H*4976(Rat #0437, Act #0356 of 1996)  General Bill, By Rhoad and Cave
 A Bill to amend Section 16-11-110, Code of Laws of South Carolina, 1976,
 relating to arson, so as to provide that the provisions of this Section that
 apply to buildings also apply to buildings of worship, and to amend Section
 16-11-535, relating to malicious injury to a place of worship, so as to revise
 the penalty.-amended title

   04/24/96  House  Introduced, read first time, placed on calendar
                     without reference HJ-442
   04/25/96  House  Read second time HJ-78
   04/25/96  House  Unanimous consent for third reading on next
                     legislative day HJ-78
   04/26/96  House  Read third time and sent to Senate HJ-2
   04/29/96  Senate Introduced and read first time SJ-19
   04/29/96  Senate Referred to Committee on Judiciary SJ-19
   05/08/96  Senate Committee report: Favorable with amendment
                     Judiciary SJ-16
   05/09/96  Senate Amended SJ-98
   05/09/96  Senate Read second time SJ-98
   05/09/96  Senate Unanimous consent for third reading on next
                     legislative day SJ-99
   05/10/96  Senate Read third time and returned to House with
                     amendments SJ-2
   05/15/96  House  Concurred in Senate amendment and enrolled HJ-50
   05/23/96         Ratified R 437
   05/29/96         Signed By Governor
   05/29/96         Effective date 05/29/96
   06/06/96         Copies available
   06/06/96         Act No. 356

AN ACT TO AMEND SECTION 16-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARSON, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION THAT APPLY TO BUILDINGS ALSO APPLY TO BUILDINGS OF WORSHIP, AND TO AMEND SECTION 16-11-535, RELATING TO MALICIOUS INJURY TO A PLACE OF WORSHIP, SO AS TO REVISE THE PENALTY.

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

Arson

SECTION 1. Section 16-11-110 of the 1976 Code is 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:

(1) the burning of a building or structure which results in the destruction or damage to the building, or

(2) the burning of a building or structure, 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 five nor more than twenty-five years.

(B) Any 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 or any kitchen, shop, barn, stable, or other outhouse that is parcel to or belonging to or adjoining to it, whether the property belongs to him or another person, is guilty of arson in the second degree and, upon conviction, must be imprisoned not less than two nor more than twenty years.

(C) 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 other than those specified in subsections (A) or (B) with intent to destroy or damage the building, whether his own or another's, is guilty of arson in the third degree and, upon conviction, must be imprisoned not less than one and not more than ten years.

(D) A building or structure, as used in subsections (A) or (C), includes a building of worship such as a church, mosque, masjid, or synagogue."

Defacing a house of worship

SECTION 2. Section 16-11-535 of the 1976 Code is amended to read:

"Section 16-11-535. Whoever shall wilfully, unlawfully, and maliciously vandalize, deface, damage, or destroy or attempt to vandalize, deface, damage, or destroy any place, structure, or building of worship or aid, agree with, employ, or conspire with any person to do or cause to be done any of the acts mentioned above is guilty of a felony and, upon conviction, must be imprisoned not less than six months nor more than ten years or fined not more than ten thousand dollars, or both."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 29th day of May, 1996.