Current Status Bill Number:
220Ratification Number: 270Act Number: 261Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 19970121Primary Sponsor: HayesAll Sponsors: HayesDrafted Document Number: pt\2289mm.97Date Bill Passed both Bodies: 19980210Date of Last Amendment: 19980204Governor's Action: SDate of Governor's Action: 19980220Subject: Nuisances, abatement of; Crimes and Offenses, Torts
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ ------ 19980306 Act No. A261 ------ 19980220 Signed by Governor ------ 19980217 Ratified R270 Senate 19980210 Concurred in House amendment, enrolled for ratification House 19980205 Read third time, returned to Senate with amendment House 19980204 Amended, read second time House 19980203 Debate adjourned House 19980128 Committee report: Favorable with 25 HJ amendment House 19970429 Introduced, read first time, 25 HJ referred to Committee Senate 19970429 Read third time, sent to House Senate 19970424 Read second time Senate 19970424 Committee amendment adopted Senate 19970423 Committee report: Favorable with 11 SJ amendment Senate 19970121 Introduced, read first time, 11 SJ referred to CommitteeView additional legislative information at the LPITS web site.
(A261, R270, S220)
AN ACT TO AMEND SECTION 15-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ABATEMENT OF NUISANCES, SO AS TO INCLUDE THE USE OF BUILDINGS OR PLACES FOR REPEATED ACTS OF UNLAWFUL POSSESSION OR SALE OF CONTROLLED SUBSTANCES AND CONTINUOUS BREACH OF THE PEACE AS NUISANCES SUBJECT TO ABATEMENT, AND TO DEFINE CONTINUOUS BREACH OF THE PEACE.
Be it enacted by the General Assembly of the State of South Carolina:
Repeated unlawful possession or sale of controlled substance and breach of peace are nuisances
SECTION 1. Section 15-43-10 of the 1976 Code is amended to read:
"Section 15-43-10. (A) A person who erects, establishes, continues, maintains, uses, owns, occupies, leases, or releases any building or other place used for the purposes of lewdness, assignation, prostitution, repeated acts of unlawful possession or sale of controlled substances, or continuous breach of the peace in this State is guilty of a nuisance; and the building, place, or the ground itself in or upon which the lewdness, assignation, prostitution, repeated acts of unlawful possession or sale of controlled substances, or continuous breach of the peace is conducted, permitted, carried on, continued, or exists and the furniture, fixtures, musical instruments, and movable property used in conducting or maintaining the nuisance also are declared a nuisance and shall be enjoined and abated as provided in this chapter.
(B) As used in this section 'continuous breach of the peace' means a pattern of repeated acts or conduct which either (1) directly disturbs the public peace or (2) disturbs the public peace by inciting or tending to incite violence.
(C) Nothing in this section supplants, alters, or limits a statutory or common law right of a person to bring an action in court or the right of the State to prosecute a person for a violation of a statute or common law."
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 20th day of February, 1998.