South Carolina General Assembly
103rd Session, 1979-1980

Bill 334

                    Current Status

Bill Number:               334
Ratification Number:       363
Act Number                 334
Introducing Body:          Senate
Subject:                   Stealing from libraries--penalties--immunity for library employees
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A334, R363, S334)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 16-13-331 AND 16-13-332, SO AS TO PROVIDE THAT CONCEALMENT OF LIBRARY PROPERTY ON LIBRARY PREMISES OR REMOVING SUCH PROPERTY FROM THE PREMISES SHALL CONSTITUTE LARCENY AND BE SUBJECT TO PENALTIES THEREFOR AND CREATE CERTAIN PRESUMPTIONS CONCERNING CONCEALMENT AND EXEMPT LIBRARY PERSONNEL FROM LIABILITY FOR ARREST OF PERSONS SUSPECTED OF LARCENY.

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

Stealing from libraries--penalties--immunity for library employees

Section 1. The 1976 Code is amended by adding:

"Section 16-13-331. Whoever, without authority, with the intention of depriving the library or archive of the ownership of such property, willfully conceals a book or other library or archive property, while still on the premises of Such library or archive, or willfully or without authority removes any hook or other property from any library or archive or collection shall be deemed guilty of a misdemeanor and upon conviction shall be punished in accordance with the following: (1) by a fine of not more than six hundred dollars or imprisonment for not more than six months; provided, however, that if the value of the library or archive property is less than fifty dollars, the punishment shall be a fine of not more than one hundred dollars or imprisonment for not more than thirty days. Proof of the willful concealment of any book or other library or archive property while still on the premises of such library or archive shall be prima facie evidence of intent to commit larceny thereof.

Section 16-13-332. A library or agent or employee of the library causing the arrest of any person pursuant to the provisions of Section 16-13-331 shall not be held civilly liable for unlawful detention, slander, malicious prosecution, false imprisonment, false arrest, or assault and battery of the person so arrested, unless excessive or unreasonable force is used; whether such arrest takes place on the premises by such agent or employee; provided that, in causing the arrest of such person, the library or agent or employee of the library had at the time of such arrest probable cause to believe that the person committed willful concealment of books or other library property."

Time effective

Section 2. This act shall take effect upon approval by the Governor.