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AMENDED
May 13, 1999
H. 3804
Introduced by Reps. Knotts, Whatley, Seithel, Koon, McGee, Wilkins, Harrison, Allison, Altman, Askins, Bales, Barrett, Battle, Bauer, Beck, H. Brown, J. Brown, T. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Dantzler, Davenport, Delleney, Edge, Emory, Fleming, Gilham, Gourdine, Hamilton, Haskins, Hawkins, Hinson, Inabinett, Jennings, Keegan, Kennedy, Kirsh, Klauber, Law, Leach, Limehouse, Littlejohn, Lourie, Lucas, Mason, McCraw, M. McLeod, Meacham, Miller, Neal, Neilson, Ott, Phillips, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Sharpe, Sheheen, Simrill, D. Smith, J. Smith, Stuart, Taylor, Tripp, Trotter, Walker, Webb, Whipper, Wilder, Woodrum and Young-Brickell
S. Printed 5/13/99--H.
Read the first time March 31, 1999.
TO AMEND CHAPTER 23, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WEAPONS, BY ADDING ARTICLE 7 SO AS TO PROVIDE DEFINITIONS RELATING TO BOMBS AND WEAPONS OF MASS DESTRUCTION, TO PROHIBIT MANUFACTURE, TRANSPORTATION, POSSESSION, OR USE OF BOMBS AND WEAPONS OF MASS DESTRUCTION, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 23, Title 16 of the 1976 Code is amended by adding:
Section 16-23-710. For purposes of this article:
(1) 'Bacteriological weapon' and 'biological weapon' means a device which is designed in a manner as to permit the intentional release into the population or environment of microbiological or other biological materials, toxins, or agents whatever their origin or method of production in a manner not authorized by law, or any device, the development, production, or stockpiling of which is prohibited pursuant to the 'Convention of the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and their Destruction', 26 U.S.T. 583, TIAS 8063.
(2) 'Bomb' means a weapon or destructive device capable of being detonated, triggered, or set off to release any substance or material that is destructive, irritating, odoriferous, or otherwise harmful to one or more organisms including, but not limited to, human beings, livestock, animals, crops or vegetation, or to earth, air, water, or any other material or substance necessary or required to sustain human or any other individual form of life, or to real or personal property.
(3) 'Bomb technician', 'explosive ordnance technician' or 'EOD technician' means either:
(a) a law enforcement officer, fire official, emergency management official, or an employee of the State, its political subdivisions, or an authority of the State or a political subdivision, whose job title includes the designation of bomb technician, explosive ordnance disposal technician, or EOD technician and whose assigned duties include the render safe of improvised explosive devices, destructive devices, old or abandoned explosives, war relics, or souvenirs while acting in the performance of his official duties;
(b) an official or employee of the United States including, but not limited to, a member of the armed forces of the United States, who is qualified as an explosive ordnance disposal technician under the appropriate laws and regulations while acting in the performance of his duty.
(4) 'Device' means an object, contrivance, instrument, technique, or means that is designed, manufactured, assembled, or capable of serving any or a particular purpose in a bomb, weapon, explosive, incendiary, or weapon of mass destruction.
(5) 'Detonate' means to explode or cause to explode.
(6) 'Destructive device' means:
(a) A bomb, incendiary device, or anything that can detonate, explode, or burn by mechanical, chemical, or nuclear means, or that contains an explosive, incendiary, poisonous gases, or toxic substance (chemical, biological, or nuclear materials), and includes incendiary and over-pressure devices, and any other device capable of causing damage, injury, or death;
(b) a weapon of mass destruction;
(c) a bacteriological weapon or biological weapon; or
(d) a combination of any parts, components, chemical compounds, or other substances, either designed or intended for use in converting any device into a destructive device which has been or can be assembled to cause damage, injury, or death.
(7) 'Detonator' means a device containing a detonating charge used to initiate detonation in an explosive or any device capable of triggering or setting off an explosion or explosive charge including, but not limited to, impact or an impact device, a timing mechanism, electricity, a primer, primer or detonating cord, a detonating cap or device of any kind, detonating waves, electric blasting caps, blasting caps for use with safety fuses, shock tube initiator, and detonating cord delay connectors, or any other device capable of detonating or exploding a bomb, weapon, weapon of mass destruction, or destructive device.
(8) 'Distribute' means the actual, constructive, attempted transfer, or delivery from one person to another.
