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H*2037
Session 104 (1981-1982) 

H*2037(Rat #0116, Act #0076 of 1981)  General Bill, By T.L. Hughston, 
J.M. Arthur, B. Campbell, J.G. Felder, P. Freeman, L.E. Gentry, J.V. Gregory, 
C.L. Griffin, J.C. Hearn, R.L. Helmly, L.I. Hendricks, T.E. Huff, D.M. McEachin, 
J.D. McInnis, T.W. Mitchell, A.V. Rawl, J.I. Rogers, Sheheen and M.H. Westbrook
 A Bill to amend Section 16-11-510, Code of Laws of South Carolina, 1976,
 relating to malicious injury to animals and personal property, so as to
 increase the value of the property affected from fifty to two hundred dollars;
 to amend Section 16-11-520, relating to malicious injury to real property, so
 as to increase the value of the property affected from fifty to two hundred
 dollars; to amend Section 16-11-620, relating to entering premises after
 warning or refusing to leave, so as to increase the maximum penalty for
 violation from one to two hundred dollars; to amend Section 16-13-30, relating
 to petit larceny, so as to increase the value of the item subject to the
 larceny from fifty to two hundred dollars as a triable offense in Magistrate's
 Court; to amend Section 16-13-80, relating to larceny of bicycles, so as to
 increase the value of a bicycle subject to the larceny from fifty to one
 hundred dollars as a triable offense in Magistrate's Court; to amend Section
 16-13-180, relating to receiving stolen goods, so as to increase the value of
 the stolen property from fifty to one hundred dollars as an offense triable in
 Magistrate's Court; to amend Section 16-13-240, relating to obtaining a
 signature or property by false pretenses, so as to increase the amount of the
 instrument or property obtained by false pretenses from seventy-five to two
 hundred dollars as an offense triable in Magistrate's Court; to amend Section
 22-3-560, relating to assaults and batteries triable in Magistrate's Court, so
 as to increase the maximum penalty from one to two hundred dollars; to amend
 Section 56-5-2920, relating to reckless driving, so as to increase the maximum
 fine penalty from one hundred to two hundred dollars; and to amend Section
 56-5-2940, relating to penalties for violation of laws prohibiting the
 operation of motor vehicles while under the influence of intoxicating
 substances, so as to reduce from ten years to five years the period used to
 determine prior offenses.-at

   12/08/80  House  Prefiled
   12/08/80  House  Referred to Committee on Judiciary
   01/13/81  House  Introduced and read first time HJ-108
   01/13/81  House  Referred to Committee on Judiciary HJ-109
   02/18/81  House  Committee report: Favorable Judiciary HJ-659
   02/24/81  House  Read second time HJ-743
   02/25/81  House  Read third time and sent to Senate HJ-763
   02/25/81  Senate Introduced and read first time SJ-5
   02/25/81  Senate Referred to Committee on Judiciary SJ-5
   03/26/81  Senate Committee report: Favorable Judiciary SJ-7
   03/31/81  Senate Read second time SJ-15
   04/09/81  Senate Amended SJ-16
   04/29/81  Senate Amended SJ-9
   04/30/81  Senate  Read third time SJ-21
   04/30/81  Senate Returned SJ-21
   05/06/81  House  Concurred in Senate amendment and enrolled HJ-2252
   05/19/81  House  Ratified R 116 HJ-2468
   05/21/81         Signed By Governor
   05/21/81         Effective date 05/21/81
   05/21/81         Act No. 76
   06/02/81         Copies available



(A76, R116, H2037)

