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S*440
Session 110 (1993-1994) 

S*0440(Rat #0201, Act #0171)  General Bill, By Reese, Courtney and Russell

Similar(H 3517) A Bill to amend Section 5-7-30, as amended, Code of Laws of South Carolina, 1976, relating to powers conferred upon municipalities, so as to allow extension of police protection in other areas and to provide benefits for police protection; to amend Section 14-25-65, relating to municipal court jurisdiction, so as to enlarge penalties court may impose; and to amend Sections 16-11-510, 16-11-520, 16-13-30, 16-13-50, 16-13-80, 16-13-110, 16-13-180, both as amended, 16-13-230, 16-13-240, 16-13-260, and 16-13-420, relating to various crimes involving property or personal goods and chattels, so as to increase the penalties and to create felonies if the value of the property is more than one thousand dollars, to provide that the offense is triable in magistrate's court if the value of the property, goods, or chattel is not more than one thousand dollars; to amend Section 22-3-550, relating to magistrate's jurisdiction over minor offenses, so as to increase the fine to five hundred dollars and allow restitution; and to amend Section 22-3-570, relating to magistrate's jurisdiction for larceny, so as to increase jurisdiction over the value of stolen property to one thousand dollars.-amended title 02/17/93 Senate Introduced and read first time SJ-7 02/17/93 Senate Referred to Committee on Judiciary SJ-7 04/07/93 Senate Committee report: Favorable with amendment Judiciary SJ-20 04/08/93 Senate Amended SJ-78 04/08/93 Senate Read second time SJ-80 04/08/93 Senate Ordered to third reading with notice of amendments SJ-80 04/13/93 Senate Amended SJ-19 04/13/93 Senate Read third time and sent to House SJ-21 04/14/93 House Introduced and read first time HJ-71 04/14/93 House Referred to Committee on Judiciary HJ-71 05/05/93 House Committee report: Favorable with amendment Judiciary HJ-25 05/19/93 House Amended HJ-90 05/19/93 House Debate adjourned until Thursday, May 20, 1993 HJ-96 05/20/93 House Amended HJ-31 05/20/93 House Read second time HJ-31 05/25/93 House Amended HJ-18 05/25/93 House Read third time and returned to Senate with amendments HJ-18 06/01/93 Senate House amendment amended SJ-28 06/01/93 Senate Returned to House with amendments SJ-28 06/02/93 House Debate adjourned on Senate amendments until Thursday, June 3, 1993 HJ-37 06/03/93 House Concurred in Senate amendment and enrolled HJ-21 06/10/93 Ratified R 201 06/16/93 Signed By Governor 06/16/93 Effective date 07/01/93 06/16/93 See act for exception to or explanation of effective date 07/21/93 Copies available


(A171, R201, S440)

AN ACT TO AMEND SECTION 5-7-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS CONFERRED UPON MUNICIPALITIES, SO AS TO ALLOW EXTENSION OF POLICE PROTECTION IN OTHER AREAS AND TO PROVIDE BENEFITS FOR POLICE PROTECTION; TO AMEND SECTION 14-25-65, RELATING TO MUNICIPAL COURT JURISDICTION, SO AS TO ENLARGE PENALTIES COURT MAY IMPOSE; AND TO AMEND SECTIONS 16-11-510, 16-11-520, 16-13-30, 16-13-50, 16-13-80, 16-13-110, 16-13-180, AS AMENDED, 16-13-230, 16-13-240, 16-13-260, AND 16-13-420, RELATING TO VARIOUS CRIMES INVOLVING PROPERTY OR PERSONAL GOODS AND CHATTELS, SO AS TO INCREASE THE PENALTIES AND TO CREATE FELONIES IF THE VALUE OF THE PROPERTY IS MORE THAN ONE THOUSAND DOLLARS, TO PROVIDE THAT THE OFFENSE IS TRIABLE IN MAGISTRATE'S COURT IF THE VALUE OF THE PROPERTY, GOODS, OR CHATTEL IS NOT MORE THAN ONE THOUSAND DOLLARS; TO AMEND SECTION 22-3-550, RELATING TO MAGISTRATE'S JURISDICTION OVER MINOR OFFENSES, SO AS TO INCREASE THE FINE TO FIVE HUNDRED DOLLARS AND ALLOW RESTITUTION; AND TO AMEND SECTION 22-3-570, RELATING TO MAGISTRATE'S JURISDICTION FOR LARCENY, SO AS TO INCREASE JURISDICTION OVER THE VALUE OF STOLEN PROPERTY TO ONE THOUSAND DOLLARS.

