H*3199(Rat #0125, Act #0072 of 2007)  General Bill, By G.M. Smith, Hagood, 
Cotty and Weeks

Similar(S 270)
 AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE
 "ATM SAFETY ACT" BY AMENDING SECTION 16-11-380, RELATING TO ENTERING A BANK,
 DEPOSITORY, OR BUILDING AND LOAN ASSOCIATION WITH INTENT TO STEAL, SO AS TO
 INCLUDE AND CREATE VARIOUS ATM OFFENSES AND TO ESTABLISH PENALTIES FOR EACH
 OFFENSE; AND BY AMENDING SECTION 17-25-45, AS AMENDED, RELATING TO LIFE
 SENTENCES FOR CERTAIN MOST SERIOUS AND SERIOUS OFFENSES, SO AS TO ADD THE ATM
 OFFENSE TO THE LIST OF SERIOUS OFFENSES. - ratified title

   01/09/07  House  Introduced and read first time HJ-100
   01/09/07  House  Referred to Committee on Judiciary HJ-101
   01/11/07  House  Member(s) request name added as sponsor: Cotty
   02/07/07  House  Committee report: Favorable Judiciary HJ-3
   02/08/07  House  Member(s) request name added as sponsor: Weeks
   02/08/07  House  Amended HJ-32
   02/08/07  House  Read second time HJ-34
   02/13/07  House  Read third time and sent to Senate HJ-21
   02/14/07  Senate Introduced and read first time SJ-9
   02/14/07  Senate Referred to Committee on Judiciary SJ-9
   02/16/07  Senate Referred to Subcommittee: Hawkins (ch), Sheheen,
                     Lourie, Vaughn
   03/28/07  Senate Committee report: Favorable with amendment
                     Judiciary SJ-30
   03/29/07  Senate Amended SJ-30
   03/29/07  Senate Read second time SJ-30
   04/03/07  Senate Read third time and returned to House with
                     amendments SJ-17
   04/11/07  House  Senate amendment amended HJ-29
   04/11/07  House  Returned to Senate with amendments HJ-29
   04/17/07  Senate Non-concurrence in House amendment SJ-23
   04/18/07  House  House insists upon amendment and conference
                     committee appointed Reps. GM Smith, Herbkersman,
                     and Rutherford HJ-1
   04/18/07  Senate Conference committee appointed Hawkins, Sheheen,
                     and Campsen SJ-12
   05/30/07  Senate Conference report adopted SJ-19
   05/31/07  House  Conference report received and adopted HJ-21
   05/31/07  Senate Ordered enrolled for ratification
   06/07/07         Ratified R 125
   06/13/07         Signed By Governor
   06/18/07         Copies available
   06/18/07         Effective date 06/13/07
   06/18/07         Act No. 72

(A72, R125, H3199)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "ATM SAFETY ACT" BY AMENDING SECTION 16-11-380, RELATING TO ENTERING A BANK, DEPOSITORY, OR BUILDING AND LOAN ASSOCIATION WITH INTENT TO STEAL, SO AS TO INCLUDE AND CREATE VARIOUS ATM OFFENSES AND TO ESTABLISH PENALTIES FOR EACH OFFENSE; AND BY AMENDING SECTION 17-25-45, AS AMENDED, RELATING TO LIFE SENTENCES FOR CERTAIN MOST SERIOUS AND SERIOUS OFFENSES, SO AS TO ADD THE ATM OFFENSE TO THE LIST OF SERIOUS OFFENSES.

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

Citation

SECTION    1.    This act may be cited as the "ATM Safety Act".

Theft of person using an automated teller machine

SECTION    2.    Section 16-11-380 of the 1976 Code is amended to read:

"Section 16-11-380.    (A)    It is unlawful for a person to enter a building or part of a building occupied as a bank, depository, or building and loan association with intent to steal money, securities for money, or property, either by force, intimidation, or threats.

(B)    It is unlawful for a person to steal money, securities for money, or property, either by force, intimidation, or threats, from a person who is using or who has just finished using a bank night depository, an automated teller machine (ATM), or another automated banking device, as defined in Section 16-14-10, or in the vicinity of a bank depository, an ATM, or another automated banking device.

(C)    It is unlawful for a person to beg, panhandle, or solicit money from, or otherwise harass, a person using, who has just finished using, or who is in the vicinity of a bank night depository, an ATM, or another automated banking device.

(D)    A person who violates the provisions of:

(1)    subsection (A) is guilty of a felony and, upon conviction, must be imprisoned not more than thirty years;

(2)    subsection (B) is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than twenty years, or both; and

(3)    subsection (C) is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both.

(E)    A separate location code, premise code, or designation for a bank night depository, an ATM, or other automated banking device offense must be added to the South Carolina Incident Based Reporting System. Law enforcement personnel are required to use this location code, premise code, or designation when completing incident reports for all criminal activity occurring at or in the vicinity of a bank night depository, an ATM, or another automated banking device in accordance with the provisions of this section.

(F)    To the extent that this section applies to bank night depositories, ATMs, and other automated banking devices, it applies only to these devices which are not located in a building or structure and those to which banking customers have access when they are outside a building or structure. A building or structure does not include an enclosure erected solely for the purpose of containing an otherwise outdoor or detached ATM or automated banking device. However, the provisions of this section do apply to drive-through banking terminals.

(G)    As used in this section, 'vicinity' means within the sight of a reasonable person."

Three strikes, theft of person using an automated teller machine added

SECTION    3.    Section 17-25-45(C)(2)(b) of the 1976 Code is amended to read:

"(b)    those felonies enumerated as follows:

16-3-220                        Lynching, Second degree

16-3-810                        Engaging child for sexual performance

16-9-220                        Acceptance of bribes by officers

16-9-290                        Accepting bribes for purpose of procuring

public office

16-11-110(B)                Arson, Second degree

16-11-312(B)                Burglary, Second degree

16-11-380(B)                Theft of a person using an automated teller

machine

16-13-210(1)                Embezzlement of public funds

16-13-230(B)(3)            Breach of trust with fraudulent intent

16-13-240(1)                Obtaining signature or property by false

pretenses

38-55-540(3)                Insurance fraud

44-53-370(e)                Trafficking in controlled substances

44-53-375(C)                Trafficking in ice, crank, or crack cocaine

44-53-445(B)(1)&(2)    Distribute, sell, manufacture, or possess

with intent to distribute controlled

substances within proximity of school

56-5-2945                    Causing death by operating vehicle while

under influence of drugs or alcohol; and"

Savings clause

SECTION    4.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

Time effective

SECTION    5.    This act takes effect upon approval by the Governor.

Ratified the 8th day of June, 2007.

Approved the 13th day of June, 2007.