION 2. Section 11-35-4220(3) of the 1976 Code is amended to
read:
"(3) Causes for Debarment or Suspension. The causes for
debarment or suspension shall include, but are not
be limited to, the following:
(a) conviction for commission of a criminal offense as an incident
to obtaining or attempting to obtain a public or private contract or
subcontract, or in the performance of such the contract
or subcontract;
(b) conviction under state or federal statutes of embezzlement,
theft, forgery, bribery, falsification or destruction of records, receiving
stolen property, or any other another offense
indicating a lack of business integrity or professional honesty which
currently, seriously, and directly affects responsibility as a state
contractor;
(c) conviction for criminal violation of state or federal
environmental laws;
(c)(d) conviction under state or federal
antitrust laws arising out of the submission of bids or proposals;
(d)(e) violation of contract provisions, as set forth
below, of a character which is regarded by the appropriate chief
procurement officer to be so serious as to justify debarment action:
(i) deliberate failure without good cause to perform in
accordance with the specifications or within the time limit provided in
the contract; or
(ii) a recent record of failure to perform or of unsatisfactory
performance in accordance with the terms of one or more contracts;
provided. However, that failure to perform or
unsatisfactory performance caused by acts beyond the control of the
contractor shall must not be considered to be a basis for
debarment;
(e)(f) any other another cause the
appropriate chief procurement officer determines to be so serious and
compelling as to affect responsibility as a state contractor, including
debarment by another governmental entity for any a
cause listed herein in this section."
SECTION 3. Section 16-11-700 of the 1976 Code, as last amended by
Act 307 of 1992, is further amended to read:
"Section 16-11-700. (A) No person may dump, throw, drop,
deposit, discard, or otherwise dispose of litter or other solid waste as
defined by Section 44-96-3040(46) upon any
public or private property or waters in the State whether from a vehicle
or otherwise, including, but not limited to, a public highway,
a public park, a beach, a campground, forest
land, a recreational area, a trailer park, a
highway, a road, a street, or an alley except:
(1) when the property is designated by the State for the disposal
of litter and other solid waste and the person is authorized to use the
property for that purpose;
(2) into a litter receptacle in a manner that the litter is prevented
from being carried away or deposited by the elements upon a part of the
private or public property or waters.
(B) Responsibility for the removal of litter from property or
receptacles is upon the person convicted under this section of littering
the property or receptacles. However, if there is no conviction, the
responsibility is upon the owner of the property or upon the owner of the
property where the receptacle is located.
(C)(1) A person who violates the provisions of this section
in an amount less than fifteen pounds in weight or twenty-seven cubic
feet in volume, and not for commercial purposes, is guilty of a
misdemeanor and, upon conviction, must be fined not less than one
hundred dollars nor more than two hundred dollars or
imprisoned for not more than thirty days for each offense. In
addition to a fine and for each offense under the provisions of
this item, the court shall also shall impose a minimum
of five hours of litter-gathering labor or other form of public service as
the court may order because of physical or other incapacities, and which
is under the supervision of the court.
(2) The fine for a deposit of a collection of litter or garbage in an
area or facility not intended for public deposit of litter or garbage is two
hundred dollars. The provisions of This item apply
applies to a deposit of litter or garbage, as defined in Section
44-67-30(4), in an area or facility not intended for public deposit of litter
or garbage, but this does not prohibit a private property owner from
depositing litter or garbage as a property enhancement if the depositing
does not violate applicable local or state health and safety regulations.
In addition to a fine and for each offense under the provisions of
this item the court shall also shall impose a minimum
of five hours of litter-gathering labor or other form of public service as
the court may order because of physical or other incapacities, and which
is under the supervision of the court.
(3) The court, in lieu of payment of the monetary fine imposed for
a violation of this section, may direct the substitution of additional
litter-gathering labor or other form of public service as it may order
because of physical or other incapacities, under the supervision of the
court, not to exceed one hour for each five dollars of fine imposed.
(4) For a second and subsequent convictions under the
provisions of items item (1) or (2) of this subsection, a
minimum of twenty hours of community service must be imposed in
addition to a fine.
(5) In addition to any other punishment authorized by this
section, in the discretion of the court in which conviction is obtained,
the person may be directed by the judge to pick up and remove from
any a public place or any private property, with
prior permission of the legal owner upon which it is established by
competent evidence that the person has deposited litter, all litter
deposited on the place or property by anyone before the date of
execution of sentence.