(9) 'Explosive' means a chemical compound or other substance or mechanical system intended for the purpose of producing an explosion capable of causing injury, death, or damage to property or containing oxidizing and combustible units or other ingredients in such proportions or quantities that ignition, fire, friction, concussion, percussion, or detonation may produce an explosion capable of causing injury, death, or damage to property.
(10) 'Hoax device' or 'replica' means a device or article which has the appearance of a destructive device.
(11) 'Incendiary' means any material that when lit or ignited, causes or is capable of causing fire, when used to ignite a flammable liquid or compound in an unlawful manner.
(12) 'Incendiary device' means a destructive device however possessed or delivered, and by whatever name called, made of a container containing or holding a flammable liquid or compound which, when ignited by whatever means, is capable of igniting the flammable liquid or compound. The term incendiary device includes any form of explosives, explosive bomb, grenade, missile, or similar device, whether capable of being carried or thrown by one individual acting alone or otherwise, but does not include a device manufactured or produced for the primary purpose of illumination or for marking detours, obstructions, defective paving, or other hazards on streets, roads, highways, or bridges, when used in a lawful manner.
(13) 'Over-pressure device' means a container filled with an explosive gas or expanding gas or liquid which is designed or constructed so as to cause the container to break, fracture, or rupture in such a manner which is capable of causing death, bodily harm, or property damage, and includes but is not limited to, a chemical reaction bomb, an acid bomb, a caustic bomb, or a dry ice bomb.
(14) 'Parts' means a combination of parts, components, chemical compounds, or other substance, designed or intended for use in converting any device into a destructive device.
(15) 'Poisonous gases' means a toxic chemical or its precursors that through its chemical action or properties on life processes, causes death or injury to human beings or other living organisms. However, the term does not include:
(a) riot control agents, smoke and obscuration materials, or medical products which are manufactured, possessed, transported, or used in accordance with the laws of this State or the United States;
(b) tear gas devices designed to be carried on or about the person which contain not more than fifty cubic centimeters of the chemical; or
(c) pesticides, as used in agriculture and household products.
(16) 'Property' means real or personal property of any kind including money, choses in action, and other similar interest in property.
(17) 'Public building' means a structure which is generally open to members of the public with or without payment of an admission fee or membership dues including, but not limited to, structures owned, operated, or leased by the State, the United States, any of the several states, a foreign nation, a political subdivision or authority thereof, a religious organization, a medical facility, a college, school, or university, or a corporation, partnership, or association.
(18) 'Weapon of mass destruction' means any device designed to release radiation or radioactivity at a level that will result in internal or external bodily injury or death to a person.
(19) 'List of explosive materials' means an explosive, blasting agent, watergel detonator, or other items contained in the list of explosive materials published and periodically updated by the Bureau of Alcohol, Tobacco and Firearms.
Section 16-23-720. (A) It is unlawful for a person to wilfully or maliciously detonate a destructive device or cause an explosion, or to wilfully and maliciously aid, counsel, or procure an explosion by means of a detonation of a destructive device. A person who violates this subsection is guilty of a felony and, upon conviction:
(1) in cases resulting in the killing of a person with malice aforethought, either express or implied, must be tried and punished as provided for murder;
(2) in cases resulting in the unlawful killing of another without malice, express or implied, must be punished as provided for manslaughter;
(3) in cases resulting in injury to a person, must be imprisoned for not less than ten years nor more than twenty-five years.
(B) A person who wilfully or maliciously causes an explosion by means of a destructive device or aids, counsels, or procures an explosion by means of a destructive device, which results in damage to a building, vehicle, or other real or personal property, or a person who attempts to damage or destroy by means of a destructive device, is guilty of a felony and, upon conviction, must be imprisoned for not less than two years nor more than twenty-five years.
(C) A person who possesses, manufactures, transports, distributes, possesses with the intent to distribute a destructive device or any explosive, incendiary device, or over-pressure device or toxic substance or material which has been configured to cause damage, injury, or death, or a person who possesses parts, components, or materials which when assembled constitute a destructive device is guilty of a felony and, upon conviction, must be imprisoned for not less than two years nor more than fifteen years.
Section 16-23-730. A person who manufactures, possesses, transports, distributes, uses or aids, counsels, or procures another in the use of a hoax device or replica of a destructive device or detonator which causes another to believe that the hoax device or replica is a destructive device or detonator is guilty of a misdemeanor and, upon conviction, must be imprisoned for not more than one year or fined not more than ten thousand dollars, or both. A person who communicates or transmits to another person that a hoax device or replica is a destructive device or detonator with the intent to intimidate or threaten injury, to obtain property of another, or to interfere with the ability of another person to conduct or carry on his life, business, trade, education, religious worship, or to interfere with the operations and functions of any government entity is guilty of a felony and, upon conviction, must be imprisoned for not less than two years nor more than fifteen years.