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

Municipalities authorized to extend police protection

SECTION 1. The first paragraph of Section 5-7-30 of the 1976 Code, as last amended by Act 495 of 1988, is further amended to read:

"Each municipality of the State, in addition to the powers conferred to its specific form of government, may enact regulations, resolutions, and ordinances, not inconsistent with the Constitution and general law of this State, including the exercise of powers in relation to roads, streets, markets, law enforcement, health, and order in the municipality or respecting any subject which appears to it necessary and proper for the security, general welfare, and convenience of the municipality or for preserving health, peace, order, and good government in it, including the authority to levy and collect taxes on real and personal property and as otherwise authorized in this section, make assessments, and establish uniform service charges relating to them; the authority to abate nuisances; the authority to provide police protection in contiguous municipalities and in unincorporated areas located not more than three miles from the municipal limits upon the request and agreement of the governing body of such contiguous municipality or the county, including agreement as to the boundaries of such police jurisdictional areas, in which case the municipal law enforcement officers shall have the full jurisdiction, authority, rights, privileges, and immunities, including coverage under the workers' compensation law, which they have in the municipality, including the authority to make arrests, and to execute criminal process within the extended jurisdictional area; provided, however, that this shall not extend the effect of the laws of the municipality beyond its corporate boundaries; grant franchises for the use of public streets and make charges for them; engage in the recreation function; levy a business license tax on gross income, but a wholesaler delivering goods to retailers in a municipality is not subject to the business license tax unless he maintains within the corporate limits of the municipality a warehouse or mercantile establishment for the distribution of wholesale goods; and a business engaged in making loans secured by real estate is not subject to the business license tax unless it has premises located within the corporate limits of the municipality and no entity which is exempt from the license tax under another law nor a subsidiary or affiliate of an exempt entity is subject to the business license tax; borrow in anticipation of taxes; and pledge revenues to be collected and the full faith and credit of the municipality against its note and conduct advisory referenda. The municipal governing body may fix fines and penalties for the violation of municipal ordinances and regulations not exceeding five hundred dollars or imprisonment not exceeding thirty days, or both."

Municipal court jurisdiction enlarged

SECTION 2. Section 14-25-65 of the 1976 Code is amended to read:

"Section 14-25-65. Whenever the municipal judge finds a party guilty of violating a municipal ordinance or a state law within the jurisdiction of the court he may impose a fine of not more than five hundred dollars or imprisonment for thirty days, or both."

Injury to animals penalty increased

SECTION 3. Section 16-11-510 of the 1976 Code is amended to read:

"Section 16-11-510. (A) It is unlawful for a person to wilfully and maliciously cut, shoot, maim, wound or otherwise injure or destroy a horse, mule, cattle, hog, sheep, goat, or any other kind, class, article, or description of personal property, or the goods and chattels of another.

(B) A person who violates the provisions of this section is guilty of a:

(1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the value of the property is five thousand dollars or more.

(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the value of the property is more than one thousand dollars but less than five thousand dollars.

(3) misdemeanor triable in magistrate's court if the injury or loss of property is one thousand dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury."

Malicious injury to real property penalty increased

SECTION 4. Section 16-11-520 of the 1976 Code is amended to read:

"Section 16-11-520. (A) It is unlawful for a person to wilfully and maliciously cut, mutilate, deface, or otherwise injure a tree, house, outside fence, or fixture of another or commit any other trespass upon real property of another.

(B) A person who violates the provisions of this section is guilty of a:

(1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years if the amount of injury or damage to the property is five thousand dollars or more.

(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years if the amount of injury or damage to the property is more than one thousand dollars but less than five thousand dollars.

(3) misdemeanor triable in magistrate's court if the amount of injury or damage to the property is one thousand dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment of the grand jury."