(6) Magistrates' and municipal courts have jurisdiction to try
violations of subsections (A), (B), (C), and (D) of this section.
(D) Any A person who violates the provisions
of this section in an amount exceeding fifteen pounds in weight or
twenty-seven cubic feet in volume, but not exceeding five hundred
pounds or one hundred cubic feet, and not for commercial
purposes, is guilty of a misdemeanor and, upon conviction, must be
fined not less than two hundred dollars nor more than five
hundred dollars or imprisoned for not more than ninety days. In
addition, the court shall require the violator to pick up litter or perform
other community service commensurate with the offense committed.
(E)(1) Any A person who violates the provisions
of this section in an amount exceeding five hundred pounds in
weight or one hundred cubic feet in volume, or in any quantity for
commercial purposes, is guilty of a felony and, upon conviction,
must be fined not less than five hundred dollars nor more than
one thousand dollars, or imprisoned not more than one
year five years, or both. In addition, the court may order the
violator to:
(a) remove or render harmless the litter that he dumped
in violation of this subsection;
(b) repair or restore property damaged by, or pay damages for
damage arising out of, his dumping litter in violation of this subsection;
or
(c) perform community public service relating to the removal
of litter dumped in violation of this subsection or relating to the
restoration of an area polluted by litter dumped in violation of this
subsection.
(2) A court may enjoin a violation of this subsection.
(3) A motor vehicle, vessel, aircraft, container, crane, winch, or
machine involved in the disposal of more than five hundred pounds in
weight or more than one hundred cubic feet in volume of litter in
violation of this subsection is declared contraband and is subject to
seizure and summary forfeiture to the State.
(4) If a person sustains damages arising out of a violation of this
subsection that is punishable as a felony, a court, in a civil action for
such the damages, shall order the person to pay the
injured party threefold the actual damages or two hundred dollars,
whichever amount is greater. In addition, the court shall order the
person to pay the injured party's court costs and attorney's fees.
(5) No part of a fine imposed pursuant to this section may be
suspended.
(6) In addition to the fines provided for in subsections (C), (D),
and (E) of this section, a fee of twenty-five dollars is assessed to
all persons convicted or pleading guilty or nolo contendere for violating
the provisions of this section. This fee goes to the general fund
of the municipality, or if the violation occurred within an unincorporated
area of the county, the fee goes to the general fund of the county and
must be used to defray the cost of supervising those persons who have
been ordered to do public service pursuant to the provisions of
this section.
(7) For purposes of this subsection if a person dumps litter
from a commercial vehicle, it is permissible to infer that the person
dumped the litter for commercial purposes.
(a) `Commercial purpose' means for the purpose of economic
gain.
(b) `Commercial vehicle' means a vehicle owned and used by
a business, corporation, association, partnership, sole proprietorship or
any entity conducting business for a commercial purpose.
(F) For a second or subsequent conviction under this section, the
maximum fines and terms of imprisonment are doubled.
SECTION 4. Section 44-55-90 of the 1976 Code is amended to read:
"Section 44-55-90. (a) Any (A)(1) A person
wilfully violating the provisions of who knowingly
violates Section 44-55-80 shall be deemed is guilty
of a misdemeanor felony and, upon a
first conviction, shall must be fined not
more than ten fifty thousand dollars for each day of
violation or imprisoned for not more than one year
five years, or both, for each day of violation. If the
conviction is for a second or subsequent offense, the maximum fine and
term of imprisonment is doubled.
(2)(a) A person who knowingly violates Section 44-55-80, who
knows at that time he thereby places another person in imminent danger
of death or serious bodily injury, upon conviction, shall be fined not
more than two hundred fifty thousand dollars or imprisoned not more
than fifteen years, or both. A person other than an individual who
violates this subsection, upon conviction, shall be fined not more than
one million dollars.
(b) For purposes of this item:
(i) A person's state of mind is knowing with respect to:
1. his conduct, if he is aware of the nature of his conduct;
2. an existing circumstance, if he is aware or believes that
the circumstance exists; or
3. a result of his conduct, if he is aware or believes that his
conduct is substantially certain to cause danger or death or serious
bodily injury.
(ii) In determining whether a defendant who is a natural
person knew that his conduct placed another person in imminent danger
of death or serious bodily injury:
1. The person is responsible only for actual awareness or
actual belief that he possessed.
