S 194 Session 117 (2007-2008)
S 0194 General Bill, By Ritchie and Knotts
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
16-11-15, TO PROVIDE THAT IT IS NOT UNLAWFUL FOR A PERSON TO OWN, POSSESS, OR
USE AN OBJECT OR ITEM OF TANGIBLE PERSONAL PROPERTY FOR A LAWFUL PURPOSE
UNLESS IT IS UNLAWFUL TO GROW, PRODUCE, MANUFACTURE, PACKAGE, SHIP ,
DISTRIBUTE, OR SELL THE OBJECT OR ITEM, AND TO PROVIDE THAT A PERSON MAY NOT
BE CONVICTED OF A CRIMINAL OFFENSE BASED SOLELY UPON OWNERSHIP OR POSSESSION
OF AN ITEM OF TANGIBLE PERSONAL PROPERTY UNLESS IT IS UNLAWFUL TO GROW,
PRODUCE, MANUFACTURE, PACKAGE, SHIP , DISTRIBUTE, SELL, USE, OR CONSUME THE
ITEM FOR ITS INTENDED PURPOSE.
12/13/06 Senate Prefiled
12/13/06 Senate Referred to Committee on Judiciary
01/09/07 Senate Introduced and read first time SJ-114
01/09/07 Senate Referred to Committee on Judiciary SJ-114
01/17/07 Senate Referred to Subcommittee: Hutto (ch), Jackson,
Knotts, Bryant
S. 194
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-15, TO PROVIDE THAT IT IS NOT UNLAWFUL FOR A PERSON TO OWN, POSSESS, OR USE AN OBJECT OR ITEM OF TANGIBLE PERSONAL PROPERTY FOR A LAWFUL PURPOSE UNLESS IT IS UNLAWFUL TO GROW, PRODUCE, MANUFACTURE, PACKAGE, SHIP , DISTRIBUTE, OR SELL THE OBJECT OR ITEM, AND TO PROVIDE THAT A PERSON MAY NOT BE CONVICTED OF A CRIMINAL OFFENSE BASED SOLELY UPON OWNERSHIP OR POSSESSION OF AN ITEM OF TANGIBLE PERSONAL PROPERTY UNLESS IT IS UNLAWFUL TO GROW, PRODUCE, MANUFACTURE, PACKAGE, SHIP , DISTRIBUTE, SELL, USE, OR CONSUME THE ITEM FOR ITS INTENDED PURPOSE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 11, Title 16 of the 1976 Code is amended by adding:
"Section 16-11-15. (A) Notwithstanding this chapter or another provision of law, it is not unlawful for a person to own, possess, or use an object or item of tangible personal property for a lawful purpose unless it is unlawful to grow, produce, manufacture, package, ship , distribute, or sell the object or item.
(B) Except as provided in this section, a person may not be convicted of a criminal offense based solely upon ownership or possession of an item of tangible personal property unless it is unlawful to grow, produce, manufacture, package, ship , distribute, sell, use, or consume the item for its intended purpose.
(C) Nothing in this section provides justification or excuse in a civil action for a person who purchases, acquires, owns, possesses, uses, or consumes a foodstuff, beverage, product, or an item of tangible personal property that may not be lawfully grown, produced, manufactured, packaged, shipped, distributed, or sold in this State.
(D) Nothing in this section excuses or provides a defense in a criminal prosecution for a person charged with a violation of a state law that regulates or prohibits ownership, possession, use, or consumption of a foodstuff, beverage, product, or item by a person:
(1) at anytime;
(2) at certain times or places specified in the law;
(3) under a certain age or within an age group specified in the law;
(4) with criminal or unlawful intent specified in the law;
(5) for an unlawful purpose; or
(6) under prohibited circumstances specifically described in the law.
(E) Nothing in this section excuses or provides a defense in a criminal prosecution for a person charged with a violation of a federal law that regulates or prohibits ownership, possession, use, or consumption of a foodstuff, beverage, product, or item by a person."
SECTION 2. This act takes effect upon approval by the Governor.
----XX----
|