AN ACT TO AMEND SECTION 16-11-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MALICIOUS INJURY TO ANIMALS AND PERSONAL PROPERTY, SO AS TO INCREASE THE VALUE OF THE PROPERTY AFFECTED FROM FIFTY TO TWO HUNDRED DOLLARS; TO AMEND SECTION 16-11-520, RELATING TO MALICIOUS INJURY TO REAL PROPERTY, SO AS TO INCREASE THE VALUE OF THE PROPERTY AFFECTED FROM FIFTY TO TWO HUNDRED DOLLARS; TO AMEND SECTION 16-11-620, RELATING TO ENTERING PREMISES AFTER WARNING OR REFUSING TO LEAVE, SO AS TO INCREASE THE MAXIMUM PENALTY FOR VIOLATION FROM ONE TO TWO HUNDRED DOLLARS; TO AMEND SECTION 16-13-30, RELATING TO PETIT LARCENY, SO AS TO INCREASE THE VALUE OF THE ITEM SUBJECT TO THE LARCENY FROM FIFTY TO TWO HUNDRED DOLLARS AS A TRIABLE OFFENSE IN MAGISTRATE'S COURT; TO AMEND SECTION 16-13-80, RELATING TO LARCENY OF BICYCLES, SO AS TO INCREASE THE VALUE OF A BICYCLE SUBJECT TO THE LARCENY FROM FIFTY TO ONE HUNDRED DOLLARS AS A TRIABLE OFFENSE IN MAGISTRATE'S COURT; TO AMEND SECTION 16-13-180, RELATING TO RECEIVING STOLEN GOODS, SO AS TO INCREASE THE VALUE OF THE STOLEN PROPERTY FROM FIFTY TO ONE HUNDRED DOLLARS AS AN OFFENSE TRIABLE IN MAGISTRATE'S COURT; TO AMEND SECTION 16-13-240, RELATING TO OBTAINING A SIGNATURE OR PROPERTY BY FALSE PRETENSES, SO AS TO INCREASE THE AMOUNT OF THE INSTRUMENT OR PROPERTY OBTAINED BY FALSE PRETENSES FROM SEVENTY-FIVE TO TWO HUNDRED DOLLARS AS AN OFFENSE TRIABLE IN MAGISTRATE'S COURT; TO AMEND SECTION 22-3-560, RELATING TO ASSAULTS AND BATTERIES TRIABLE IN MAGISTRATE'S COURT, SO AS TO INCREASE THE MAXIMUM PENALTY FROM ONE TO TWO HUNDRED DOLLARS; TO AMEND SECTION 56-5-2920, RELATING TO RECKLESS DRIVING, SO AS TO INCREASE THE MAXIMUM FINE PENALTY FROM ONE HUNDRED TO TWO HUNDRED DOLLARS; AND TO AMEND SECTION 56-5-2940, RELATING TO PENALTIES FOR VIOLATION OF LAWS PROHIBITING THE OPERATION OF MOTOR VEHICLES WHILE UNDER THE INFLUENCE OF INTOXICATING SUBSTANCES, SO AS TO REDUCE FROM TEN YEARS TO FIVE YEARS THE PERIOD USED TO DETERMINE PRIOR OFFENSES.

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

Malicious injury to animals and property

SECTION 1. Section 16-11-510 of the 1976 Code is amended by striking "fifty" on line eight and inserting "two hundred". The section as amended shall read:

"Section 16-11-510. Whoever shall wilfully, unlawfully and maliciously cut, shoot, maim, wound or otherwise injure or destroy any horse, mule, neat cattle, hog, sheep, goat or any other kind, class, article or description of personal property, the goods and chattels of another, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined or imprisoned, at the discretion of the judge before whom the case shall be tried; provided, that when the injury or loss of the property affected by such act is less than two hundred dollars the case shall be triable in the magistrate's court and the punishment shall be not more than is permitted by law without presentment or indictment by the grand jury."

Malicious to real property

SECTION 2. Section 16-11-520 of the 1976 Code is amended by striking "fifty" on line ,seven and inserting "two hundred". The section as amended shall read:

"Section 16-11-520. Whoever shall wilfully, unlawfully, and maliciously cut, mutilate, deface or otherwise injure any tree, house, outside fence or fixture of another or commit any other trespass upon real property in the possession of another shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined and imprisoned, at the discretion of the judge before whom the case shall be tried; provided, that when the damage to such property is less than two hundred dollars the case shall be triable in the magistrate's court and the punishment shall be not more than is permitted by law without presentment or indictment of the grand jury."

