Current Status Bill Number:3774 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970401 Primary Sponsor:Limehouse All Sponsors:Limehouse, Mason, Seithel, Meacham, Koon, Young, Young-Brickell, Martin, Knotts, Gamble, Barrett, Whatley, Law, Battle, Davenport, Allison, McMaster, Riser, Cato, Campsen, Tripp and Littlejohn Drafted Document Number:dka\4219cm.97 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Date of Last Amendment:19970515 Subject:Law enforcement officer, resisting or opposing while using a weapon, penalties revised, Crimes and Offenses
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19970520 Introduced, read first time, 11 SJ
referred to Committee
House 19970516 Read third time, sent to Senate
House 19970515 Read second time, unanimous consent
for third reading on the next
Legislative day
House 19970515 Amended
House 19970514 Debate adjourned until
Thursday, 19970515
House 19970508 Committee report: Favorable with 25 HJ
amendment
House 19970401 Introduced, read first time, 25 HJ
referred to Committee
View additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
AMENDED
May 15, 1997
H. 3774
Introduced by Reps. Limehouse, Mason, Seithel, Meacham, Koon, Young, Young-Brickell, Martin, Knotts, Gamble, Barrett, Whatley, Law, Battle, Davenport, Allison, McMaster, Riser, Cato, Campsen, Tripp and Littlejohn
S. Printed 5/15/97--H.
Read the first time April 1, 1997.
TO AMEND SECTION 16-9-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPPOSING OR RESISTING A LAW ENFORCEMENT OFFICER, SO AS TO REVISE THE PENALTIES AND TO PROVIDE PENALTIES FOR OPPOSING OR RESISTING A LAW ENFORCEMENT OFFICER WHILE USING A WEAPON.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-9-320 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"Section 16-9-320. (A) It is unlawful for a person knowingly and wilfully to oppose or resist a law enforcement officer in serving, executing, or attempting to serve or execute a legal writ or process or to resist an arrest being made by one whom the person knows or reasonably should know is a law enforcement officer, whether under process or not. A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than one thousand dollars or imprisoned not more than serve a mandatory minimum prison sentence of one year, or both.
(B) It is unlawful for a person to knowingly and wilfully assault, beat, disarm, or wound a law enforcement officer engaged in serving, executing, or attempting to serve or execute a legal writ or process or to assault, beat, disarm, or wound an officer when the person is resisting an arrest being made by one whom the person knows or reasonably should know is a law enforcement officer, whether under process or not. A person who violates the provisions of this subsection is guilty of a felony and, upon conviction, must be fined not less than one thousand dollars nor more than ten thousand dollars or imprisoned not more than serve a mandatory minimum prison sentence of ten years, or both.
(C) A person who violates the provisions contained in subsection (A) or (B) while using a weapon is guilty of a felony and, upon conviction, must be imprisoned for not less than five years, no portion of which may be suspended, and not more than twenty years."
SECTION 2. This act takes effect upon approval by the Governor.