S*0182(Rat #0260, Act #0224 of 2002)  General Bill, By Hawkins, Ritchie, Reese and 
Branton
 A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE SENTENCING PROCEEDING TO DETERMINE WHETHER A PERSON
 CONVICTED OF MURDER SHOULD BE SENTENCED TO DEATH, SO AS TO PROVIDE THAT THE
 MURDER OF A FORMER FEDERAL, STATE, OR LOCAL LAW ENFORCEMENT OFFICER, OR
 CERTAIN CURRENT OR FORMER CORRECTIONS OFFICERS IS A STATUTORY AGGRAVATING
 CIRCUMSTANCE, TO SUBSTITUTE THE TERM "CORRECTIONS OFFICER" FOR THE TERM
 "CORRECTIONS EMPLOYEE"; TO AMEND SECTION 16-11-110, AS AMENDED, RELATING TO
 ARSON, SO AS TO MAKE A TECHNICAL CHANGE, AND TO PROVIDE A DEFINITION FOR THE
 TERM "DAMAGE"; TO AMEND SECTION 40-80-20, RELATING TO THE REQUIREMENT THAT A
 PROSPECTIVE FIREFIGHTER MUST UNDERGO A CRIMINAL BACKGROUND CHECK BEFORE HE MAY
 BE EMPLOYED AS A FIREFIGHTER, SO AS TO REVISE THE CONDITIONS UPON WHICH A
 FIREFIGHTER OR PROSPECTIVE FIREFIGHTER MUST UNDERGO A CRIMINAL BACKGROUND
 CHECK AND MAY NOT PERFORM FIREFIGHTING DUTIES; AND TO PROVIDE THAT THE STATE
 LAW ENFORCEMENT DIVISION IS NOT REQUIRED TO IMPLEMENT CERTAIN PROVISIONS
 PERTAINING TO THE COMPULSORY PROCESS FOR OBTAINING WITNESSES UNTIL THE GENERAL
 ASSEMBLY FUNDS THE PROGRAM.-amended title

   01/23/01  Senate Introduced and read first time SJ-6
   01/23/01  Senate Referred to Committee on Judiciary SJ-6
   02/28/01  Senate Committee report: Favorable with amendment
                     Judiciary SJ-7
   03/01/01  Senate Amended SJ-15
   03/01/01  Senate Read second time SJ-15
   03/01/01  Senate Ordered to third reading with notice of
                     amendments SJ-15
   03/06/01  Senate Read third time and sent to House SJ-25
   03/07/01  House  Introduced and read first time HJ-9
   03/07/01  House  Referred to Committee on Judiciary HJ-9
   05/23/01  House  Committee report: Favorable with amendment
                     Judiciary HJ-88
   05/29/01  House  Amended HJ-26
   05/29/01  House  Read second time HJ-27
   05/30/01  House  Read third time and returned to Senate with
                     amendments HJ-13
   06/07/01  Senate House amendment amended SJ-199
   06/07/01  Senate Returned to House with amendments SJ-199
   06/07/01  House  Non-concurrence in Senate amendment HJ-170
   02/05/02  Senate Senate insists upon amendment and conference
                     committee appointed Sens. Hawkins, Hutto,
                     Gregory SJ-25
   02/06/02  House  Conference committee appointed Reps. Law, Wilder
                     and Delleney HJ-2
   03/20/02  Senate Free conference powers granted SJ-31
   03/20/02  Senate Free conference committee appointed Sens.
                     Hawkins, Hutto, Gregory SJ-31
   03/26/02  House  Free conference powers granted HJ-40
   03/26/02  House  Free conference committee appointed Reps.
                     Delleney, Law and Wilder HJ-41
   03/26/02  House  Free conference report adopted HJ-41
   04/10/02  Senate Free conference report received and adopted SJ-21
   04/11/02  House  Ordered enrolled for ratification HJ-29
   04/25/02         Ratified R 260
   05/01/02         Signed By Governor
   05/14/02         Act No. 224
   06/25/02         Effective date 05/01/02  Applies to offenses
                     committed on or after the effective date
   06/25/02         Copies available

