Current Status Bill Number:642 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19970410 Primary Sponsor:Wilson All Sponsors:Wilson Drafted Document Number:dka\4298mm.97 Residing Body:Senate Subject:Harassment, stalking; definitions exclude private detectives performing duties; Law Enforcement, Crimes and Offenses
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19980401 Committee report: majority 11 SJ
favorable, with amendment,
minority unfavorable
Senate 19970410 Introduced, read first time, 11 SJ
referred to Committee
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Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
April 1, 1998
S. 642
S. Printed 4/1/98--S.
Read the first time April 10, 1997.
To whom was referred a Bill (S. 642), to amend Section 16-3-1700, Code of Laws of South Carolina, 1976, relating to definitions of "harassment" and "stalking", etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, page 2, beginning on line 1, in Section 16-3-1700(A), as contained in SECTION 1, by striking /private detectives,/ and inserting the following:
/registered private detectives pursuant to Section 40-17-10, et seq.,/.
Amend the bill further, as and if amended, page 2, beginning on line 16, in Section 16-3-1700(B), as contained in SECTION 1, by striking /private detectives,/ and inserting the following:
/registered private detectives pursuant to Section 40-17-10, et seq.,/.
Amend title to conform.
Majority favorable. Minority unfavorable.
LUKE RANKIN EDWARD E. SALEEBY
For Majority. For Minority.
TO AMEND SECTION 16-3-1700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF "HARASSMENT" AND "STALKING", SO AS TO EXCLUDE ACTS OF PRIVATE DETECTIVES PERFORMING THEIR OFFICIAL DUTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-3-1700(A) and (B) of the 1976 Code, as added by Act 94 of 1994, is amended to read:
"(A) 'Harassment' means a pattern of intentional, substantial, and unreasonable intrusion into the private life of a targeted person that causes the person and would cause a reasonable person in his position to suffer mental distress. Harassment may include, but is not limited to:
(1) following the targeted person as he moves from location to location;
(2) visual, physical, or verbal contact that is initiated, maintained, or repeated after a person has been provided notice that the contact is unwanted;
(3) surveillance of or the maintenance of a presence near the targeted person's:
(a) residence;
(b) place of work;
(c) school; or
(d) another place regularly occupied by the targeted person; and
(4) vandalism and property damage.
Harassment does not include words or conduct that is protected by the Constitution of this State or the United States, and does not apply to law enforcement officers, private detectives, or process servers performing their official duties.
(B) 'Stalking' means a pattern of words or conduct that is intended to cause and does cause a targeted person and would cause a reasonable person in the targeted person's position to fear:
(1) death of the person or a member of his family;
(2) assault upon the person or a member of his family;
(3) bodily injury to the person or a member of his family;
(4) criminal sexual contact on of the person or a member of his family;
(5) kidnapping of the person or a member of his family; or
(6) damage to the property of the person or a member of his family.
Stalking does not include words or conduct that is protected by the Constitution of this State or the United States and does not apply to law enforcement officers, private detectives, or process servers performing their official duties."
SECTION 2. This act takes effect upon approval by the Governor.