Entering premises after warning

SECTION 3. The first paragraph of Section 16-11-620 of the 1976 Code is amended by striking "one" on the next to last line and inserting "two". The paragraph as amended shall read:

"Any person who, without legal cause or good excuse, enters into the dwelling house, place of business or on the premises of another person after having been warned within six months preceding not to do so or any person who, having entered into the dwelling house, place of business or on the premises of another person without having been warned within six months not to do so, fails and refuses, without good cause or good excuse, to leave immediately upon being ordered or requested to do so by the person in possession or his agent or representative shall, on conviction, be fined not more than two hundred dollars or be imprisoned for not more than thirty days."

Petit larceny

SECTION 4. Section 16-13-30 of the 1976 Code is amended by striking "fifty" on line five and inserting "two hundred". The section as amended shall read:

"Section 16-13-30. Any simple larceny of any article of goods, chooses in action, bank bills, bills receivable, chattels, or other article of personalty of which by law larceny may be committed or of any such fixture or part or product of the soil as was severed from the soil by an unlawful act, or the value of less than two hundred dollars, shall be a misdemeanor and considered petit larceny, shall be triable in the magistrate's court and the punishment shall be not more than is permitted by law without presentment or indictment by the grand jury.

Larceny of bicycles

SECTION 5. Section 16-13-80 of the 1976 Code is amended by striking "fifty" on line three and inserting "one hundred". The section as amended shall read:

"Section 16-13-80. The larceny of any bicycle shall be punishable at the discretion of the court; provided, that when the value of the bicycle is less than one hundred dollars the case shall be triable in the magistrate's court and the punishment shall be not more than is permitted by law without presentment or indictment by the grand jury."

Receiving stolen goods

SECTION 6. Section 16-13-180 of the 1976 Code is amended by striking "fifty" on line ten and inserting "one hundred". The section as amended shall read:

"Section 16-13-180. In all cases whatever, when any goods or chattels or other property of which larceny may be committed shall have been feloniously taken or stolen by any person, every person who shall buy or receive any such goods or chattels or other property knowing the same to have been stolen shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment, although the principal felon be not previously convicted and whether he is amenable to justice or not; provided, that when the chattel or other property stolen shall be of the value of less than one hundred dollars the case shall be triable in the magistrate's court and the punishment shall be not more than is permitted by law without presentment or indictment of the grand jury."

Obtaining signature by false pretenses

SECTION 7. Section 16-13-240 of the 1976 Code is amended by striking "seventy-five" on line ten and inserting "two hundred". The section as amended shall read:

"Section 16-13-240. Any person who shall by any false pretense or representation obtain the signature of any person to any written instrument or shall obtain from any other person any chattel, money, valuable security or other property, real or personal, with intent to cheat and defraud any person of such property shall be guilty of a misdemeanor and shall, on conviction, be sentenced to pay a fine not exceeding five hundred dollars and undergo an imprisonment not exceeding three years; provided, that if the sum in the written instrument or the value of the property so obtained does not exceed two hundred dollars the case shall be triable in the magistrate's court and the punishment shall be not more than is permitted by law without presentment or indictment of the grand jury."

Magistrates may punish

SECTION 8. Section 22-3-560 of the 1976 Code is amended by striking "one" on line one and inserting "two". The section as amended shall read:

"Section 22-3-560. Magistrates may punish by fine not exceeding two hundred dollars or imprisonment in the jail or house of correction not exceeding thirty days all assaults and batteries and other breaches of the peace when the offense is not of a high and aggravated nature requiring, in their judgment, greater punishment."

Assaults and batteries

SECTION 9. Section 56-5-2920 of the 1976 Code is amended to read:

"Section 56-5-2920. Any person who drives any vehicle in such a manner as to indicate either a wilful or wanton disregard for the safety of persons or property is guilty of reckless driving. The Department, upon receiving satisfactory evidence of the conviction, of the entry of a plea of guilty or the forfeiture of bail of any person charged with a second and subsequent offense for the violation of this section shall forthwith suspend the driver's license of any such person for a period of three months. Only those offenses which occurred within a period of five years including and immediately preceding the date of the last offense shall constitute prior offenses within the meaning of this section. Any person violating the provisions of this section shall, upon conviction, entry of a plea of guilty or forfeiture of bail, be punished by a fine of not less than twenty-five dollars nor more than two hundred dollars or by imprisonment for not more than thirty days."