AN ACT TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SENTENCING PROCEEDING TO DETERMINE WHETHER A PERSON CONVICTED OF MURDER SHOULD BE SENTENCED TO DEATH, SO AS TO PROVIDE THAT THE MURDER OF A FORMER FEDERAL, STATE, OR LOCAL LAW ENFORCEMENT OFFICER, OR CERTAIN CURRENT OR FORMER CORRECTIONS OFFICERS IS A STATUTORY AGGRAVATING CIRCUMSTANCE, TO SUBSTITUTE THE TERM "CORRECTIONS OFFICER" FOR THE TERM "CORRECTIONS EMPLOYEE"; TO AMEND SECTION 16-11-110, AS AMENDED, RELATING TO ARSON, SO AS TO MAKE A TECHNICAL CHANGE, AND TO PROVIDE A DEFINITION FOR THE TERM "DAMAGE"; TO AMEND SECTION 40-80-20, RELATING TO THE REQUIREMENT THAT A PROSPECTIVE FIREFIGHTER MUST UNDERGO A CRIMINAL BACKGROUND CHECK BEFORE HE MAY BE EMPLOYED AS A FIREFIGHTER, SO AS TO REVISE THE CONDITIONS UPON WHICH A FIREFIGHTER OR PROSPECTIVE FIREFIGHTER MUST UNDERGO A CRIMINAL BACKGROUND CHECK AND MAY NOT PERFORM FIREFIGHTING DUTIES; AND TO PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION IS NOT REQUIRED TO IMPLEMENT CERTAIN PROVISIONS PERTAINING TO THE COMPULSORY PROCESS FOR OBTAINING WITNESSES UNTIL THE GENERAL ASSEMBLY FUNDS THE PROGRAM.

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

Sentencing procedure for a murderer

SECTION 1. Section 16-3-20(C)(a)(7) of the 1976 Code is amended to read:

"(7) The murder of a federal, state, or local law enforcement officer or former federal, state, or local law enforcement officer, peace officer or former peace officer, corrections officer or former corrections officer, including a county or municipal corrections officer or a former county or municipal corrections officer, a county or municipal detention facility employee or former county or municipal detention facility employee, or fireman or former fireman during or because of the performance of his official duties."

Arson

SECTION 2. Section 16-11-110 of the 1976 Code, as last amended by Act 113 of 1997, 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 a burning that results in damage to 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 that results in damage to 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 a burning which results in damage to a building or structure other than those specified in subsection (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 a burning that results in damage to a building or structure other than those specified in subsection (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.

(D) For purposes of this section, 'damage' means an application of fire or explosive that results in burning, charring, blistering, scorching, smoking, singeing, discoloring, or changing the fiber or composition of a building, structure, or any property specified in this section."

Firefighter criminal background check

SECTION 3. Section 40-80-20 of the 1976 Code, as added by Act 60 of 2001, is amended read:

"Section 40-80-20. (A)(1) Prior to employment of any firefighter, paid or volunteer, the fire chief or other employer must ensure that each prospective firefighter undergoes a criminal records check conducted by a law enforcement agency.

(2) The cost of the criminal records check must not exceed eight dollars.

(3) A criminal records check is not required for a firefighter employed as of June 30, 2001, if the firefighter is employed with the same fire department that he was employed with on June 30, 2001. Upon separation from the fire department that he was employed with on June 30, 2001, a firefighter must comply with the provisions of Section 40-80-40.

(B)(1) After June 30, 2001, a person must not perform firefighting duties in South Carolina if the person has been convicted of, or pled guilty or nolo contendere to:

(a) a felony;

(b) arson or any other offense provided in Article 3, Chapter 11, Title 16; or

(c) an offense involving a controlled substance as provided for in Chapter 53, Title 44.

(2) The prohibition in item (1) of this subsection applies for a period of ten years after the conviction or plea of guilty or nolo contendere.

After the expiration of the ten-year period, it is within a fire chief's or other employer's discretion to determine whether or not to allow a person with a criminal record to perform firefighting duties."

Compulsory process for obtaining witnesses

SECTION 4. Notwithstanding any other provision of law, the State Law Enforcement Division is not required to implement those provisions of Section 56-5-2934 as contained in Section 9 of Act 390 of 2000 pertaining to the compulsory process for obtaining witnesses until such time that the General Assembly provides funding for the program. The State Law Enforcement Division must reassess the costs necessary to implement this program and present information regarding the costs to the House Ways and Means Committee and the Senate Finance Committee during each committee's budget hearings for fiscal year 2003-2004.

Time effective

SECTION 5. This act takes effect upon approval by the Governor and applies to offenses committed on or after the effective date.

Ratified the 25th day of April, 2002.

Approved the 1st day of May, 2002.