Simple larceny penalty increased

SECTION 5. Section 16-13-30 of the 1976 Code is amended to read:

"Section 16-13-30. (A) Simple larceny of any article of goods, choses in action, bank bills, bills receivable, chattels, or other article of personalty of which by law larceny may be committed or of any fixture, part, or product of the soil severed from the soil by an unlawful act, or has a value of one thousand dollars or less, is petit larceny, a misdemeanor, triable in the magistrate's court. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury.

(B) Larceny of goods, chattels, instruments, or other personalty valued in excess of one thousand dollars is grand larceny. Upon conviction, the person is guilty of a felony and must be fined in the discretion of the court or imprisoned not more than:

(1) five years if the value of the personalty is more than one thousand dollars but less than five thousand dollars.

(2) ten years if the value of the personalty is five thousand dollars or more."

Larceny of livestock penalty increased

SECTION 6. Section 16-13-50 of the 1976 Code is amended to read:

"Section 16-13-50. A person convicted of the larceny of a horse, mule, cow, hog or any other livestock is guilty of a:

(1) felony and, upon conviction, must be imprisoned not more than ten years or fined not more than twenty-five hundred dollars, or both, if the value of the livestock is five thousand dollars or more.

(2) felony and, upon conviction, must be imprisoned not more than five years or fined not more than five hundred dollars, or both, if the value of the livestock is more than one thousand dollars but less than five thousand dollars.

(3) misdemeanor triable in magistrate's court if the value of the livestock is one thousand dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury.

A motor vehicle or other chattel used by or found in possession of a person engaged in the commission of a crime under this section is subject to confiscation and must be confiscated and sold under the provisions of Section 27-21-10."

Larceny of bicycle penalty increased

SECTION 7. Section 16-13-80 of the 1976 Code is amended to read:

"Section 16-13-80. The larceny of a bicycle is a misdemeanor and, upon conviction, the person must be punishable at the discretion of the court. When the value of the bicycle is less than one thousand dollars, the case is triable in magistrate's court and, upon conviction, the person must be fined not more than five hundred dollars or imprisoned not more than thirty days."

Shoplifting penalty increased

SECTION 8. Section 16-13-110 of the 1976 Code is amended to read:

"Section 16-13-110. (A) A person is guilty of shoplifting if he:

(1) takes possession of, carries away, transfers from one person to another or from one area of a store or other retail mercantile establishment to another area, or causes to be carried away or transferred any merchandise displayed, held, stored, or offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the possession, use, or benefit of the merchandise without paying the full retail value.

(2) alters, transfers, or removes any label, price tag marking, indicia of value, or any other markings which aid in determining value affixed to any merchandise displayed, held, stored, or offered for sale in a store or other retail mercantile establishment and attempts to purchase the merchandise personally or in consort with another at less than the full retail value with the intention of depriving the merchant of the full retail value of the merchandise.

(3) transfers any merchandise displayed, held, stored, or offered for sale by any store or other retail mercantile establishment from the container in which it is displayed to any other container with intent to deprive the merchant of the full retail value.

(B) A person who violates the provisions of this section is guilty of a:

(1) misdemeanor triable in magistrate's court and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days if the value of the shoplifted merchandise is one thousand dollars or less.

(2) felony and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than five years, or both, if the value of the shoplifted merchandise is more than one thousand dollars but less than five thousand dollars.

(3) felony and, upon conviction, must be imprisoned not more than ten years if the value of the shoplifted merchandise is five thousand dollars or more."

Receiving stolen goods penalty increased

SECTION 9. Section 16-13-180 of the 1976 Code, as last amended by Act 640 of 1988, is further amended to read:

"Section 16-13-180. It is unlawful for a person to buy, receive, or possess stolen goods, chattels, or other property if the person knows or has reason to believe the goods, chattels, or property is stolen. A person is guilty of this offense whether or not anyone is convicted of the theft of the property. A person who violates the provisions of this section is guilty of a:

(1) misdemeanor triable in magistrate's court if the value of the property is one thousand dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury.

(2) felony and, upon conviction, must be fined not less than one thousand dollars or imprisoned not more than five years if the value of the property is more than one thousand dollars but less than five thousand dollars.

