Bill 3020

                    Current Status

Bill Number:                       3020
Type of Legislation:               General Bill GB
Introducing Body:                  House
Introduced Date:                   19950110
Primary Sponsor:                   Vaughn 
All Sponsors:                      Vaughn, Meacham, Wells 
Drafted Document Number:           DKA\3481CM.95
Residing Body:                     Senate
Current Committee:                 Judiciary Committee 11 SJ
Subject:                           Public school official,
                                   threatening of

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

Senate  19950216  Introduced, read first time,             11 SJ
                  referred to Committee
House   19950215  Read third time, sent to Senate
House   19950214  Read second time
House   19950208  Committee report: Favorable              25 HJ
House   19950110  Introduced, read first time,             25 HJ
                  referred to Committee
House   19941214  Prefiled, referred to Committee          25 HJ

Indicates Matter Stricken
Indicates New Matter

COMMITTEE REPORT

February 8, 1995

H. 3020

S. Printed 2/8/95--H.

Read the first time January 10, 1995.

To whom was referred a Bill (H. 3020), to amend Section 16-3-1040, Code of Laws of South Carolina, 1976, relating to threatening a public or school official, etc., respectfully

That they have duly and carefully considered the same, and recommend that the same do pass:

JAMES H. HARRISON, for Committee.

A BILL

TO AMEND SECTION 16-3-1040, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THREATENING A PUBLIC OR SCHOOL OFFICIAL, SO AS TO PROVIDE THAT THE THREAT MUST BE A RESULT OF THE DUTIES OR BUSINESS OF THE OFFICIAL AND NOT A RESULT OF ANY PRIVATE OR PERSONAL BUSINESS.

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

SECTION 1. Section 16-3-1040 of the 1976 Code, as last amended by Act 579 of 1990, is further amended to read:

"Section 16-3-1040. It is unlawful for any a person to knowingly and wilfully deliver or convey to a public official or to a teacher or principal of an elementary or secondary school any letter or paper, writing, print, missive, document, or electronic communication or any verbal or electronic communication which contains any a threat to take the life of or to inflict bodily harm upon the public official, teacher, or principal, or members of their immediate families. The threat must arise out of or be in connection with the performance or nonperformance of official duties or business and not any private or personal business with the public official, teacher, or principal.

Any A person who violating violates the provisions of this section must, upon conviction, must be punished by a term of imprisonment of not more than five years. For purposes of this section:

(1) `Public official' means any an elected or appointed official of the United States or of this State or of a county, municipality, or other political subdivision of this State.

(2) `Immediate family' means the spouse, child, grandchild, mother, father, sister, or brother of the public official, teacher, or principal."

SECTION 2. This act takes effect upon approval by the Governor.