South Carolina General Assembly
112th Session, 1997-1998

Bill 377


                    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

History


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 Committee


View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(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.