2. Knowledge possessed by a person other than the
defendant but not by the defendant himself may not be attributed to the
defendant. Provided, that in proving the defendant's possession of actual
knowledge, circumstantial evidence may be used, including evidence
that the defendant took affirmative steps to shield himself from relevant
information.
(iii) The term `serious bodily injury' means:
1. bodily injury which involves a substantial risk of death;
2. unconsciousness;
3. extreme physical pain;
4. protracted and obvious disfigurement; or
5. protracted loss or impairment of the function of a bodily
member, organ, or mental faculty.
(iv) A criminal penalty imposed for a violation of this article
is in addition to and not in lieu of any civil or administrative penalty or
sanction otherwise authorized by law.
(v) Each day of violation constitutes a separate offense.
(b)(B)(1) Any A violation of
Section 44-55-80 by any a person shall render
renders the violator liable to the State for a civil penalty of a
sum which is not more than five thousand dollars for each day of
violation.
(2) The department may administer penalties as otherwise
provided herein for violations of this article, including
any an order, a permit, a
regulation, or a standard or may request the Attorney
General to commence an action under this subsection in an appropriate
court of the State to secure such the penalty.
(c)(C) The department may cause to be instituted
a civil action in any a court of applicable jurisdiction for
injunctive relief to prevent a violation of this article or
any an order issued pursuant to Sections 44-55-40,
44-55-60, and 44-55-70."
SECTION 5. Section 44-56-20 of the 1976 Code is amended by
adding:
"(15) `Person' means an individual, a trust, a firm, a joint stock
company, a federal agency, a corporation including a government
corporation, a partnership, an association, a state, a municipality, a
commission, a political subdivision of a state, an interstate body, or
another legal entity."
SECTION 6. Section 44-56-140 of the 1976 Code is amended to read:
"Section 44-56-140. (A) Whenever the department finds that
any a person is in violation of any a
permit, regulation, standard, or requirement under this chapter, the
department may issue an order requiring such the
person to comply with such the permit, regulation,
standard, or requirement, or the department may request that the
Attorney General bring a civil action for injunctive relief in the
appropriate court; or, the department may request that the
Attorney General bring a civil enforcement action under
subsection (B) of this section. A violation of any
a court order issued pursuant to this section shall be
is deemed contempt of the issuing court and punishable
therefor for contempt as provided by law. The
department also may also invoke civil penalties as
provided in this section for violations of the provisions of this
chapter, including any an order, a
permit, a regulation, or a standard.
Any A person against whom a civil penalty is invoked
by the department may appeal the decision of the department to the
Court of Common Pleas in Richland County.
(B) Any A person who violates any
a provision of Section 44-56-130 shall be is
liable for a civil penalty not to exceed twenty-five thousand dollars
per for each day of violation.
(C) Any A person who willfully:
(1) knowingly violates any a provision of
Section 44-56-130 shall be deemed is guilty of a
misdemeanor felony and, upon
conviction, shall must be fined not more than
twenty-five fifty thousand dollars per day of
violation or imprisoned for not more than one year
five years, or both, for each day of violation. If the
conviction is for a second or subsequent offense; the
punishment shall be by a maximum fine not to
exceed fifty thousand dollars per day of violation, or and term
of imprisonment not to exceed two years, or both are
doubled.
(2) takes the following actions is guilty of a misdemeanor and,
upon conviction, shall be fined not more than fifty thousand dollars or
imprisoned not more than two years, or both, for each day of violation.
If the conviction is for a second or subsequent offense, the violator is
guilty of a felony and, upon conviction, the maximum fine shall be
doubled and the maximum term of imprisonment shall be increased to
not more than five years, for each day of violation:
(a) knowingly omits material information or makes any false
material statement or representation in any application, label, manifest,
record, report, permit, or other document filed, maintained, or used for
purposes of compliance with regulations promulgated under this chapter;
(b) knowingly destroys, alters, conceals, or fails to file any
record, application, manifest, report, or other document required to be
maintained or filed for purposes of compliance with regulations
promulgated under this chapter;
(c) knowingly withholds information regarding a real and
substantial danger to the public health or safety when the information
has been requested by the department and is required to carry out the
department's responsibilities pursuant to this chapter in response to a real
and substantial danger.
(3)(a) knowingly transports, treats, stores, or disposes of
hazardous waste identified or listed under and in violation of this chapter
or regulation promulgated pursuant to it who knows at that time he
thereby places another person in imminent danger of death or serious
bodily injury is guilty of a felony and, upon conviction, shall be fined
not more than two hundred fifty thousand dollars or imprisoned not
more than fifteen years, or both. A person other than an individual,
upon conviction of violating this item, shall be fined not more than one
million dollars.
