S 0903 General Bill, By Hayes, Giese and Gregory
 A Bill to amend Section 16-13-110(B)(1), Code of Laws of South Carolina, 1976,
 relating to punishment for multiple offenses of shoplifting as a misdemeanor
 in which the value of the shoplifted merchandise is one thousand dollars or
 less, so as to provide penalties for second or subsequent offenses.

   11/22/93  Senate Prefiled
   11/22/93  Senate Referred to Committee on Judiciary
   01/11/94  Senate Introduced and read first time SJ-34
   01/11/94  Senate Referred to Committee on Judiciary SJ-34
   01/19/94  Senate Committee report: Favorable with amendment
                     Judiciary SJ-19
   01/20/94  Senate Amended SJ-39
   01/20/94  Senate Read second time SJ-39
   01/25/94  Senate Read third time and sent to House SJ-12
   01/26/94  House  Introduced and read first time HJ-12
   01/26/94  House  Referred to Committee on Judiciary HJ-12

COMMITTEE AMENDMENT ADOPTED

January 20, 1994

S. 903

S. Printed 1/20/94--S.

Read the first time January 11, 1994.

A BILL

TO AMEND SECTION 16-13-110(B)(1), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUNISHMENT FOR MULTIPLE OFFENSES OF SHOPLIFTING AS A MISDEMEANOR IN WHICH THE VALUE OF THE SHOPLIFTED MERCHANDISE IS ONE THOUSAND DOLLARS OR LESS, SO AS TO PROVIDE PENALTIES FOR SECOND OR SUBSEQUENT OFFENSES.

Amend Title To Conform

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

SECTION 1. Section 16-13-110 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:

"Section 16-13-110. (A) A person is guilty of shoplifting if he:

(1) takes possession of, carries away, transfers from one person to another or from one area of a store or other retail mercantile establishment to another area, or causes to be carried away or transferred any merchandise displayed, held, stored, or offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the possession, use, or benefit of the merchandise without paying the full retail value;

(2) alters, transfers, or removes any label, price tag marking, indicia of value, or any other markings which aid in determining value affixed to any merchandise displayed, held, stored, or offered for sale in a store or other retail mercantile establishment and attempts to purchase the merchandise personally or in consort with another at less than the full retail value with the intention of depriving the merchant of the full retail value of the merchandise;

(3) transfers any merchandise displayed, held, stored, or offered for sale by any store or other retail mercantile establishment from the container in which it is displayed to any other container with intent to deprive the merchant of the full retail value.

(B) A person who violates the provisions of this section is guilty of a:

(1) misdemeanor triable in magistrate's court and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days if the value of the shoplifted merchandise is one thousand dollars or less; and, upon conviction, must:

(a) for a first offense, which is triable in magistrate's court, be fined not more than five hundred dollars or imprisoned not more than thirty days, or both;

(b) for a second offense, be fined in the discretion of the court or imprisoned not more than one year, or both;

(c) for a third or subsequent offense, be fined in the discretion of the court and be imprisoned for a mandatory minimum term of imprisonment of not less than six months nor more than three years, no part of which may be suspended nor probation granted;

(2) felony and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than five years, or both, if the value of the shoplifted merchandise is more than one thousand dollars but less than five thousand dollars;

(3) felony and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than ten years, or both, if the value of the shoplifted merchandise is five thousand dollars or more."

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