Plea of guilty for DUI constitutes prior offense

Section 10. Section 56-5-2940 of the 1976 Code is amended to read:

"Section 56-5-2940. Any person violating any provision of Section 56-5-2930 shall, upon conviction, entry of a plea of guilty or of nolo contendere or forfeiture of bail, be punished in accordance with the following:

(1) By a fine of not less than fifty dollars nor more than two hundred dollars or imprisonment for not less than ten days nor more than thirty days, for the first offense;

(2) By a fine of not less than one thousand dollars or imprisonment for one year, or both, for the second offense;

(3) By a fine of not less than two thousand dollars or imprisonment for three years, or both, for the third offense; and

(4) By a fine of not less than three thousand dollars or imprisonment for four years, or both, for the fourth offense or any subsequent offense.

For the purposes of this chapter any conviction, entry of a plea of guilty or forfeiture of bail for the violation of any law or ordinance of this State or any municipality of this State that prohibits any person from operating a motor vehicle while under the influence of intoxicating liquor, drugs or narcotics shall constitute a prior offense for the purpose of any prosecution for any subsequent violation hereof. But only those offenses which occurred within a period of five years including and immediately preceding the date of the last offense shall constitute prior offenses within the meaning of this section.

Time effective

SECTION 11. This act shall take effect upon approval by the Governor.

1981

0077

0118

H2371

AN ACT TO AMEND SECTIONS 40-61-50, 40-51-100 AND 40-51-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSES TO PRACTICE PODIATRY, SO AS TO RAISE THE INITIAL LICENSE APPLICATION FEE FROM FIFTY TO ONE HUNDRED FIFTY DOLLARS, AND TO AMEND SECTION 40-51-140, RELATING TO RENEWAL LICENSE FEES TO PRACTICE PODIATRY, SO AS TO INCREASE SUCH RENEWAL LICENSE FEES FROM TEN TO TWENTY-FIVE DOLLARS PER YEAR AND INCREASE DELINQUENT FEE TO FORTY DOLLARS PER YEAR.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA:

APPLICATION-FEE

SECTION 1. SECTION 40-51-60 OF THE 1976 CODE IS AMENDED BY STRIKING "FIFTY" ON LINE TWO AND INSERTING "ONE HUNDRED FIFTY". THE SECTION WHEN AMENDED SHALL READ:

"SECTION 40-51-60. ANY PERSON DESIRING TO ENTER UPON THE PRACTICE OF PODIATRY IN THIS STATE SHALL PAY A FEE OF ONE HUNDRED FIFTY DOLLARS TO THE BOARD AND FILE WITH THE BOARD A WRITTEN APPLICATION FOR EXAMINATION, TOGETHER WITH SATISFACTORY PROOF THAT HE IS TWENTY-ONE YEARS OF AGE OR OVER AND OF GOOD MORAL CHARACTER AND HAS RECEIVED FOUR YEARS HIGH SCHOOL TRAINING AND HAS COMPLETED AT LEAST TWO YEARS OF PRE-PODIATRY TRAINING AT A RECOGNIZED COLLEGE AND HAS RECEIVED A DIPLOMA OR CERTIFICATE OF GRADUATION FROM A RECOGNIZED COLLEGE OF PODIATRIC MEDICINE HAVING A MINIMUM REQUIREMENT OF FOUR CONSECUTIVE SCHOLASTIC YEARS, EMBRACING AT LEAST NINE MONTHS OF INSTRUCTION EACH YEAR, A MINIMUM OF THREE THOUSAND THREE HUNDRED AND SIXTY HOURS IN THE DIFFERENT CALENDAR YEARS. ANY SUCH APPLICANT SHALL, IF FOUND QUALIFIED, BE REGISTERED AND SHALL RECEIVE IN TESTIMONY THEREOF A LICENSE TO PRACTICE PODIATRY."