(b) For purposes of this item:
1. A person's state of mind is knowing with respect to:
a. his conduct if he is aware of the nature of his conduct;
b. an existing circumstance if he is aware or believes that
the circumstance exists; or
c. a result of his conduct if he is aware or believes that his
conduct is substantially certain to cause danger or death or serious
bodily injury.
2. In determining whether a defendant who is a natural person
knew that his conduct placed another person in imminent danger of
death or serious bodily injury:
a. The person is responsible only for actual awareness or
actual belief that he possessed.
b. Knowledge possessed by a person other than the
defendant but not by the defendant himself may not be attributed to the
defendant. Provided, that in proving the defendant's possession of actual
knowledge, circumstantial evidence may be used including evidence that
the defendant took affirmative steps to shield himself from relevant
information.
3. The term `serious bodily injury' means:
a. bodily injury which involves a substantial risk of death;
b. unconsciousness;
c. extreme physical pain;
d. protracted and obvious disfigurement; or
e. protracted loss or impairment of the function of a bodily
member, organ, or mental faculty.
(D) Each day of noncompliance with any an order
issued pursuant to this chapter, or noncompliance with
any a violation of a permit, regulation, standard,
or requirement pursuant to Section 44-56-130 shall constitute
constitutes a separate offense.
(E) The violations referred to in this section shall
must be reported by the department to the governing body of
the county or municipality concerned within twenty-four hours.
(F) A criminal penalty imposed for a violation of this chapter
is in addition to, and not in lieu of, a civil or an administrative penalty
or sanction otherwise authorized by law."
SECTION 7. Section 44-93-150(C) and (D) of the 1976 Code, as
added by Act 134 of 1989, are amended to read:
"(C) A person who wilfully:
(1) knowingly violates a provision of Section 44-93-140 is
guilty of a misdemeanor felony and, upon conviction,
must be fined not more than ten fifty thousand dollars
for each day of violation or imprisoned for not more than
one year five years, or both, for each day of
violation. If the conviction is for a second or subsequent offense,
the punishment must be by a maximum fine not to
exceed twenty-five thousand dollars for each day of violation or
imprisonment not to exceed two years, or both and term of
imprisonment are doubled.
(2) takes the following actions is guilty of a misdemeanor and,
upon conviction, shall be fined not more than fifty thousand dollars or
imprisoned not more than two years, or both, for each day of violation.
If the conviction is for a second or subsequent offense, the violator is
guilty of a felony and, upon conviction, the maximum fine shall be
doubled and the maximum term of imprisonment shall be increased to
not more than five years, or both, for each day of violation.
(a) knowingly omits material information or makes any false
material statement or representation in any application, label, manifest,
record, report, permit, or other document filed, maintained, or used for
purposes of compliance with this chapter or regulations thereunder;
(b) knowingly destroys, alters, conceals, or fails to file any
record, application, manifest, report, or other document required to be
maintained or filed for purposes of compliance with this chapter or
regulations thereunder;
(c) knowingly withholds information regarding a real and
substantial danger to the public health or safety when the information
has been requested by the department and is required to carry out the
department's responsibilities pursuant to this chapter in response to a real
and substantial danger.
(3)(a) knowingly transports, treats, stores, or disposes of
infectious waste in violation of this chapter or regulation promulgated
pursuant to it who knows at that time that he thereby places another
person in imminent danger of death or serious bodily injury is guilty of
a felony and, upon conviction, shall be fined not more than two hundred
fifty thousand dollars or imprisoned not more than fifteen years, or both.
A person other than an individual, upon conviction of violating this
item, shall be fined not more than one million dollars.
(b) For purposes of this item:
1. A person's state of mind is knowing with respect to:
a. his conduct if he is aware of the nature of his conduct;
b. an existing circumstance if he is aware or believes that
the circumstance exists; or
c. a result of his conduct if he is aware or believes that his
conduct is substantially certain to cause danger or death or serious
bodily injury.
2. In determining whether a defendant who is a natural person
knew that his conduct placed another person in imminent danger of
death or serious bodily injury:
a. The person is responsible only for actual awareness or
actual belief that he possessed.
b. Knowledge possessed by a person other than the
defendant but not by the defendant himself may not be attributed to the
defendant. Provided, that in proving the defendant's possession of actual
knowledge, circumstantial evidence may be used including evidence that
the defendant took affirmative steps to shield himself from relevant
information.
