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Indicates Matter Stricken
Indicates New Matter
AS PASSED BY THE SENATE
February 15, 2000
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-Richardson, Miller, J.H. 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 2/15/00--S.
Read the first time May 18, 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. Section 10-11-320 of the 1976 Code is amended to read:
"Section 10-11-320. It shall be unlawful for any person or group of persons: (a) to carry or have readily accessible to the person upon the capitol grounds or within the capitol building any firearm, or dangerous weapon, explosive or incendiary device; or (b) to discharge any firearm or explosive or to use any dangerous weapon or to ignite any incendiary device upon the capitol grounds or within the capitol building; or (c) to transport by any means upon the capitol grounds or within the capitol building any explosive or incendiary device."
SECTION 2. Chapter 11, Title 10 of the 1976 Code is amended by adding:
"Section 10-11-325. (A) It is unlawful for a person knowingly to possess, have readily accessible to the person, or transport by any means upon the capitol grounds or within the capitol building any explosive, destructive device, or incendiary device. A person who violates this subsection is guilty of a felony and, upon conviction, must be imprisoned for not less than two years nor more than fifteen years.
(B) It is unlawful for a person intentionally to detonate an explosive or destructive device or ignite any incendiary device upon the capitol grounds or within the capitol building. A person who violates this subsection is guilty of a felony and, upon conviction:
(1) in cases resulting in the death of another person where there was malice aforethought, must be punished by death, by imprisonment for life, or by a mandatory minimum term of imprisonment for thirty years;
(2) in cases resulting in the death of another person where there was not malice aforethought, must be imprisoned not less than two years nor more than thirty years;
(3) in cases resulting in injury to a person, must be imprisoned for not less than ten years nor more than twenty-five years;
(4) in cases resulting in damage to a building or other real or personal property, must be imprisoned for not less than two years nor more than twenty-five years."
SECTION 3. Section 10-11-360 of the 1976 Code is amended to read:
"Section 10-11-360. A person who violates the provisions of this article is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than three years, or both. The penalties provided for in this section do not apply to Section 10-11-325."
SECTION 4. Section 16-8-10 of the 1976 Code is amended to read:
"Section 16-8-10. As used in this chapter:
(1) 'Bacteriological weapon' and 'biological weapon' mean devices which are 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' includes a 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.
(1)(3) 'Civil disorder' means a public disturbance involving acts of violence by three or more persons which causes an immediate danger of or results in damage or injury to another person or his property.
(4) '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 gas, or toxic substance (chemical, biological, or nuclear materials), including, but not limited to, an incendiary or over-pressure device, or 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.
(5) 'Device' means an object, contrivance, instrument, technique, or means that is designed, manufactured, assembled, or capable of serving any purpose in a bomb, destructive device, explosive, incendiary, or weapon of mass destruction.
(6) 'Explosive' means a chemical compound or other substance or a mechanical system intended for the purpose of producing an explosion capable of causing injury, death, or damage to property or one 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. Explosives include, but are not limited to, the list of explosive materials published and periodically updated by the Bureau of Alcohol, Tobacco and Firearms.
(2)(7) 'Firearm' means a weapon which is designed to or readily may be converted to expel a projectile by the action of an explosive, or the frame or receiver of that weapon.
(3) 'Explosive or incendiary device' includes:
(a) dynamite and all other forms of high explosives;
(b) an explosive bomb, grenade, missile, or similar device;
(c) an incendiary bomb or grenade, fire bomb, or similar device, including a device which:
(i) consists of or includes a breakable container including a flammable liquid or compound, and a wick composed of material which, when ignited, is capable of igniting the flammable liquid or compound;
(ii) can be carried or thrown by a person acting alone.
(8) 'Incendiary' means any material that:
(a) causes, or is capable of causing, fire when it is lit or ignited; and
(b) is used to ignite a flammable liquid or compound in an unlawful manner.
(9) 'Incendiary device' means a destructive device, however possessed or delivered, and by whatever name called, containing or holding a flammable liquid or compound, which is capable of being ignited by any means possible. Incendiary device includes, but is not limited to, any form of explosive, explosive bomb, grenade, missile, or similar device, whether capable of being carried or thrown by a person acting alone or with one or more persons, 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.
(4)(10) 'Law enforcement officer' means:
(a) an officer or employee of the United States, a state, political subdivision of a state, or the District of Columbia, who is authorized to enforce laws and is acting within his official capacity;
(b) members of the National Guard;
(c) members of the organized militia of a state or territory;
(d) members of the Armed Forces of the United States.
(11) '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.
(12) 'Parts' means a combination of parts, components, chemical compounds, or other substances, designed or intended for use in converting any device into a destructive device.
(13) '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. Poisonous gases do 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.
(14) 'Weapon of mass destruction' means any device designed to release radiation or radioactivity at a level that could result in internal or external bodily injury or death to a person."
SECTION 5. Section 16-8-20 of the 1976 Code is amended to read:
"Section 16-8-20. (A) A person may not:
(1) teach or demonstrate to another person the use, application, or making of a firearm or explosive or incendiary destructive device which is capable of causing injury or death to persons knowing or having if the person knows, has reason to know, or intending intends that what is taught or demonstrated will be employed unlawfully for use in, or in furtherance of, a civil disorder; nor
(2) assemble with one or more persons for the purpose of training with, practicing with, or being instructed instructing in the use of a firearm or explosive or incendiary destructive device which is capable of causing injury or death to persons, intending to employ unlawfully one or more of the purposes for use in, or in furtherance of, if the training, practice, or instruction is used in furtherance of an unlawful purpose or a civil disorder.
