Current Status Bill Number:3780 Ratification Number:241 Act Number:113 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970401 Primary Sponsor:Young All Sponsors:Young, Askins, Woodrum, Inabinett, Simrill, Bailey, Riser and Kirsh Drafted Document Number:dka\4271cm.97 Companion Bill Number:579 Date Bill Passed both Bodies:19970603 Date of Last Amendment:19970603 Governor's Action:S Date of Governor's Action:19970613 Subject:Arson, elements of and penalties for revised; Fire, Crimes and Offenses; Animals, dogs to stay overnight in motel
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
------ 19970630 Act No. A113
------ 19970613 Signed by Governor
------ 19970609 Ratified R241
House 19970603 Concurred in Senate amendment,
enrolled for ratification
Senate 19970603 Amended, read third time,
returned to House with amendment
Senate 19970529 Read second time, ordered to
third reading with notice of
general amendments
Senate 19970529 Committee amendment amended and
adopted
Senate 19970528 Committee report: Favorable with 11 SJ
amendment
Senate 19970507 Introduced, read first time, 11 SJ
referred to Committee
House 19970506 Amended, read third time,
sent to Senate
House 19970501 Amended, read second time
House 19970430 Debate adjourned until
Thusday, 19970501
House 19970430 Recalled from Committee 25 HJ
House 19970401 Introduced, read first time, 25 HJ
referred to Committee
View additional legislative information at the LPITS web site.
(A113, R241, H3780)
AN ACT TO AMEND SECTION 16-11-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARSON, SO AS TO REVISE THE ELEMENTS OF ARSON IN THE FIRST, SECOND, AND THIRD DEGREES, AND REVISE THE PENALTIES FOR ARSON IN THE FIRST AND SECOND DEGREES; TO AMEND SECTION 16-11-140, AS AMENDED, RELATING TO THE UNLAWFUL BURNING OF CROPS AND CERTAIN OTHER PROPERTY, SO AS TO REVISE THE TYPES OF PROPERTY THIS PROVISION APPLIES TO; TO AMEND SECTION 16-1-60, AS AMENDED, RELATING TO VIOLENT CRIMES, SO AS TO PROVIDE THAT ARSON IN THE SECOND DEGREE IS A VIOLENT CRIME; TO AMEND SECTION 17-25-45, AS AMENDED, RELATING TO THE IMPOSITION OF A LIFE SENTENCE FOR CERTAIN PERSONS CONVICTED THREE TIMES FOR CERTAIN CRIMES, SO AS TO INCLUDE ARSON IN THE SECOND AS A "SERIOUS OFFENSE"; AND BY ADDING SECTION 45-2-35 SO AS TO PROVIDE THAT CERTAIN CANINES MUST BE PERMITTED TO STAY OVERNIGHT IN CERTAIN PLACES OF PUBLIC ACCOMMODATION, TO PROVIDE PENALTIES FOR PERSONS WHO VIOLATE THIS PROVISION, AND TO ALLOW AN INNKEEPER OF CERTAIN PLACES OF PUBLIC ACCOMMODATIONS TO DESIGNATE A SPECIFIC ROOM FOR USE BY CERTAIN CANINES.
Be it enacted by the General Assembly of the State of South Carolina:
Felony arson
SECTION 1. Section 16-11-110 of the 1976 Code, as last amended by Act 356 of 1996, is further amended to read:
"Section 16-11-110. (A) A person who wilfully and maliciously causes an explosion, sets fire to, burns, or causes to be burned or aids, counsels, or procures the burning of a building, structure, or any property specified in subsections (B) and (C) whether the property of himself or another, which results, either directly or indirectly, in death or serious bodily injury to a person is guilty of arson in the first degree and, upon conviction, must be imprisoned not less than ten nor more than thirty years.
(B) A person who wilfully and maliciously causes an explosion, sets fire to, burns, or causes to be burned or aids, counsels, or procures the burning of a dwelling house, church or place of worship, a public or private school facility, a manufacturing plant or warehouse, a building where business is conducted, an institutional facility, or any structure designed for human occupancy to include local and municipal buildings, whether the property of himself or another, is guilty of arson in the second degree and, upon conviction, must be imprisoned not less than five nor more than twenty-five years.
(C) A person who wilfully and maliciously:
(1) causes an explosion, sets fire to, burns, or causes to be burned a building or structure other than those specified in subsections (A) or (B), a railway car, a ship, boat, or other watercraft, an aircraft, an automobile or other motor vehicle, or personal property; or
(2) aids, counsels, or procures the burning of a building or structure other than those specified in subsections (A) or (B), a railway car, a ship, boat, or other watercraft, an aircraft, an automobile or other motor vehicle, or personal property with intent to destroy or damage by explosion or fire;
whether the property of himself or another, is guilty of arson in the third degree and, upon conviction, must be imprisoned not less than one and not more than ten years."
