H 4002 {Rat #152} General Bill, By G.M. Smith, W. Newton, Hiott, Davis, B. Newton, 
Erickson, Bannister, Haddon, Sandifer, Thayer, Hixon, Carter, Robbins, Blackwell, 
Forrest and Pope
 AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "CAPTAIN
 ROBERT JOHNSON ACT" BY ADDING SECTION 24-3-980 SO AS TO PROVIDE IT IS UNLAWFUL
 FOR INMATES UNDER THE JURISDICTION OF THE DEPARTMENT OF CORRECTIONS TO POSSESS
 TELECOMMUNICATION DEVICES UNLESS AUTHORIZED BY THE DIRECTOR, TO DEFINE THE
 TERM "TELECOMMUNICATION DEVICE", AND TO PROVIDE PENALTIES. - RATIFIED TITLE

   2/21/2023  House  Introduced and read first time (House Journal-page 25)
   2/21/2023  House  Referred to Committee on Judiciary (House Journal-page 25)
   2/22/2023  House  Member(s) request name added as sponsor: Carter
   5/3/2023  House  Member(s) request name added as sponsor: Robbins
   5/3/2023  House  Committee report: Favorable with amendment Judiciary (House Journal-page 92)
   5/4/2023  House  Member(s) request name added as sponsor:
                     Blackwell,  Forrest,  Pope
   5/4/2023  House  Amended (House Journal-page 98)
   5/4/2023  House  Read second time (House Journal-page 98)
   5/4/2023  House  Roll call Yeas-106  Nays-0 (House Journal-page 98)
   5/4/2023  House  Unanimous consent for third reading on next
                     legislative day (House Journal-page 101)
   5/5/2023  House  Read third time and sent to Senate (House Journal-page 5)
   5/8/2023         Scrivener's error corrected
   5/9/2023  Senate Introduced and read first time (Senate Journal-page 10)
   5/9/2023  Senate Referred to Committee on Corrections and Penology (Senate Journal-page 10)
   2/15/2024  Senate Committee report: Favorable with amendment
                     Corrections and Penology (Senate Journal-page 8)
   2/16/2024         Scrivener's error corrected
   2/22/2024  Senate Committee Amendment Adopted (Senate Journal-page 16)
   2/22/2024  Senate Read second time (Senate Journal-page 16)
   2/22/2024  Senate Roll call Ayes-45  Nays-0 (Senate Journal-page 16)
   2/27/2024         Scrivener's error corrected
   2/27/2024  Senate Read third time and returned to House with amendments (Senate Journal-page 13)
   2/28/2024  House  Debate adjourned until Tues., 3-5-24 (House Journal-page 30)
   3/6/2024  House  Senate amendment amended (House Journal-page 62)
   3/6/2024  House  Returned to Senate with amendments (House Journal-page 62)
   3/6/2024  House  Roll call Yeas-117  Nays-0 (House Journal-page 63)
   3/20/2024  Senate Concurred in House amendment and enrolled
   3/20/2024  Senate Roll call Ayes-46  Nays-0
   5/8/2024         Ratified R 152
   5/13/2024         Signed By Governor

(R152, H4002)

AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "CAPTAIN ROBERT JOHNSON ACT" BY ADDING SECTION 24?3?980 SO AS TO PROVIDE IT IS UNLAWFUL FOR INMATES UNDER THE JURISDICTION OF THE DEPARTMENT OF CORRECTIONS TO POSSESS TELECOMMUNICATION DEVICES UNLESS AUTHORIZED BY THE DIRECTOR, TO DEFINE THE TERM "TELECOMMUNICATION DEVICE", AND TO PROVIDE PENALTIES.

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

"Captain Robert Johnson Act"

SECTION 1.    This act may be cited as the "Captain Robert Johnson Act".

Department of Corrections

SECTION 2.    Chapter 3, Title 24 of the S.C. Code is amended by adding:

Section 24?3?980.    (A) It is unlawful for an inmate under the jurisdiction of the Department of Corrections to possess a telecommunication device unless authorized to do so by the director. For purposes of this section a "telecommunication device" means a device, an apparatus associated with a device, or a component of a device that enables, or may be used to enable, communication with a person inside or outside of a place of incarceration. Such devices include, but are not limited to, portable two?way pagers, handheld radios, cellular telephones, personal digital assistants or PDAs, laptop computers, or any components of these devices. "Telecommunication device" also includes any new technology that is developed or used for similar purposes.

(B) A person violating the provisions of this section, upon conviction, for a:

(1) first offense, is guilty of a misdemeanor and must be imprisoned not more than one year;

(2) second or subsequent offense is guilty of a felony and must be imprisoned not more than five years; and

(3) situation in which the finder of fact finds beyond a reasonable doubt that the use of a telecommunication device pursuant to the provisions of this section was the proximate cause of the commission of any subsequent felony offense, is guilty of a felony and must be imprisoned not more than ten years.

Time effective

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

Ratified the 8th day of May, 2024.

Speaker of the House of Representatives

Approved the _____________ day of _________________________________________2024.

This web page was last updated on May 8, 2024 at 5:10 PM