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H 3517
Session 110 (1993-1994) 

H 3517 General Bill, By D. Smith, J.M. Baxley, D.W. Beatty, Cato, R.S. Corning, 
J.L.M. Cromer, Davenport, Delleney, Govan, L.O. Graham, Harrell, Harrison, 
Haskins, Lanford, Littlejohn, L.M. Martin, J.T. McElveen, P.H. Thomas, Trotter, 
J.W. Tucker, Walker, C.C. Wells and R.M. Young

Similar(S 440) A Bill to amend Sections 16-11-510, 16-11-520, 16-13-30, 16-13-50, 16-13-80, 16-13-180, as amended, 16-13-230, 16-13-240, 16-13-260, and 16-13-420, Code of Laws of South Carolina, 1976, relating to various crimes involving property or personal goods and chattels, so as 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 and to increase the fine in magistrate's court to one thousand dollars; to amend Section 22-3-550, relating to magistrate's jurisdiction over minor offenses, so as to increase the fine to one thousand dollars; 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. 02/17/93 House Introduced and read first time HJ-13 02/17/93 House Referred to Committee on Judiciary HJ-13 04/07/93 House Committee report: Favorable with amendment Judiciary HJ-4 04/13/93 House Amended HJ-36 04/13/93 House Debate adjourned until Wednesday, April 14, 1993 HJ-42 04/14/93 House Read second time HJ-80 04/15/93 House Read third time and sent to Senate HJ-9 04/20/93 Senate Introduced and read first time SJ-25 04/20/93 Senate Referred to Committee on Judiciary SJ-25


Indicates Matter Stricken
Indicates New Matter

AMENDED

April 14, 1993

H. 3517

Introduced by REPS. D. Smith, Tucker, Beatty, Baxley, Govan, Harrison, Haskins, Thomas, Graham, Trotter, Walker, Cato, Wells, Littlejohn, McElveen, Harrell, Delleney, R. Young, Lanford, Cromer, Davenport, Corning and Martin

S. Printed 4/14/93--H.

Read the first time February 17, 1993.

A BILL

TO AMEND SECTIONS 16-11-510, 16-11-520, 16-13-30, 16-13-50, 16-13-80, 16-13-180, AS AMENDED, 16-13-230, 16-13-240, 16-13-260, AND 16-13-420 CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS CRIMES INVOLVING PROPERTY OR PERSONAL GOODS AND CHATTELS, SO AS 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 AND TO INCREASE THE FINE IN MAGISTRATE'S COURT TO ONE THOUSAND DOLLARS; TO AMEND SECTION 22-3-550, RELATING TO MAGISTRATE'S JURISDICTION OVER MINOR OFFENSES, SO AS TO INCREASE THE FINE TO ONE THOUSAND DOLLARS; 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.

Amend Title To Conform

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

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:

"Section 5-7-30. 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; 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 such 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 two five hundred dollars or imprisonment not exceeding thirty days, or both."

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 such the court he may impose a fine or imprisonment, or both, not to exceed two of not more than five hundred dollars or imprisonment for thirty days, or both."

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

"Section 16-11-510. Whoever shall It is unlawful for a person wilfully, unlawfully, and maliciously to cut, shoot, maim, wound, or otherwise injure, or destroy any a 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. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall must be fined or imprisoned, at in 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 court. A violation of this section is triable in magistrate's court if the injury or loss of property is less than one thousand dollars and, upon conviction, the person must be fined not more than five hundred dollars or imprisoned not more than thirty days."

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

"Section 16-11-520. Whoever shall It is unlawful for a person wilfully, unlawfully, and maliciously to cut, mutilate, deface, or otherwise injure any a tree, house, outside fence, or fixture of another, or to commit any other trespass upon real property in the possession of another shall be. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall must be fined and imprisoned, at the discretion of the judge before whom the case shall be tried; provided, that when court. When the damage to such the property is less than two hundred one thousand dollars, the case shall be is 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 upon conviction, the person must be fined not more than five hundred dollars or imprisoned not more than thirty days."

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

"Section 16-13-30. Any simple Simple larceny of any article of goods, choses in action, bank bills, bills receivable, chattels, or other article articles 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 having a value of less than two hundred one thousand dollars, shall be a misdemeanor and considered is 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 for a first offense and, upon conviction, the person must be fined not more than five hundred dollars or imprisoned not more than thirty days. Conviction for a second offense is a felony and the person must be fined not more than two thousand dollars and imprisoned not less than three years or more than ten years."

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

"Section 16-13-50. Any A person found guilty convicted of the larceny of any a horse, mule, cow, hog, or any other livestock shall is guilty of a misdemeanor and, upon conviction for:

(a) For(1) the first offense, must be imprisoned for a period of not less than three months nor more than ten years or be fined not more than five hundred dollars, or both, in the discretion of the court;

(b) For(2) the second offense, must be imprisoned for a period of not less than one year nor more than fifteen years or be fined not more than twenty-five hundred dollars, or both, in the discretion of the court; and

(c) For(3) a subsequent offense, must be imprisoned for a period of not less than five years nor more than twenty-five years.

