H*3780 Session 112 (1997-1998)
H*3780(Rat #0241, Act #0113 of 1997) General Bill, By W.J. Young, Askins,
Bailey, Inabinett, Kirsh, Riser, Simrill and Woodrum
Similar(S 579)
A BILL TO AMEND SECTION 16-11-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO ARSON, SO AS TO REVISE THE ELEMENTS OF ARSON IN THE FIRST,
SECOND, AND THIRD DEGREES, AND REVISE THE PENALTIES FOR ARSON IN THE FIRST AND
SECOND DEGREES; TO AMEND SECTION 16-11-140, AS AMENDED, RELATING TO THE
UNLAWFUL BURNING OF CROPS AND CERTAIN OTHER PROPERTY, SO AS TO REVISE THE
TYPES OF PROPERTY THIS PROVISION APPLIES TO; TO AMEND SECTION 16-1-60, AS
AMENDED, RELATING TO VIOLENT CRIMES, SO AS TO PROVIDE THAT ARSON IN THE SECOND
DEGREE IS A VIOLENT CRIME; TO AMEND SECTION 17-25-45, AS AMENDED, RELATING TO
THE IMPOSITION OF A LIFE SENTENCE FOR CERTAIN PERSONS CONVICTED THREE TIMES
FOR CERTAIN CRIMES, SO AS TO INCLUDE ARSON IN THE SECOND AS A "SERIOUS
OFFENSE"; AND BY ADDING SECTION 45-2-35 SO AS TO PROVIDE THAT CERTAIN CANINES
MUST BE PERMITTED TO STAY OVERNIGHT IN CERTAIN PLACES OR PUBLIC ACCOMMODATION,
TO PROVIDE PENALTIES FOR PERSONS WHO VIOLATE THIS PROVISION, AND TO ALLOW AN
INNKEEPER OF CERTAIN PLACES OF PUBLIC ACCOMMODATIONS TO DESIGNATE A SPECIFIC
ROOM FOR USE BY CERTAIN CANINES.-AMENDED TITLE
04/01/97 House Introduced and read first time HJ-80
04/01/97 House Referred to Committee on Judiciary HJ-80
04/30/97 House Recalled from Committee on Judiciary HJ-47
04/30/97 House Debate adjourned HJ-71
05/01/97 House Amended HJ-32
05/01/97 House Read second time HJ-32
05/06/97 House Amended HJ-16
05/06/97 House Read third time and sent to Senate HJ-17
05/07/97 Senate Introduced and read first time SJ-5
05/07/97 Senate Referred to Committee on Judiciary SJ-5
05/28/97 Senate Committee report: Favorable with amendment
Judiciary SJ-13
05/29/97 Senate Amended SJ-69
05/29/97 Senate Read second time SJ-69
05/29/97 Senate Ordered to third reading with notice of
amendments SJ-69
06/03/97 Senate Amended SJ-134
06/03/97 Senate Read third time and returned to House with
amendments SJ-134
06/03/97 House Concurred in Senate amendment and enrolled HJ-150
06/09/97 Ratified R 241
06/13/97 Signed By Governor
06/13/97 Effective date 06/13/97
06/24/97 Copies available
06/24/97 Act No. 113
(A113, R241, H3780)
AN ACT TO AMEND SECTION 16-11-110, AS AMENDED,
CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
ARSON, SO AS TO REVISE THE ELEMENTS OF ARSON IN THE
FIRST, SECOND, AND THIRD DEGREES, AND REVISE THE
PENALTIES FOR ARSON IN THE FIRST AND SECOND DEGREES;
TO AMEND SECTION 16-11-140, AS AMENDED, RELATING TO
THE UNLAWFUL BURNING OF CROPS AND CERTAIN OTHER
PROPERTY, SO AS TO REVISE THE TYPES OF PROPERTY THIS
PROVISION APPLIES TO; TO AMEND SECTION 16-1-60, AS
AMENDED, RELATING TO VIOLENT CRIMES, SO AS TO
PROVIDE THAT ARSON IN THE SECOND DEGREE IS A VIOLENT
CRIME; TO AMEND SECTION 17-25-45, AS AMENDED, RELATING
TO THE IMPOSITION OF A LIFE SENTENCE FOR CERTAIN
PERSONS CONVICTED THREE TIMES FOR CERTAIN CRIMES, SO
AS TO INCLUDE ARSON IN THE SECOND AS A "SERIOUS
OFFENSE"; AND BY ADDING SECTION 45-2-35 SO AS TO
PROVIDE THAT CERTAIN CANINES MUST BE PERMITTED TO
STAY OVERNIGHT IN CERTAIN PLACES OF PUBLIC
ACCOMMODATION, TO PROVIDE PENALTIES FOR PERSONS
WHO VIOLATE THIS PROVISION, AND TO ALLOW AN
INNKEEPER OF CERTAIN PLACES OF PUBLIC
ACCOMMODATIONS TO DESIGNATE A SPECIFIC ROOM FOR
USE BY CERTAIN CANINES.
