H*2490 Session 107 (1987-1988)
H*2490(Rat #0134, Act #0095 of 1987) General Bill, By Sheheen and Wilkins
A Bill to amend Sections 16-3-240, Code of Laws of South Carolina, 1976,
relating to members of a mob guilty as principals; 16-11-820, relating to
unlawful use of cable television service; 16-13-120 and 16-13-130, relating to
shoplifting; 16-13-220, relating to embezzlement of public funds; 16-14-90,
relating to fraudulent acquisition of transportation tickets obtained at a
discount; 16-15-300, relating to distribution of obscene materials to the
public; 16-17-230, relating to desecration or mutilation of federal and state
flags; and 56-5-2950, relating to implied consent to take a chemical test to
determine the alcoholic content of a motor vehicle operator's blood, so as to
change certain references to "presumptions", "rebuttable presumptions", and
"conclusive presumptions" to a "permissive inference" reference in order to
bring these Sections in conformity with existing constitutional law, and to
further revise these Sections in order to accomplish the above.
02/18/87 House Introduced and read first time HJ-583
02/18/87 House Referred to Committee on Judiciary HJ-584
04/08/87 House Committee report: Favorable Judiciary HJ-1654
04/09/87 House Read second time HJ-1763
04/09/87 House Unanimous consent for third reading on next
legislative day HJ-1766
04/10/87 House Read third time and sent to Senate HJ-1802
04/14/87 Senate Introduced and read first time SJ-1274
04/14/87 Senate Referred to Committee on Judiciary SJ-1275
04/29/87 Senate Committee report: Favorable Judiciary SJ-1566
04/30/87 Senate Read second time SJ-1637
04/30/87 Senate Ordered to third reading with notice of
amendments SJ-1638
05/05/87 Senate Read third time and enrolled SJ-1675
05/12/87 Ratified R 134
05/14/87 Signed By Governor
05/14/87 Effective date 05/14/87
05/14/87 Act No. 95
05/27/87 Copies available
(A95, R134, H2490)
AN ACT TO AMEND SECTIONS 16-3-240, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO MEMBERS OF A MOB GUILTY AS PRINCIPALS; 16-11-820, RELATING TO
UNLAWFUL USE OF CABLE TELEVISION SERVICE; 16-13-120 AND 16-13-130, RELATING TO
SHOPLIFTING; 16-13-220, RELATING TO EMBEZZLEMENT OF PUBLIC FUNDS; 16-14-90,
RELATING TO FRAUDULENT ACQUISITION OF TRANSPORTATION TICKETS OBTAINED AT A
DISCOUNT; 16-15-300, RELATING TO DISTRIBUTION OF OBSCENE MATERIALS TO THE PUBLIC;
16-17-230, RELATING TO DESECRATION OR MUTILATION OF FEDERAL AND STATE FLAGS; AND
56-5-2950, RELATING TO IMPLIED CONSENT TO TAKE A CHEMICAL TEST TO DETERMINE THE
ALCOHOLIC CONTENT OF A MOTOR VEHICLE OPERATOR'S BLOOD, SO AS TO CHANGE CERTAIN
REFERENCES TO "PRESUMPTIONS", "REBUTTABLE PRESUMPTIONS", AND
"CONCLUSIVE PRESUMPTIONS" TO A "PERMISSIVE INFERENCE"
REFERENCE IN ORDER TO BRING THESE SECTIONS IN CONFORMITY WITH EXISTING
CONSTITUTIONAL LAW, AND TO FURTHER REVISE THESE SECTIONS IN ORDER TO ACCOMPLISH
THE ABOVE.
Be it enacted by the General Assembly of the State of South Carolina:
Permissive inferences - references
SECTION 1. Section 16-3-240 of the 1976 Code is amended to read:
"Section 16-3-240. It is permissible to infer that all persons present
as members of a mob when an act of violence is committed have aided and abetted
the crime and are guilty as principals."
Permissive inferences - references
SECTION 2. Section 16-11-820 of the 1976 Code is amended to read:
"Section 16-11-820. It is unlawful for any person knowingly to obtain or
use cable television service without the authorization of, or payment to, the
operator of the service. It is permissible to infer that the existence of any
connection, wire, conductor, or other device whatsoever, between facilities of
a cable television system or closed circuit coaxial cable communication system
and the premises occupied by the person which makes possible the use of cable
television service by any person without that use being specifically authorized
by, or compensation paid to, the operator of cable television service indicates
that the occupant of the premises has violated this section. If any person pays
the amount charged for service provided by the operator of the cable television
system, whether or not the amount billed is in conformity with the established
charges for the service, the person is not guilty of any offense hereunder by
reason of the use of the service."