EXAMINATION-FEE

SECTION 2. SECTION 40-51-100 OF THE 1976 CODE IS AMENDED BY STRIKING "FIFTY" ON LINE THREE AND INSERTING "ONE HUNDRED FIFTY". THE SECTION WHEN AMENDED SHALL READ:

"SECTION 40-51-100. EVERY APPLICANT FOR AN EXAMINATION FOR A LICENSE TO PRACTICE PODIATRY OR CHIROPODY SHALL, AT THE TIME OF FILING HIS APPLICATION, PAY TO THE BOARD OF PODIATRY EXAMINERS A FEE OF ONE HUNDRED FIFTY DOLLARS. IN CASE THE APPLICATION IS DENIED AND EXAMINATION IS REFUSED THE FEE SHALL BE RETURNED TO THE APPLICANT. ANY APPLICANT WHO FAILS TO PASS AN EXAMINATION SHALL BE ENTITLED TO A REEXAMINATION WITHIN SIX MONTHS, UPON THE PAYMENT OF AN ADDITIONAL FEE OF FIFTY DOLLARS, BUT ONLY TWO SUCH REEXAMINATIONS SHALL BE PERMITTED UNDER THE PRIVILEGE OF THE ORIGINAL APPLICATION."

RECIPROCITY-FEE

SECTION 3. SECTION 40-51-110 OF THE 1976 CODE IS AMENDED BY STRIKING "FIFTY" ON LINE ONE AND INSERTING "ONE HUNDRED FIFTY". THE SECTION WHEN AMENDED SHALL READ:

"SECTION 40-51-110. UPON PAYMENT OF A FEE OF ONE HUNDRED FIFTY DOLLARS A LICENSE MAY BE ISSUED TO PODIATRISTS OR CHIROPODISTS REMOVING TO THIS STATE FROM OTHER STATES MAINTAINING REQUIREMENTS FOR THE PRACTICE OF PODIATRY OR CHIROPODY EQUAL TO THE STANDARD IN THIS STATE AND EXTENDING THE SAME RECIPROCAL PRIVILEGES TO PODIATRISTS OR CHIROPODISTS OF THIS STATE. ANY PODIATRIST OR CHIROPODIST WHO HAS BEEN PRACTICING HIS PROFESSION IN ANY STATE FOR A PERIOD OF ONE YEAR OR MORE WHO HAS BEEN DULY LICENSED BY A STATE BOARD AND WHO HAS ENJOYED DURING SUCH TIME GOOD MORAL AND PROFESSIONAL REPUTE AND SHALL BE RECOMMENDED BY THE PODIATRIST OR CHIROPODIST SOCIETY OR ASSOCIATION OF HIS STATE MAY UPON PRESENTATION OF PROPER CREDENTIALS BE ISSUED A LICENSE WITHOUT EXAMINATION."

LICENSE RENEWAL-FEE

SECTION 4. SECTION 40-51-140 OF THE 1976 CODE IS AMENDED BY STRIKING "TEN" ON LINE TWO AND INSERTING "TWENTY-FIVE" AND BY STRIKING "TWENTY-FIVE" ON THE LAST LINE AND INSERTING "FORTY". THE SECTION WHEN AMENDED SHALL READ:

"SECTION 40-51-140. EVERY PERSON LICENSED TO PRACTICE PODIATRY OR CHIROPODY MUST PAY ANNUALLY A RENEWAL LICENSE FEE OF TWENTY-FIVE DOLLARS. IF SUCH RENEWAL FEE IS NOT PAID WITHIN THREE MONTHS AFTER THE DATE OF NOTIFICATION BY THE SECRETARY THAT SUCH FEE IS DUE, THE LICENSE OF THE PERSON SO FAILING TO PAY SHALL BE SUSPENDED OR REVOKED AND SHALL BE REISSUED ONLY BY A MAJORITY VOTE OF THE BOARD OF PODIATRY EXAMINERS AND UPON PAYMENT OF A FEE OF FORTY DOLLARS."

TIME EFFECTIVE

SECTION 5. THIS ACT SHALL TAKE EFFECT UPON APPROVAL BY THE GOVERNOR.




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