S 1076 General Bill, By Alexander
 A BILL TO AMEND SECTION 16-11-640 OF THE 1976 CODE, RELATING TO UNLAWFUL
 ENTRY, TO PROHIBIT ENTERING A DWELLING WITHOUT CONSENT.

   01/21/10  Senate Introduced and read first time SJ-4
   01/21/10  Senate Referred to Committee on Judiciary SJ-4
   02/01/10  Senate Referred to Subcommittee: Knotts (ch), Massey, Coleman

TO AMEND SECTION 16-11-640 OF THE 1976 CODE, RELATING TO UNLAWFUL ENTRY, TO PROHIBIT ENTERING A DWELLING WITHOUT CONSENT.

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

SECTION    1.    Section 16-11-640 of the 1976 Code is amended to read:

"Section 16-11-640.    It shall be unlawful for any person not an occupant, owner, or invitee to enter:

(1)    a dwelling; or

(2)    any private property enclosed by walls or fences with closed gates between the hours of six P.M. and six A.M.

The provisions of this section shall not apply to any justifiable emergency entry or to premises which are not posted with clearly visible signs prohibiting trespass upon the enclosed premises. The provisions of this section are supplemental to existing law relating to trespass and punishment therefor. Any person who violates the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not less than twenty-five dollars nor more than two hundred dollars or imprisoned for not more than thirty days."

SECTION    2.    This act takes effect upon approval by the Governor.