3. The term `serious bodily injury' means:
a. bodily injury which involves a substantial risk of death;
b. unconsciousness;
c. extreme physical pain;
d. protracted and obvious disfigurement; or
e. protracted loss or impairment of the function of a bodily
member, organ, or mental faculty.
(D) Each day of noncompliance with an order issued pursuant to this
chapter or noncompliance with a violation of a permit,
regulation, standard, or requirement pursuant to this chapter constitutes
a separate offense. A criminal penalty imposed for a violation of
this chapter is in addition to, and not in lieu of, a civil or an
administrative penalty or sanction otherwise authorized by
law."
SECTION 8. Section 48-1-320 of the 1976 Code is amended to read:
"Section 48-1-320. (A) Any A
person who willfully or negligently violates any of the
provisions of this chapter, or any a rule or
regulation, a permit or permit condition, or a final
determination or an order of the department, shall be
deemed is guilty of a misdemeanor and, upon
a first conviction, shall must be
punished by a fine of fined not less than five hundred
dollars nor more than twenty-five thousand dollars for each
day's violation or be imprisoned for not more than
two years, or both, for each day's violation. If the conviction is for
a second or subsequent offense, the maximum fine is doubled, and the
term of imprisonment is increased to three years.
(B) A person who knowingly violates this chapter or a rule or
regulation promulgated pursuant to it, a permit or permit condition, a
certification, a final determination, or an order of the board or
department is guilty of a felony and, upon a first conviction, must be
fined not less than five hundred nor more than fifty thousand dollars or
imprisoned not more than five years, or both, for each day of violation.
If the conviction is for a second or subsequent offense the maximum fine
and term of imprisonment are doubled.
(C)(1) A person who knowingly violates this chapter or a rule or
regulation promulgated pursuant to it, a permit or permit condition, a
certification, a final determination, or an order of the board or
department who knows at the time that he thereby places another person
in imminent danger of death or serious bodily injury shall, upon
conviction, be fined not more than two hundred fifty thousand dollars or
imprisoned not more than fifteen years. A person other than an
individual, upon conviction of violating this subsection, must be fined
not more than one million dollars.
(2) For purposes of this subsection:
(a) A person's state of mind is knowing with respect to:
1. his conduct if he is aware of the nature of his conduct;
2. an existing circumstance if he is aware or believes that the
circumstance exists; or
3. a result of his conduct if he is aware or believes that his
conduct is substantially certain to cause danger or death or serious
bodily injury.
(b) In determining whether a defendant who is a natural person
knew that his conduct placed another person in imminent danger of
death or serious bodily injury:
1. The person is responsible only for actual awareness or
actual belief that he possessed.
2. Knowledge possessed by a person other than the defendant
but not by the defendant himself may not be attributed to the defendant.
Provided, that in proving the defendant's possession of actual
knowledge, circumstantial evidence may be used including evidence that
the defendant took affirmative steps to shield himself from relevant
information.
(c) The term `serious bodily injury' means:
1. bodily injury which involves a substantial risk of death;
2. unconsciousness;
3. extreme physical pain;
4. protracted and obvious disfigurement; or
5. protracted loss or impairment of the function of a bodily
member, organ, or mental faculty.
(D) A criminal penalty imposed for a violation of this chapter is in
addition to and not in lieu of a civil or an administrative penalty or a
sanction otherwise authorized by law.
(E) Each day of violation constitutes a separate offense."
SECTION 9. If a part of this act is declared invalid, unenforceable, or
unconstitutional by a court of competent jurisdiction, it is declared
severable from the remaining portions of this act. The remaining
portions remain in full force and effect as if the invalid, unenforceable,
or unconstitutional portion were omitted.
SECTION 10. All proceedings pending and all rights and liabilities
existing, acquired, or incurred at the time this act takes effect are saved
and may be consummated according to the law in force when they are
commenced. This act does not affect prosecution pending or begun
before the effective date of this act.
SECTION 11. The crimes provided for in Sections 44-55-90,
44-56-140, 44-93-150, and 48-1-320 of the 1976 Code, amended in
Sections 4, 6, 7, and 8 of this act, are added to the list of crimes
classified as felonies in Section 16-1-10.
SECTION 12. This act takes effect upon approval by the Governor.
-----XX----- |