Section 16-23-740. A person who knowingly hinders or obstructs an explosive ordnance technician, bomb technician, law enforcement officer, fire official, emergency management official, public safety officer, animal trained to detect destructive devices, or any robot or mechanical device designed for or utilized by a law enforcement officer, fire official, emergency management official, public safety officer, or bomb technician of this State or of the United States while in the detection, disarming, or destruction of a destructive device is guilty of a felony and, upon conviction, must be imprisoned for not less than one year nor more than five years.
Section 16-23-750. A person who transmits a false alarm to the effect that a destructive device or hazardous substance of any nature has been placed where its explosion, detonation, or release would cause damage, injury, or death to human life or property, knowing the same to be false is guilty of a felony and, upon conviction, must be imprisoned for not less than one year nor more than five years.
Section 16-23-760. (A) Unless otherwise ordered by a court of competent jurisdiction, photographs, video tapes, or other identification or analysis of a destructive device, explosive, incendiaries, poisonous gases, toxic substances, whether chemical, biological, or nuclear, or detonators duly identified by a qualified bomb technician or person qualified as a forensic expert in the field of destructive devices is admissible in any civil or criminal trial in lieu of production of the actual destructive device or detonator. Evidence transferred by the clerk of court to a qualified bomb technician for safekeeping must not be destroyed except pursuant to a court order issued by a court of competent jurisdiction.
(B) If a destructive device, explosive, incendiary, poisonous gases, toxic substance whether chemical, biological, or nuclear material, or detonator that has been rendered inert and safe is introduced into evidence in any criminal or civil action, the clerk of court may retain custody or transfer custody of the destructive device or detonator to a qualified bomb technician for safekeeping only after the destructive device has been duly preserved as evidence in the action by photograph, video tape, or other suitable means of identification.
Section 16-23-770. (A) All property subject to forfeiture under the law that is directly or indirectly used or intended for use to facilitate a violation of this article in any manner, and any proceeds derived, realized from, or traced back to property subject to forfeiture, is contraband and also subject to forfeiture. Except as otherwise provided by law, property subject to forfeiture must be seized and forfeited to the State, a political subdivision of the State, or the seizing law enforcement agency, as provided by law.
(B) On application of a seizing law enforcement agency, the circuit court may authorize the seizing law enforcement agency to destroy or transfer to any agency of this State or of the United States that can safely store or render harmless a destructive device, explosive, poisonous gases, or detonator which is subject to forfeiture pursuant to this section if the court finds that it is impractical or unsafe for the seizing law enforcement agency to store the destructive device, explosive, poisonous gases, or detonator. Subject to Section 16-23-760, the application for destruction of a destructive device may be made at anytime after seizure. Any destruction authorized pursuant to this subsection must be done in the presence of at least one credible witness or recorded on film, videotape, or other electronic imaging method. The film, videotape, or other electronic imaging method of the destructive device is admissible as evidence in lieu of the destructive device, explosives, poisonous gases, or detonator. The court also may direct the seizing agency or the agency to which the device, explosive, poisonous gases, or detonator is transferred to make a report of the destruction, take samples, or both.
(C) Nothing in subsection (A) or (B) prohibits a bomb technician, law enforcement officer, or fire service personnel from taking action that will render an explosive, destructive device, poisonous gases, or detonator, or other object which is suspected of being an explosive, destructive device, poisonous gases, or detonator safe without prior approval of a court when the action is in the performance of his duties and is intended to protect lives or property.
The provisions of this article do not apply to the lawful use of:
(1) fertilizers, propellant activated devices, or propellant activated industrial tools manufactured, imported, distributed, or used for their intended purposes;
(2) a pesticide which is manufactured, stored, transported, distributed, possessed, or used in accordance with Chapter 7, Title 2, the federal Insecticide, Fungicide, and Rodenticide Act and the Environmental Pesticide Control Act of 1972;
(3) explosives, blasting agents, detonators, and other objects regulated and controlled by the South Carolina Explosives Control Act; or
(4) small arms ammunition;
(5) components of small arms ammunition;
(6) ammunition reloading equipment;
(7) the use of small arms propellant when used in war reenactments.
(D) nor do the provisions of this article apply to the military or naval forces of the United States, to the duly organized military force of a state or territory, or to police or fire departments in this State when they are acting within their official capacities and in performance of their duties."
SECTION 2. This act takes effect upon approval by the Governor.
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