Permissive inferences - references
SECTION 3. Section 16-13-120 of the 1976 Code is amended to read:
"Section 16-13-120. It is permissible to infer that any person wilfully
concealing unpurchased goods or merchandise of any store or other mercantile
establishment either on the premises or outside the premises of the store has
concealed the article with the intention of converting it to his own use without
paying the purchase price thereof within the meaning of Section 16-13-110. It
is also permissible to infer that the finding of the unpurchased goods or
merchandise concealed upon the person or among the belongings of the person is
evidence of wilful concealment. If the person conceals or causes to be concealed
the unpurchased goods or merchandise upon the person or among the belongings of
another, it is also permissible to infer that the person so concealing such goods
wilfully concealed them with the intention of converting them to his own use
without paying the purchase price thereof within the meaning of Section
16-13-110."
Permissive inferences - references
SECTION 4. Section 16-13-130 of the 1976 Code is amended to read:
"Section 16-13-130. The offense created by Section 16-13-110 and the
inferences provided in Section 16-13-120 are not exclusive and are in addition
to previously existing offenses and those rights and presumptions as were
heretofore provided by law."
Permissive inferences - references
SECTION 5. Section 16-13-220 of the 1976 Code is amended to read:
"Section 16-13-220. In trials under Section 16-13-210, upon production
of evidence tending to prove that any such officer or other person has received
public funds and failed to account for the funds as required by law, it is
permissible to infer that the funds received and unaccounted for have been
fraudulently appropriated by the officer or person."
Permissive inferences - references
SECTION 6. Section 16-14-90 of the 1976 Code is amended to read:
"Section 16-14-90. It is permissible to infer that a person who obtains
at a discount price a ticket issued by an airline, railroad, steamship, or other
transportation company from other than an authorized agent of the company which
was acquired in violation of Section 16-14-60(a) without reasonable inquiry to
ascertain that the person from whom it was obtained had a legal right to possess
knew that the ticket was acquired under circumstances constituting a violation
of Section 16-14-60(a)."
Permissive inferences - references
SECTION 7. Section 16-15-300 of the 1976 Code is amended to read:
"Section 16-15-300. It is permissible to infer that a person who
possesses two or more copies of identical obscene material or ten or more copies
of similar obscene material possesses them with intent to distribute them, and
it is also permissible to infer that a person who manufactures, prepares,
publishes, or prints any obscene material in two or more copies did so in order
that the material would be made available to the public."
Permissive inferences - references
SECTION 8. Section 16-17-230 of the 1976 Code is amended to read:
"Section 16-17-230. It is permissible to infer that possession by any
person, other than a public officer as such, of any flag, standard, color, or
ensign on which is anything made unlawful at any time by Section 16-17-220 or of
any article, substance, or thing on which is anything made unlawful at any time
by that section is in violation of that section."
Permissive inferences - references
SECTION 9. Section 56-5-2950(b) of the 1976 Code is amended to read:
"(b) In any criminal prosecution for the violation of Section 56-5-2930
relating to driving a vehicle under the influence of intoxicating liquor, the
amount of alcohol in the defendant's blood at the time of the alleged violation,
as shown by chemical analysis of the defendant's breath, gives rise to the
following presumptions or inferences:
(1) if there was at that time five one-hundredths of one percent or less by
weight of alcohol in the defendant's blood, it must be conclusively presumed that
the defendant was not under the influence of intoxicating liquor;
(2) if there was at that time in excess of five one-hundredths of one percent
but less than ten one-hundredths of one percent by weight of alcohol in the
defendant's blood, this fact shall not give rise to any presumption that the
defendant was or was not under the influence of intoxicating liquor, but this
fact may be considered with other competent evidence in determining the guilt or
innocence of the defendant; and
(3) if there was at that time ten one-hundredths of one percent or more by
weight of alcohol in the defendant's blood, it is permissible to infer that the
defendant was under the influence of intoxicating liquor.
The provisions of this section must not be construed as limiting the
introduction of any other competent evidence bearing upon the question whether
or not the defendant was under the influence of intoxicating liquor."
Time effective
SECTION 10. This act takes effect upon approval by the Governor. |