H 4531 General Bill, By Simrill
 A Bill to amend Section 16-17-600, as amended, Code of Laws of South Carolina,
 1976, relating to the unlawful destruction or desecration of human remains or
 repositories and the penalties therefor, so as to increase the monetary
 penalties for certain violations; and to amend Section 33-56-140, relating to
 criminal penalties for a wilful violation of certain provisions of the
 Solicitation of Charitable Funds Act, so as to increase the penalties for
 violation.

   02/01/96  House  Introduced and read first time HJ-8
   02/01/96  House  Referred to Committee on Judiciary HJ-8

A BILL

TO AMEND SECTION 16-17-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL DESTRUCTION OR DESECRATION OF HUMAN REMAINS OR REPOSITORIES AND THE PENALTIES THEREFOR, SO AS TO INCREASE THE MONETARY PENALTIES FOR CERTAIN VIOLATIONS; AND TO AMEND SECTION 33-56-140, RELATING TO CRIMINAL PENALTIES FOR A WILFUL VIOLATION OF CERTAIN PROVISIONS OF THE SOLICITATION OF CHARITABLE FUNDS ACT, SO AS TO INCREASE THE PENALTIES FOR VIOLATION.

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

SECTION 1. Section 16-17-600 of the 1976 Code, as last amended by Section 34, Act 184 of 1993, is further amended to read:

"Section 16-17-600. (A) It is unlawful for a person wilfully and knowingly, and without proper legal authority to:

(1) destroy or damage the remains of a deceased human being;

(2) remove a portion of the remains of a deceased human being from a burial ground where human skeletal remains are buried, a grave, crypt, vault, mausoleum, or other repository; or

(3) desecrate human remains.

A person violating the provisions of subsection (A) is guilty of a felony and, upon conviction, must be fined not more than two five thousand dollars and imprisoned not less than one year nor more than ten years.

(B) It is unlawful for a person wilfully and knowingly, and without proper legal authority to:

(1) obliterate, vandalize, or desecrate a burial ground where human skeletal remains are buried, a grave, graveyard, tomb, mausoleum, or other repository of human remains;

(2) deface, vandalize, injure, or remove a gravestone or other memorial monument or marker commemorating a deceased person or group of persons, whether located within or outside of a recognized cemetery, memorial park, or battlefield; or

(3) obliterate, vandalize, or desecrate a park or other area clearly designated to preserve and perpetuate the memory of a deceased person or group of persons.

A person violating the provisions of subsection (B) is guilty of a felony and, upon conviction, must be imprisoned not more than ten years or fined not more than two ten thousand dollars, or both.

(C) It is unlawful for a person wilfully, knowingly, and without proper legal authority to destroy, tear down, or injure only fencing, plants, trees, shrubs, or flowers located upon or around a repository for human remains, or within a human graveyard or memorial park.

A person violating the provisions of subsection (C) is guilty of a felony and, upon conviction, must be fined in the discretion of the court not more than five thousand dollars or imprisoned not more than five years, or both. Injury or loss of property less than two hundred dollars is a misdemeanor triable in magistrate's court. Upon conviction, the person must be fined, imprisoned, or both, not more than is permitted by law, without presentment or indictment by the grand jury."

SECTION 2. Section 33-56-140(4) of the 1976 Code is amended to read:

"(4) In addition to the provisions of subsection (3), any person who knowingly and wilfully violates the provisions of this chapter or who knowingly and wilfully gives false or incorrect information to the secretary in filing statements or reports required by this chapter, is guilty of a misdemeanor and, upon conviction, for a first offense shall must be fined not more less than one thousand dollars or be imprisoned for not more than thirty days less than six months nor more than one year, and for a second or any subsequent offense shall must be fined not more than five thousand dollars or be imprisoned for not more than one year three years, or both."

SECTION 3. This act takes effect upon approval by the Governor.