Misdemeanor arson
SECTION 2. Section 16-11-140 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"Section 16-11-140. It is unlawful for a person to (a) wilfully and maliciously set fire to or burn or cause to be burned, or (b) aid, counsel, or procure the burning of any:
(1) barracks, cock, crib, rick or stack of hay, corn, wheat, oats, barley, or other grain or vegetable product of any kind;
(2) field of standing hay or grain of any kind;
(3) pile of coal, wood, or other fuel;
(4) pile of planks, boards, posts, rails, or other lumber.
A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than three years."
Violent crimes
SECTION 3. Section 16-1-60 of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:
"Section 16-1-60. For purposes of definition under South Carolina law a violent crime includes the offenses of murder (Section 16-3-10); criminal sexual conduct in the first and second degree (Sections 16-3-652 and 16-3-653); criminal sexual conduct with minors, first and second degree (Section 16-3-655); assault with intent to commit criminal sexual conduct, first and second degree (Section 16-3-656); assault and battery with intent to kill (Section 16-3-620); kidnaping (Section 16-3-910); voluntary manslaughter (Section 16-3-50); armed robbery (Section 16-11-330(A)); attempted armed robbery (Section 16-11-330(B)); drug trafficking as defined in Sections 44-53-370(e) and 44-53-375(C); arson in the first degree (Section 16-11-110(A)); arson in the second degree (Section 16-11-110(B); burglary in the first degree (Section 16-11-311); burglary in the second degree (Section 16-11-312 (B)); engaging a child for a sexual performance (Section 16-3-810); homicide by child abuse (Section 16-3-85(A)(1)); aiding and abetting homicide by child abuse (Section 16-3-85(A)(2)); accessory before the fact to commit any of the above offenses (Section 16-1-40); and attempt to commit any of the above offenses (Section 16-1-80). Only those offenses specifically enumerated in this section are considered violent offenses."
Serious offenses
SECTION 4. Section 17-25-45(C)(2) of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:
"(2) 'Serious offense' means:
(a) any offense which is punishable by a maximum term of imprisonment for thirty years or more which is not referenced in subsection (C)(1);
(b) those felonies enumerated as follows:
16-3-220 Lynching, Second degree
16-3-810 Engaging child for sexual performance
16-9-22 Acceptance of bribes by officers
16-9-290 Accepting bribes for purpose of procuring
public office
16-11-110(B) Arson, Second degree
16-11-312(B) Burglary, Second degree
16-13-210(1) Embezzlement of public funds
16-13-230 Breach of trust with fraudulent intent
(B)(3)
16-13-240(1) Obtaining signature or property by false pretenses
38-55-540(3) Insurance fraud
44-53-370(e) Trafficking in controlled substances
44-53-375(C) Trafficking in ice, crank, or crack cocaine
44-53-445 Distribute, sell, manufacture, or possess
(B)(1) & (2) with intent to distribute controlled substances
within proximity of school
56-5-2945 Causing death by operating vehicle while
under influence of drugs or alcohol; and
(c) the offenses enumerated below:
16-1-40 Accessory before the fact for any of the offenses listed in subitems (a) and (b)
16-1-80 Attempt to commit any of the offenses listed
in subitems (a) and (b)."
Canine accommodation
SECTION 5. The 1976 Code is amended by adding:
"Section 45-2-35. (A) Canines certified to work with law enforcement officers or fire service personnel for the purpose of fire investigations, training, or other related purposes must be permitted to stay overnight with the officers or personnel when they are staying in a place of public accommodation on official business. No extra charge may be made for the certified canine; however, the employer of the officer or personnel in the accompany of the canine is liable for any damage done to the premises or facilities by the certified canine. In a nonemergency situation, the law enforcement or fire service agency shall notify the manager of the place of public accommodation at the time of making the reservation for the law enforcement officer or fire service personnel that a certified canine shall accompany the law enforcement officer or fire service personnel.
(B) A person who refuses to allow law enforcement officers or fire service personnel to stay overnight on official business in a place of public accommodation because the officer or personnel is accompanied by a certified canine is subject to a civil fine not exceeding one hundred dollars for each violation.
(C) Hotels which operate for the express purpose of renting individually-owned private dwellings are exempt from this section.
(D) An innkeeper of a lodging establishment, as defined in Section 45-2-20, may designate a specific room for use by the certified canine and the accompanying law enforcement officer or fire service personnel."
Time effective
SECTION 6. This act takes effect upon approval by the Governor.
Approved the 13th day of June, 1997.