(B) A person who violates the provisions of subsection (A) is guilty of a felony and, upon conviction:
(1) for a first offense must be fined not more than five thousand dollars or imprisoned for not more than five years, or both;
(2) for a second or subsequent offense must be fined not more than ten thousand dollars or imprisoned for not more than ten years, or both."
SECTION 6. 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' mean devices which are 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' includes a 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 rendering-safe of improvised explosive devices, destructive devices, old or abandoned explosives, war relics, or souvenirs while acting in the performance of his official duties; or
(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 federal, state, or local laws or regulations while acting in the performance of his duty.
(4) 'Building' means any structure, vehicle, watercraft, or aircraft:
(a) where any person lodges or lives; or
(b) where people assemble for purposes of business, government, education, religion, entertainment, public transportation, or public use or where goods are stored. Where a building consists of two or more units separately occupied or secured, each unit is considered both a separate building in itself and a part of the main building.
(5) 'Device' means an object, contrivance, instrument, technique, or any thing that is designed, manufactured, assembled, or capable of serving any purpose in a bomb, destructive device, explosive, incendiary, or weapon of mass destruction.
(6) 'Detonate' means to explode or cause to explode.
(7) '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 gas, or toxic substance (chemical, biological, or nuclear materials), including, but not limited to, an incendiary or over-pressure device, or 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.
(8) '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 of mass destruction, or destructive device.
(9) 'Distribute' means the actual or constructive delivery, or the attempted transfer from one person to another.
(10) 'Explosive' means a chemical compound or other substance or a mechanical system intended for the purpose of producing an explosion capable of causing injury, death, or damage to property or one 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. Explosives include, but are not limited to, the list of explosive materials published and periodically updated by the Bureau of Alcohol, Tobacco and Firearms.
(11) 'Hoax device' or 'replica' means a device or object which has the appearance of a destructive device.
(12) 'Incendiary' means any material that:
(a) causes, or is capable of causing, fire when it is lit or ignited; and
(b) is used to ignite a flammable liquid or compound in an unlawful manner.
(13) 'Incendiary device' means a destructive device, however possessed or delivered, and by whatever name called, containing or holding a flammable liquid or compound, which is capable of being ignited by any means possible. Incendiary device includes, but is not limited to, any form of explosive, explosive bomb, grenade, missile, or similar device, whether capable of being carried or thrown by a person acting alone or with one or more persons, 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.
(14) '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 a manner 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.
(15) 'Parts' means a combination of parts, components, chemical compounds, or other substances, designed or intended for use in converting any device into a destructive device.
(16) '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.
(17) 'Property' means real or personal property of any kind including money, choses in action, and other similar interest in property.
(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.
Section 16-23-720. (A) It is unlawful for a person intentionally to detonate a destructive device or cause an explosion, or intentionally to aid, counsel, or procure an explosion by means of 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 death of another person where there was malice aforethought, must be punished by death, by imprisonment for life, or by a mandatory minimum term of imprisonment for thirty years;
(2) in cases resulting in the death of another person where there was not malice aforethought, must be imprisoned not less than two years nor more than thirty years;
(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 intentionally 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 or other real or personal property, or a person who attempts to injure another or damage or destroy a building or other real or personal property 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 knowingly 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 knowingly manufactures, possesses, transports, distributes, uses or aids, or counsels or conspires with another in the use of a hoax device or replica of a destructive device or detonator which causes any person reasonably 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 and willfully 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 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 year nor more than ten years. For a second or subsequent offense, the person must be imprisoned for not less than five 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.
Section 16-23-760. (A) Unless otherwise ordered by a court of competent jurisdiction, photographs, electronic imaging, video tapes, or other identification or analysis of a destructive device, explosive, incendiary, poisonous gas, toxic substance, whether chemical, biological, or nuclear, or detonator 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 to the clerk of court by 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 gas, 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 trial, 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 preserved as evidence by photograph, video tape, or other suitable means of identification.
Section 16-23-770. (A) All property used or intended for use in violation of this article and all proceeds derived from, realized from, or traced back to property used or intended for use in violation of this article is contraband and subject to forfeiture. Property subject to forfeiture must be seized by a law enforcement agency and forfeited to the State, a political subdivision of the State, or the seizing law enforcement agency.
(B) On application of a seizing law enforcement agency, the circuit court may order the agency to destroy or transfer the seized device to any agency of this State or of the United States that can safely store or render harmless a destructive device, explosive, poisonous gas, or detonator if the court finds that it is impractical or unsafe for the seizing law enforcement agency to store the destructive device, explosive, poisonous gas, or detonator. Notwithstanding Section 16-23-760, the application for destruction of a destructive device may be made at anytime after seizure. Any destruction ordered 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 court also may order the seizing agency or the agency to which the device, explosive, poisonous gas, or detonator is transferred to make a report of the destruction, take samples before the destruction, or both.
(C) Nothing in subsection (A) or (B) prohibits a bomb technician, law enforcement officer, or fire official from taking action that will render an explosive, destructive device, poisonous gas, or detonator, or other object which is suspected of being an explosive, destructive device, poisonous gas, 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 which are in imminent danger.
(D) 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) pesticides which are 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;
(4) ammunition for small arms and firearms;
(5) components of ammunition for small arms and firearms;
(6) ammunition reloading equipment;
(7) the use of small arms propellant when used in war reenactments;
(8) firearms, as defined in Section 16-8-10; or
(9) fireworks and explosives which are permitted to be sold, possessed, or used under Chapter 35 of Title 23.
(E) The provisions of this article do not 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 7. If any provision of this act or the application thereof to any person is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
SECTION 8. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 9. Sections 16-11-540, 16-11-550, and 16-11-555 of the 1976 Code are repealed.
SECTION 10. This act takes effect upon approval by the Governor.
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