Current Status Bill Number:377 Ratification Number:286 Act Number:272 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19970213 Primary Sponsor:Giese All Sponsors:Giese Drafted Document Number:dka\3959mm.97 Date Bill Passed both Bodies:19980327 Date of Last Amendment:19970417 Governor's Action:S Date of Governor's Action:19980407 Subject:Property, malicious injury to; penalties, Crimes and Offenses; Minors, Juveniles, placement in detention center
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ ------ 19980423 Act No. A272 ------ 19980407 Signed by Governor ------ 19980401 Ratified R286 House 19980327 Read third time, enrolled for ratification House 19980326 Read second time, unanimous consent for third reading on Friday, 19980327 House 19980325 Committee report: Favorable 25 HJ House 19970423 Introduced, read first time, 25 HJ referred to Committee Senate 19970422 Read third time, sent to House Senate 19970417 Read second time Senate 19970417 Committee amendment adopted Senate 19970416 Committee report: Favorable with 11 SJ amendment Senate 19970213 Introduced, read first time, 11 SJ referred to CommitteeView additional legislative information at the LPITS web site.
(A272, R286, S377)
AN ACT TO AMEND SECTIONS 16-11-510 AND 16-11-520, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MALICIOUS INJURY TO PERSONAL AND REAL PROPERTY, SO AS TO PROVIDE THAT THE PENALTIES FOR VIOLATING EITHER CRIME APPLY WHEN INJURY TO THE PROPERTY OR PROPERTY LOSS OCCURS AND TO PROVIDE FOR IMPRISONMENT OR FINES, OR BOTH, AS PENALTIES; AND TO AMEND SECTION 20-7-7210, AS AMENDED, RELATING TO ELIGIBILITY OF JUVENILES FOR PLACEMENT IN A SECURE DETENTION CENTER TO INCLUDE A JUVENILE WHO COMMITS A MISDEMEANOR OTHER THAN A VIOLENT CRIME AND WHO IS AWAITING ADJUDICATION IN ANOTHER DELINQUENCY PROCEEDING OR HAS A RECENT RECORD OF OTHER MISDEMEANOR ADJUDICATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
Injury to or loss of personal property
SECTION 1. Section 16-11-510(B) of the 1976 Code, as last amended by Section 104, Act 184 of 1993, is further amended to read:
(B) A person who violates the provisions of this section is guilty of a:
(1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the injury to the property or the property loss is worth five thousand dollars or more;
(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the injury to the property or the property loss is worth more than one thousand dollars but less than five thousand dollars;
(3) misdemeanor triable in magistrate's court if the injury to the property or the property loss is worth one thousand dollars or less. Upon conviction, the person must be fined or imprisoned, or both, as permitted by law and without presentment or indictment by the grand jury.
Injury to or loss of real property
SECTION 2. Section 16-11-520(B) of the 1976 Code, as last amended by Section 105, Act 184 of 1993, is further amended to read:
"(B) A person who violates the provisions of this section is guilty of a:
(1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the injury to the property or the property loss is worth five thousand dollars or more;
(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the injury to the property or the property loss is worth more than one thousand dollars but less than five thousand dollars;
(3) misdemeanor triable in magistrate's court if the injury to the property or the property loss is worth one thousand dollars or less. Upon conviction, the person must be fined or imprisoned, or both, as permitted by law and without presentment or indictment of the grand jury."
Detention of juvenile committing misdemeanor
SECTION 3. Section 20-7-7210(B)(2) of the 1976 Code, as amended by Act 80 of 1997, is further amended to read:
"(2) is charged with a crime which, if committed by an adult, would be a felony or a misdemeanor other than a violent crime, and the child:
(a) is already detained or on probation or conditional release or is awaiting adjudication in connection with another delinquency proceeding;
(b) has a demonstrable recent record of wilful failures to appear at court proceedings;
(c) has a demonstrable recent record of violent conduct resulting in physical injury to others; or
(d) has a demonstrable recent record of adjudications for other felonies or misdemeanors; and
(i) there is reason to believe the child is a flight risk or poses a threat of serious harm to others; or
(ii) the instant offense involved the use of a firearm;"
Time effective
SECTION 4. This act takes effect upon approval by the Governor.
Approved the 7th day of April, 1998.