Be it enacted by the General Assembly of the State of South Carolina:
Felony arson
SECTION 1. Section 16-11-110 of the 1976 Code, as last amended by
Act 356 of 1996, is further amended to read:
"Section 16-11-110. (A) A person who wilfully and maliciously
causes an explosion, sets fire to, burns, or causes to be burned or aids,
counsels, or procures the burning of a building, structure, or any property
specified in subsections (B) and (C) whether the property of himself or
another, which results, either directly or indirectly, in death or serious
bodily injury to a person is guilty of arson in the first degree and, upon
conviction, must be imprisoned not less than ten nor more than thirty
years.
(B) A person who wilfully and maliciously causes an explosion, sets
fire to, burns, or causes to be burned or aids, counsels, or procures the
burning of a dwelling house, church or place of worship, a public or
private school facility, a manufacturing plant or warehouse, a building
where business is conducted, an institutional facility, or any structure
designed for human occupancy to include local and municipal buildings,
whether the property of himself or another, is guilty of arson in the second
degree and, upon conviction, must be imprisoned not less than five nor
more than twenty-five years.
(C) A person who wilfully and maliciously:
(1) causes an explosion, sets fire to, burns, or causes to be burned
a building or structure other than those specified in subsections (A) or (B),
a railway car, a ship , boat, or other watercraft, an aircraft, an automobile
or other motor vehicle, or personal property; or
(2) aids, counsels, or procures the burning of a building or structure
other than those specified in subsections (A) or (B), a railway car, a ship,
boat, or other watercraft, an aircraft, an automobile or other motor vehicle,
or personal property with intent to destroy or damage by explosion or fire;
whether the property of himself or another, is guilty of arson in the third
degree and, upon conviction, must be imprisoned not less than one and
not more than ten years."
Misdemeanor arson
SECTION 2. Section 16-11-140 of the 1976 Code, as last amended by
Act 184 of 1993, is further amended to read:
"Section 16-11-140. It is unlawful for a person to (a) wilfully and
maliciously set fire to or burn or cause to be burned, or (b) aid, counsel,
or procure the burning of any:
(1) barracks, cock, crib, rick or stack of hay, corn, wheat, oats,
barley, or other grain or vegetable product of any kind;
(2) field of standing hay or grain of any kind;
(3) pile of coal, wood, or other fuel;
(4) pile of planks, boards, posts, rails, or other lumber.
A person who violates the provisions of this section is guilty of a
misdemeanor and, upon conviction, must be imprisoned not more than
three years."