(3) felony and, upon conviction, must be fined not less than two thousand dollars or imprisoned not more than ten years if the value of the property is five thousand dollars or more.

For the purposes of this section, the receipt of multiple items in a single transaction or event constitutes a single offense."

Breach of trust penalty increased

SECTION 10. Section 16-13-230 of the 1976 Code is amended to read:

"Section 16-13-230. (A) A person committing a breach of trust with a fraudulent intention or a person who hires or counsels another person to commit a breach of trust with a fraudulent intention is guilty of larceny.

(B) A person who violates the provisions of this section is guilty of a:

(1) misdemeanor triable in magistrate's court if the amount is one thousand dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury.

(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years if the amount is more than one thousand dollars but less than five thousand dollars.

(3) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years if the amount is five thousand dollars or more."

Obtaining property by false pretenses penalty increased

SECTION 11. Section 16-13-240 of the 1976 Code is amended to read:

"Section 16-13-240. A person who by false pretense or representation obtains the signature of a person to a written instrument or obtains from another person any chattel, money, valuable security, or other property, real or personal, with intent to cheat and defraud a person of that property is guilty of a:

(1) felony and, upon conviction, must be fined not more than five hundred dollars and imprisoned not more than ten years if the value of the property is five thousand dollars or more.

(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years if the value of the property is more than one thousand dollars but less than five thousand dollars.

(3) misdemeanor triable in magistrate's court if the value of the property is one thousand dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment of the grand jury."

Obtaining property by false papers penalty increased

SECTION 12. Section 16-13-260 of the 1976 Code is amended to read:

"Section 16-13-260. A person who falsely and deceitfully obtains or gets into his hands or possession any money, goods, chattels, jewels, or other things of another person by color and means of any false token or counterfeit letter made in another person's name is guilty of a:

(1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the value of the property is five thousand dollars or more.

(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the value of the property is more than one thousand dollars but less than five thousand dollars.

(3) misdemeanor triable in magistrate's court if the value of the property is one thousand dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury."

Failure to return rented objects penalty increased

SECTION 13. Section 16-13-420 of the 1976 Code is amended to read:

"Section 16-13-420. (A) A person having any motor vehicle, trailer, appliance, equipment, or tool in his possession or under his control by virtue of a lease or rental agreement is guilty of larceny if he:

(1) wilfully and fraudulently fails to return the motor vehicle, trailer, appliance, equipment, or tool within seventy-two hours after the lease or rental agreement has expired;

(2) fraudulently secretes or appropriates the property to any use or purpose not within the due and lawful execution of his lease or rental agreement.

The provisions of this section do not apply to lease-purchase agreements or conditional sales type contracts.

(B) A person who violates the provisions of this section is guilty of a:

(1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the value of the rented or leased item is five thousand dollars or more.

(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the value of the rented or leased item is more than one thousand dollars but less than five thousand dollars.

(3) misdemeanor triable in magistrate's court if the value of the rented or leased item is one thousand dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury."

Magistrate court jurisdiction increased

SECTION 14. Section 22-3-550 of the 1976 Code is amended to read:

"Section 22-3-550. Magistrates have jurisdiction of all offenses which may be subject to the penalties of either fine or forfeiture not exceeding five hundred dollars or imprisonment in the jail or workhouse not exceeding thirty days and may impose any sentence within those limits, singly or in the alternative. In addition, a magistrate may order restitution he considers appropriate. "

Magistrate court petit larceny jurisdiction increased

SECTION 15. Section 22-3-570 of the 1976 Code is amended to read:

"Section 22-3-570. Magistrates have jurisdiction of petit larceny and all other larcenies involving personal property including, but not limited to:

(1) money;

(2) goods or chattels;

(3) bank note, bond, promissory note, bill of exchange or other bill;

(4) order or certificate;

(5) book of accounts;

(6) deed or writing containing a conveyance of land;

(7) other valuable contract in force;

(8) receipt;

(9) release or defeasance; or

(10) any writ, process, or public record.

The value of the property stolen must be one thousand dollars or less."

Time effective

SECTION 16. This act takes effect July 1, 1993, and is applicable to all offenses occurring after this date.

Approved the 16th day of June, 1993.




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