Bill 4042

                    Current Status

Bill Number:                       4042
Type of Legislation:               General Bill GB
Introducing Body:                  House
Introduced Date:                   19970416
Primary Sponsor:                   Jennings
All Sponsors:                      Jennings and Boan 
Drafted Document Number:           gjk\20542sd.97
Residing Body:                     Senate
Current Committee:                 Judiciary Committee 11 SJ
Subject:                           Firearm, point at law
                                   enforcement officer acting in line
                                   of duty; penalties increased,
                                   Weapons, Crimes and Offenses

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________
Senate  19970520  Introduced, read first time,             11 SJ
                  referred to Committee
House   19970515  Read third time, sent to Senate
House   19970514  Read second time
House   19970507  Request for debate withdrawn
                  by Representative                                J. Brown
House   19970501  Request for debate by Representative             Scott
                                                                   Lloyd
                                                                   Moody-
                                                                   Lawrence
                                                                   Howard
                                                                   Canty
                                                                   J. Brown
House   19970429  Recalled from Committee                  25 HJ
House   19970416  Introduced, read first time,             25 HJ
                  referred to Committee

Indicates Matter Stricken
Indicates New Matter

RECALLED

April 29, 1997

H. 4042

S. Printed 4/29/97--H.

Read the first time April 16, 1997.

TO AMEND SECTION 16-23-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FELONY OF UNLAWFULLY POINTING OR PRESENTING A FIREARM AT ANOTHER PERSON, SO AS TO INCREASE THE PENALTIES FOR VIOLATION WHERE THE PERSON AT WHOM THE FIREARM IS POINTED IS A LAW ENFORCEMENT OFFICER ACTING IN THE LINE OF DUTY WHICH SHALL INCLUDE A MANDATORY MINIMUM TERM OF IMPRISONMENT OF NOT LESS THAN TEN YEARS NOR MORE THAN THIRTY YEARS, NO PART OF WHICH MAY BE SUSPENDED, PROBATION FOR WHICH MAY NOT BE GRANTED FOR ANY PORTION, AND FOR WHICH A PERSON IS NOT ELIGIBLE FOR PAROLE UNTIL HE HAS SERVED AT LEAST SEVEN YEARS OF HIS SENTENCE.

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

SECTION 1. Section 16-23-410 of the 1976 Code, as last amended by Section 46, Act 184 of 1993, is further amended to read:

"Section 16-23-410. (A) It is unlawful for a person to present or point at another person a loaded or unloaded firearm.

(B) A person who violates the provisions of this section, where the person at whom the firearm is pointed is not a law enforcement officer acting in the line of duty, is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years.

(C) A person who violates the provisions of this section where the person at whom the firearm is pointed is a law enforcement officer acting in the line of duty is guilty of a felony and, upon conviction, must be imprisoned for a mandatory minimum term of not less than ten years nor more than thirty years, no part of which may be suspended or probation granted for any portion. A person convicted under this subsection is not eligible for parole until the person has served at least seven years of the sentence.

(D) This section must not be construed to abridge the right of self-defense or to apply to theatricals or like performances."

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