S 0755 General Bill, By Wilson
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 16-13-135 SO AS TO PROVIDE FOR THE OFFENSES OF AND PENALTIES FOR DISTRIBUTION
 OF A THEFT DETECTION SHIELDING DEVICE, UNLAWFUL POSSESSION OF A THEFT
 DETECTION SHIELDING DEVICE, UNLAWFUL POSSESSION OF A THEFT DETECTION DEVICE
 DEACTIVATOR OR REMOVER, UNLAWFUL DISTRIBUTION OF A THEFT DEVICE DEACTIVATOR OR
 REMOVER, UNLAWFUL DEACTIVATION OR REMOVAL OF A THEFT DETECTION DEVICE, AND TO
 ALLOW AN OWNER, OPERATOR, OR EMPLOYEE OF A MERCANTILE ESTABLISHMENT TO DETAIN
 A PERSON WHO UNLAWFULLY ACTIVATES A THEFT DETECTION DEVICE UNDER CERTAIN
 CIRCUMSTANCES; TO AMEND SECTION 16-13-105, RELATING TO DEFINITIONS RELATING TO
 THE CRIME OF SHOPLIFTING, SO AS TO PROVIDE A DEFINITION FOR "CRIMINAL
 EPISODE", "THEFT DETECTION DEVICE", AND "UNIVERSAL PRODUCT CODE"; TO AMEND
 SECTION 16-13-110, AS AMENDED, RELATING TO SHOPLIFTING, SO AS TO REVISE THE
 CIRCUMSTANCES FOR WHICH A PERSON IS GUILTY OF SHOPLIFTING TO INCLUDE ALTERING,
 TRANSFERRING, OR REMOVING A UNIVERSAL PRODUCT CODE AFFIXED TO ANY MERCHANDISE,
 AND POSSESSING, USING, UTTERING, MAKING, ALTERING, COUNTERFEITING, OR
 REPRODUCING A UNIVERSAL PRODUCT CODE LABEL WITH THE INTENT TO CHEAT OR DEFRAUD
 A RETAILER, TO PROVIDE THAT A PERSON COMMITS A FELONY IF THE MERCHANDISE HE
 SHOPLIFTS COMES FROM THREE MERCANTILE ESTABLISHMENTS DURING A CRIMINAL
 EPISODE, OR IF HE POSSESSES AT LEAST FIFTEEN FRAUDULENT RETAIL SALES RECEIPTS,
 UNIVERSAL PRODUCT CODE LABELS, OR A DEVICE WITH INTENT TO MANUFACTURE
 FRAUDULENT RETAIL SALES RECEIPTS OR UNIVERSAL PRODUCT CODE LABELS UNDER
 CERTAIN CIRCUMSTANCES, AND TO PROVIDE THAT A PERSON COMMITS A MISDEMEANOR IF
 HE USES, UTTERS, TRANSFERS, MAKES, COUNTERFEITS, OR REPRODUCES A UNIVERSAL
 PRODUCT CODE LABEL UNDER CERTAIN CIRCUMSTANCES.

   06/07/01  Senate Introduced and read first time SJ-8
   06/07/01  Senate Referred to Committee on Judiciary SJ-8

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-135 SO AS TO PROVIDE FOR THE OFFENSES OF AND PENALTIES FOR DISTRIBUTION OF A THEFT DETECTION SHIELDING DEVICE, UNLAWFUL POSSESSION OF A THEFT DETECTION SHIELDING DEVICE, UNLAWFUL POSSESSION OF A THEFT DETECTION DEVICE DEACTIVATOR OR REMOVER, UNLAWFUL DISTRIBUTION OF A THEFT DEVICE DEACTIVATOR OR REMOVER, UNLAWFUL DEACTIVATION OR REMOVAL OF A THEFT DETECTION DEVICE, AND TO ALLOW AN OWNER, OPERATOR, OR EMPLOYEE OF A MERCANTILE ESTABLISHMENT TO DETAIN A PERSON WHO UNLAWFULLY ACTIVATES A THEFT DETECTION DEVICE UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 16-13-105, RELATING TO DEFINITIONS RELATING TO THE CRIME OF SHOPLIFTING, SO AS TO PROVIDE A DEFINITION FOR "CRIMINAL EPISODE", "THEFT DETECTION DEVICE", AND "UNIVERSAL PRODUCT CODE"; TO AMEND SECTION 16-13-110, AS AMENDED, RELATING TO SHOPLIFTING, SO AS TO REVISE THE CIRCUMSTANCES FOR WHICH A PERSON IS GUILTY OF SHOPLIFTING TO INCLUDE ALTERING, TRANSFERRING, OR REMOVING A UNIVERSAL PRODUCT CODE AFFIXED TO ANY MERCHANDISE, AND POSSESSING, USING, UTTERING, MAKING, ALTERING, COUNTERFEITING, OR REPRODUCING A UNIVERSAL PRODUCT CODE LABEL WITH THE INTENT TO CHEAT OR DEFRAUD A RETAILER, TO PROVIDE THAT A PERSON COMMITS A FELONY IF THE MERCHANDISE HE SHOPLIFTS COMES FROM THREE MERCANTILE ESTABLISHMENTS DURING A CRIMINAL EPISODE, OR IF HE POSSESSES AT LEAST FIFTEEN FRAUDULENT RETAIL SALES RECEIPTS, UNIVERSAL PRODUCT CODE LABELS, OR A DEVICE WITH INTENT TO MANUFACTURE FRAUDULENT RETAIL SALES RECEIPTS OR UNIVERSAL PRODUCT CODE LABELS UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THAT A PERSON COMMITS A MISDEMEANOR IF HE USES, UTTERS, TRANSFERS, MAKES, COUNTERFEITS, OR REPRODUCES A UNIVERSAL PRODUCT CODE LABEL UNDER CERTAIN CIRCUMSTANCES.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 16-13-135. (A) A person is guilty of unlawful distribution of a theft detection shielding device when he knowingly manufacturers, sells, offers for sale, or distributes a laminated or coated bag intended to shield merchandise from detection by a theft detection device.