Violent crimes
SECTION 3. Section 16-1-60 of the 1976 Code, as last amended by
Act 83 of 1995, is further amended to read:
"Section 16-1-60. For purposes of definition under South
Carolina law a violent crime includes the offenses of murder (Section
16-3-10); criminal sexual conduct in the first and second degree (Sections
16-3-652 and 16-3-653); criminal sexual conduct with minors, first and
second degree (Section 16-3-655); assault with intent to commit criminal
sexual conduct, first and second degree (Section 16-3-656); assault and
battery with intent to kill (Section 16-3-620); kidnaping (Section
16-3-910); voluntary manslaughter (Section 16-3-50); armed robbery
(Section 16-11-330(A)); attempted armed robbery (Section
16-11-330(B)); drug trafficking as defined in Sections 44-53-370(e) and
44-53-375(C); arson in the first degree (Section 16-11-110(A)); arson in
the second degree (Section 16-11-110(B); burglary in the first degree
(Section 16-11-311); burglary in the second degree (Section 16-11-312
(B)); engaging a child for a sexual performance (Section 16-3-810);
homicide by child abuse (Section 16-3-85(A)(1)); aiding and abetting
homicide by child abuse (Section 16-3-85(A)(2)); accessory before the
fact to commit any of the above offenses (Section 16-1-40); and attempt
to commit any of the above offenses (Section 16-1-80). Only those
offenses specifically enumerated in this section are considered violent
offenses."
Serious offenses
SECTION 4. Section 17-25-45(C)(2) of the 1976 Code, as last
amended by Act 83 of 1995, is further amended to read:
"(2) 'Serious offense' means:
(a) any offense which is punishable by a maximum term of
imprisonment for thirty years or more which is not referenced in
subsection (C)(1);
(b) those felonies enumerated as follows:
16-3-220 Lynching, Second degree
16-3-810 Engaging child for sexual performance
16-9-22 Acceptance of bribes by officers
16-9-290 Accepting bribes for purpose of procuring
public office
16-11-110(B) Arson, Second degree
16-11-312(B) Burglary, Second degree
16-13-210(1) Embezzlement of public funds
16-13-230 Breach of trust with fraudulent intent
(B)(3)
16-13-240(1) Obtaining signature or property by false
pretenses
38-55-540(3) Insurance fraud
44-53-370(e) Trafficking in controlled substances
44-53-375(C) Trafficking in ice, crank, or crack cocaine
44-53-445 Distribute, sell, manufacture, or possess
(B)(1) & (2) with intent to distribute controlled
substances
within proximity of school
56-5-2945 Causing death by operating vehicle while
under influence of drugs or alcohol; and
(c) the offenses enumerated below:
16-1-40 Accessory before the fact for any of the offenses
listed in subitems (a) and (b)
16-1-80 Attempt to commit any of the offenses listed
in subitems (a) and (b)."
Canine accommodation
SECTION 5. The 1976 Code is amended by adding:
"Section 45-2-35. (A) Canines certified to work with law
enforcement officers or fire service personnel for the purpose of fire
investigations, training, or other related purposes must be permitted to
stay overnight with the officers or personnel when they are staying in a
place of public accommodation on official business. No extra charge may
be made for the certified canine; however, the employer of the officer or
personnel in the accompany of the canine is liable for any damage done
to the premises or facilities by the certified canine. In a nonemergency
situation, the law enforcement or fire service agency shall notify the
manager of the place of public accommodation at the time of making the
reservation for the law enforcement officer or fire service personnel that
a certified canine shall accompany the law enforcement officer or fire
service personnel.
(B) A person who refuses to allow law enforcement officers or fire
service personnel to stay overnight on official business in a place of
public accommodation because the officer or personnel is accompanied
by a certified canine is subject to a civil fine not exceeding one hundred
dollars for each violation.
(C) Hotels which operate for the express purpose of renting
individually-owned private dwellings are exempt from this section.
(D) An innkeeper of a lodging establishment, as defined in Section
45-2-20, may designate a specific room for use by the certified canine and
the accompanying law enforcement officer or fire service
personnel."
Time effective
SECTION 6. This act takes effect upon approval by the Governor.
Approved the 13th day of June, 1997. |