Bill 3449

                    Current Status

Bill Number:                       3449
Type of Legislation:               General Bill GB
Introducing Body:                  House
Introduced Date:                   19970212
Primary Sponsor:                   Haskins
All Sponsors:                      Haskins, Altman, H. Brown,
                                   Knotts, Mason, Lee, R. Smith,
                                   Davenport, Sandifer, Cooper,
                                   Littlejohn, Phillips, McMahand,
                                   F. Smith, Cato, Chellis, Koon,
                                   Vaughn, Hamilton, Leach, Rhoad,
                                   Campsen, Riser, Koon, Stille, Kinon,
                                   Limehouse, Young-Brickell, Battle,
                                   Meacham, Whatley, Byrd, Webb,
                                   Simrill and Barrett 
Drafted Document Number:           bbm\9135cm.97
Residing Body:                     Senate
Current Committee:                 Judiciary Committee 11 SJ
Date of Last Amendment:            19970415
Subject:                           Eavesdropper or Peeping Tom,
                                   unlawful on public premise; Crimes
                                   and Offenses

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________
Senate  19970417  Introduced, read first time,             11 SJ
                  referred to Committee
House   19970416  Read third time, sent to Senate
House   19970415  Amended, read second time
House   19970410  Committee report: Favorable with         25 HJ
                  amendment
House   19970212  Introduced, read first time,             25 HJ
                  referred to Committee

AMENDED

April 15, 1997

H. 3449

Introduced by Reps. Haskins, Altman, H. Brown, Knotts, Mason, Lee, R. Smith, Davenport, Sandifer, Cooper, Littlejohn, Phillips, McMahand, F. Smith, Cato, Chellis, Koon, Vaughn, Hamilton, Leach, Rhoad, Campsen, Riser, Koon, Stille, Kinon, Limehouse, Young-Brickell, Battle, Meacham, Whatley, Byrd, Webb, Simrill and Barrett

S. Printed 4/15/97--H.

Read the first time February 12, 1997.

1. Estimated Cost to State-First Year$ - 0 -

2. Estimated Cost to State-Annually Thereafter$ - 0 -

This bill would have no effect on the general fund.

Approved By:

Michael L. Shealy

Office of State Budget

TO AMEND SECTION 16-17-470, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EAVESDROPPING OR PEEPING, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO BE AN EAVESDROPPER OR A PEEPING TOM ON A PUBLIC PREMISE.

Amend Title To Conform

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

SECTION 1. The 1976 Code is amended by adding:

"Section 16-17-471. (A) It is unlawful for a person to gaze, stare, peep, photograph, videotape, or film a nonconsenting person who is (1) totally nude, (2) clad in undergarments, or (3) in a state of undress so as to expose the genitals, pubic area, buttocks, or female breast in a restroom, dressing room, locker room, hotel room, motel room, tanning bed, tanning booth, bedroom, or other location, and the circumstances are otherwise such that a person being viewed would have a reasonable expectation of privacy. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than three years, or both.

(B) The provisions of this section shall not apply to filming, videotaping, or photographing by law enforcement officers pursuant to a lawful criminal investigation or correctional officials and local or regional jail officials for security purposes or for investigations of alleged misconduct involving a person committed to the Department of Corrections. The provisions of this section shall also not apply to persons licensed and bonded pursuant to Section 40-17-50 acting in the course of a lawful investigation."

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