(B) A person is guilty of unlawful possession of a theft shielding device when he knowingly possesses any laminated or coated bag or device intended to shield merchandise from detection by a theft detection device with the intent to commit or aid or abet theft.

(C) A person is guilty of unlawful possession of a theft detection device deactivator or remover when he knowingly possesses a tool or device designed to allow, or capable of allowing, the deactivation or removal from any merchandise a theft detection device, with the intent to use the tool or device to deactivate a theft detection device on, or to remove a theft detection device from any merchandise without the permission of the merchant or person owning or lawfully holding the merchandise.

(D) A person is guilty of unlawful distribution of a theft device deactivator or remover when he knowingly manufacturers, sells, offers for sale, or distributes a tool or device designed to allow, or capable of allowing, the deactivation or removal from any merchandise a theft detection device without the permission of the merchant or person owning or lawfully holding the merchandise.

(E) A person is guilty of unlawful deactivation or removal of a theft detection device when he intentionally deactivates in a retail establishment a theft detection device on, or removes a theft detection device from, merchandise prior to purchase.

(F) A person convicted of a first violation of the provisions contained in subsection (A), (B), (C), (D), or (E) is guilty of a misdemeanor triable in magistrate court and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days. A person convicted of a second or subsequent violation of the provisions contained in subsection (A), (B), (C), (D), or (E) is guilty of a felony and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than five years, or both.

(G) The activation of a theft detection device constitutes reasonable cause for an owner, operator, or employee of a mercantile establishment to detain a person who, while exiting the mercantile establishment, activates the theft detection device when notice has been posted to advise patrons that the mercantile establishment utilizes theft detection devices. A person must be detained in a reasonable manner and for a reasonable period of time sufficient for inquiry into the circumstances surrounding the activation of the device or for the recovery of goods. The taking into custody and detention by a law enforcement officer, security officer, merchant, merchant's employee or agent, if done in compliance with the provisions contained in this subsection, shall not render the law enforcement officer, security officer, merchant, merchant's employee or agent, criminally or civilly liable, including any liability for false arrest, false imprisonment, unlawful detention, malicious prosecution, intentional infliction of emotional distress, or defamation for his actions.

SECTION 2. Section 16-13-105 of the 1976 Code is amended to read:

"Section 16-13-105. When used in Sections 16-13-110, 16-13-120 and 16-13-140 the terms listed below shall have the following meanings:

(1) 'Conceal' means to hide merchandise on the person or among the belongings of a person so that, although there may be some notice of its presence, it is not visible through ordinary observation.

(2) 'Criminal episode' means theft committed from three or more individual mercantile establishments over a five-day period.

(3) 'Full retail value' means the merchant's stated or advertised price of merchandise.

(3)(4) 'Merchandise' means any goods, chattels, foodstuffs, or wares of any type and description, regardless of value.

(4)(5) 'Merchant' means an owner or operator of any a retail mercantile establishment or any an agent, employee, lessee, consignee, officer, director, franchisee, or independent contractor of the owner or operator.

(5)(6) 'Store or other retail mercantile establishment' means a place where merchandise is displayed, held, stored or sold, or offered to the public for sale.

(7) 'Theft detection device' means a mechanism or other device designed and operated for the purpose of detecting the removal from a mercantile establishment or similar enclosure or from a protected area within such an enclosure of specially marked or tagged merchandise.

(8) 'Universal product code' means a scannable number and bar code that identifies products or merchandise."

SECTION 3. Section 16-13-110 of the 1976 Code, as last amended by Act 184 of 1993, is 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 a 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 a label, price tag marking, universal product code, 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 a 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.;

(4) possesses, uses, utters, makes, alters, counterfeits, or reproduces a Universal Product Code Label with the intent to cheat or defraud a retailer.

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

(1) misdemeanor triable in magistrate's magistrate 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;

(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, or if the shoplifted merchandise is from three mercantile establishments during a criminal episode regardless of the value of the merchandise;

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

(4) misdemeanor triable in magistrate court and, upon conviction, must be fined not more than five hundred dollars, or imprisoned not more than thirty days if the person, with intent to cheat or defraud a retailer, possesses, uses, utters, transfers, makes, counterfeits, or reproduces a Universal Product Code Label;

(5) felony, and, upon conviction must be fined not more than one thousand dollars or imprisoned not more than five years, or both, if the person with intent to cheat or defraud a retailer, possesses fifteen or more fraudulent retail sales receipts, Universal Product Code Labels, or a device with the intent to manufacture fraudulent retail sales receipts or Universal Product Code Labels."

SECTION 4. This act takes effect upon approval by the Governor.