Provided, that if If the value of such the property stolen is less than fifty one thousand dollars, the case shall be is 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 upon conviction, the person must be fined not more than five hundred dollars or imprisoned not more than thirty days.

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

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

"Section 16-13-80. The larceny of any a bicycle shall be is a misdemeanor and, upon conviction, the person must be punishable at the discretion of the court; provided, that when. When the value of the bicycle is less than one hundred thousand dollars the case shall be is triable in the magistrate's court and, and upon conviction, the punishment shall the person must be fined not more than is permitted by law without presentment or indictment by the grand jury five hundred dollars or imprisoned not more than thirty days."

SECTION 8. Item 1 of Section 16-13-110(B) of the 1976 Code is amended to read:

"(1) By a fine of not more than six hundred dollars or imprisonment for not more than six months, or both, for the first offense. If the value of the shoplifted merchandise is less than fifty one thousand dollars, the punishment must be a fine of not more than two five hundred dollars or imprisonment for not more than thirty days."

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 any a person knowingly to buy, or receive, or possess stolen goods, chattels, or other property if the person knows or has reason to believe the goods, chattels, or property are stolen. A person is guilty of this offense whether or not anyone is convicted of the theft of the property. Any A person violating who violates the provisions of this section may be punished as follows:

(1) if the value of the property is two hundred one thousand dollars or less, by a fine not to exceed two hundred five hundred dollars, or by imprisonment for not more than thirty days. The offense shall be is triable in magistrate's court.

(2) if the value of the property exceeds two hundred dollars but is less than one thousand dollars, by a fine of not less than one thousand dollars or imprisonment for not less than one year nor more than five years. This offense shall be is a misdemeanor.

(3) for a second offense of Section 16-13-180, subitem (1) or (2), or if the value of the property exceeds one thousand dollars, by a fine of not less than two thousand dollars and imprisonment for not less than three years nor more than ten years. This or any subsequent offense shall be is a felony.

(4) for a third or subsequent offense, by imprisonment for not less than ten years; provided, however. However, no part of the minimum sentence may be suspended.

(5) for the purposes of this section, the receipt of multiple items in a single transaction or event shall constitute constitutes a single offense."

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

"Section 16-13-230. Any A person committing who commits a breach of trust with a fraudulent intention shall be held guilty of larceny and so shall any person or who shall hire hires or counsel any other person counsels another to commit a breach of trust with a fraudulent intention is guilty of larceny and, upon conviction, must be punished as provided by law. If the value of the property is one thousand dollars or less, 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."

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

"Section 16-13-240. Any A person who shall by any false pretense or representation obtain obtains the signature of any a person to any a written instrument or shall obtain obtains from any other another person any chattel, money, valuable security, or other property, real or personal, with intent to cheat and defraud any the person of such the property shall be is guilty of a misdemeanor and shall, on upon conviction, must be sentenced to pay a fine fined not exceeding more than five hundred dollars and undergo an imprisonment imprisoned not exceeding more than three years; provided, that if. If the sum in the written instrument or the value of the property so obtained does not exceed two hundred is not more than one thousand dollars, the case shall be is 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 upon conviction, the person must be fined not more than five hundred dollars or imprisoned not more than thirty days."

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

"Section 16-13-260. Whoever shall A person who falsely and deceitfully obtain obtains or get gets into his hands or possession any money, goods, chattels, jewels, or other things of any other another person by color and means of any a false token or counterfeit letter made in any other another person's name shall is guilty of a misdemeanor and, upon conviction thereof, suffer such imprisonment as must be imprisoned in the discretion of the court may adjudge; provided, that when. When the value of the money, goods, chattels, and other things so obtained do not exceed in value fifty is not more than one thousand dollars, then the offense may be tried is triable in the magistrate's court and, upon conviction, the person must be fined not more than five hundred dollars or imprisoned not more than thirty days. Punishment shall be not more than is permitted by law without presentment or indictment by the grand jury."

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

"Section 16-13-420. Any A person having who has any motor vehicle, trailer, appliance, equipment, or tool in his possession or under his control by virtue of a lease or rental agreement who 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, or who fraudulently secretes or appropriates the property to any use or purpose not within the due and lawful execution of his lease or rental agreement shall be is guilty of larceny. If the original dollar amount of the property is one thousand dollars or less, the offense 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. Provided, that the The provisions of this section shall do not apply to lease-purchase agreements or conditional sales type contracts."

SECTION 14. Section 22-3-550 of the 1976 Code is amended to read: "Section 22-3-550. Magistrates shall have jurisdiction of all offenses which may be subject to the penalties of either fine or forfeiture not exceeding two hundred 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."

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

"Section 22-3-570. Magistrates shall have jurisdiction of larcenies by stealing of the property of another,; of money, goods, or chattels,; of any bank note, bond, promissory note, bill of exchange, or other bill, order, or certificate,; of any book of accounts for or concerning money or goods due, to become due or to be delivered,; of any deed or writing containing a conveyance of land,; of any other valuable contract in force,; of any receipt, release, or defeasance,; or of any writ, process, or public record, if the property stolen does not exceed twenty one thousand dollars in value."

SECTION 16. This act takes effect upon approval by the Governor.

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