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4634Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 20000216Primary Sponsor: HawkinsAll Sponsors: Hawkins, Allison, Davenport and LittlejohnDrafted Document Number: l:\council\bills\bbm\9257htc00.docResiding Body: SenateCurrent Committee: Judiciary Committee 11 SJDate of Last Amendment: 20000330Subject: Explosive, incendiary device; communicating threat to kill or destroy property; Weapons, Crimes and OffensesHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20000405 Introduced, read first time, 11 SJ referred to Committee House 20000404 Read third time, sent to Senate House 20000330 Amended, read second time House 20000329 Committee report: Favorable 25 HJ with amendment House 20000216 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill Revised on March 29, 2000 - Word format Revised on March 30, 2000 - Word format
Indicates Matter Stricken
Indicates New Matter
March 30, 2000
S. Printed 3/30/00--H.
Read the first time February 16, 2000.
TO AMEND SECTION 16-11-550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF COMMUNICATING A THREAT TO KILL, INJURE, INTIMIDATE, OR DESTROY PROPERTY BY MEANS OF AN EXPLOSIVE OR INCENDIARY DEVICE, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-23-750 of the 1976 Code, as added by an unnumbered act signed by the Governor on March 7, 2000, which bears ratification number 242, is amended to read:
"Section 16-23-750. A person who communicates a threat or conveys false information, knowing the information to be false, concerning an attempt or alleged attempt being made or to be made to kill, injure, or intimidate any person or to damage or destroy any building or other real or personal property by means of an explosive, incendiary, or destructive device or who aids, agrees with, employs, or conspires with any person to do or cause to be done any of the acts in this section, is guilty of a felony and, upon conviction, for a first offense must be imprisoned for not less than
one three year years nor more than ten years. For a second or subsequent offense, the person must be imprisoned for not less than five seven years nor more than fifteen years. A sentence imposed for a violation of this section must not be suspended and probation must not be granted. The minimum sentences provided in this section are mandatory minimum terms of imprisonment, no part of which may be suspended or probation granted. A person sentenced to a mandatory minimum term of imprisonment pursuant to this section is not eligible for parole or any early release program, nor is the person eligible to receive work credits, education credits, good conduct credits, or other credits that would reduce the mandatory minimum term of imprisonment required by this section."
SECTION 2. This act takes effect upon approval by the Governor and applies with respect to offenses committed on or after that date.
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