South Carolina General Assembly
107th Session, 1987-1988

Bill 2490


                    Current Status

Bill Number:               2490
Ratification Number:       134
Act Number                 95
Introducing Body:          House
Subject:                   Members of a mob guilty as
                           principals
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(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.