Current Status Introducing Body:Senate Bill Number:903 Primary Sponsor:Hayes Committee Number:25 Type of Legislation:GB Subject:Shoplifting, penalties Residing Body:House Current Committee:Judiciary Computer Document Number:903 Introduced Date:19940111 Date of Last Amendment:19940120 Last History Body:House Last History Date:19940126 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Hayes Gregory Giese Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
903 House 19940126 Introduced, read first time, 25
referred to Committee
903 Senate 19940125 Read third time, sent to House
903 Senate 19940120 Amended, read second time
903 Senate 19940119 Committee Report: Favorable 11
with amendment
903 Senate 19940111 Introduced, read first time, 11
referred to Committee
903 Senate 19931122 Prefiled, referred to 11
Committee
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Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED
January 20, 1994
S. 903
S. Printed 1/20/94--S.
Read the first time January 11, 1994.
TO AMEND SECTION 16-13-110(B)(1), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUNISHMENT FOR MULTIPLE OFFENSES OF SHOPLIFTING AS A MISDEMEANOR IN WHICH THE VALUE OF THE SHOPLIFTED MERCHANDISE IS ONE THOUSAND DOLLARS OR LESS, SO AS TO PROVIDE PENALTIES FOR SECOND OR SUBSEQUENT OFFENSES.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-13-110 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"Section 16-13-110. (A) A person is guilty of shoplifting if he:
(1) takes possession of, carries away, transfers from one person to another or from one area of a store or other retail mercantile establishment to another area, or causes to be carried away or transferred any merchandise displayed, held, stored, or offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the possession, use, or benefit of the merchandise without paying the full retail value;
(2) alters, transfers, or removes any label, price tag marking, indicia of value, or any other markings which aid in determining value affixed to any merchandise displayed, held, stored, or offered for sale in a store or other retail mercantile establishment and attempts to purchase the merchandise personally or in consort with another at less than the full retail value with the intention of depriving the merchant of the full retail value of the merchandise;
(3) transfers any merchandise displayed, held, stored, or offered for sale by any store or other retail mercantile establishment from the container in which it is displayed to any other container with intent to deprive the merchant of the full retail value.
(B) A person who violates the provisions of this section is guilty of a:
(1) misdemeanor triable in magistrate's court and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days if the value of the shoplifted merchandise is one thousand dollars or less; and, upon conviction, must:
(a) for a first offense, which is triable in magistrate's court, be fined not more than five hundred dollars or imprisoned not more than thirty days, or both;
(b) for a second offense, be fined in the discretion of the court or imprisoned not more than one year, or both;
(c) for a third or subsequent offense, be fined in the discretion of the court and be imprisoned for a mandatory minimum term of imprisonment of not less than six months nor more than three years, no part of which may be suspended nor probation granted;
(2) felony and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than five years, or both, if the value of the shoplifted merchandise is more than one thousand dollars but less than five thousand dollars;
(3) felony and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than ten years, or both, if the value of the shoplifted merchandise is five thousand dollars or more."
SECTION 2. This act takes effect upon approval by the Governor.