South Carolina General Assembly
114th Session, 2001-2002

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Bill 252


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      252
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20010131
Primary Sponsor:                  Hayes
All Sponsors:                     Hayes, Branton, Alexander, Ravenel, 
                                  Leatherman, Grooms, J. Verne Smith, Peeler, 
                                  Giese, Wilson, Gregory, Hawkins, Ritchie, Fair
Drafted Document Number:          l:\council\bills\nbd\11128ac01.doc
Residing Body:                    Senate
Date of Last Amendment:           20020529
Subject:                          Beer and wine, minors under twenty-one 
                                  aiding law enforcement investigation may not 
                                  be charged; Alcoholic beverages


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20020530  Read third time, returned with
                  amendment
House   20020529  Amended, read second time
House   20020528  Request for debate withdrawn
                  by Representative                              Sheheen
                                                                 Scott
                                                                 Bales
House   20020528  Request for debate by Representative           Scott
                                                                 Breeland
                                                                 Bales
                                                                 J. Hines
                                                                 Sheheen
                                                                 Lee
                                                                 M. Hines
House   20020522  Committee report: Favorable with       25 HJ
                  amendment
House   20010620  Introduced, read first time,           25 HJ
                  referred to Committee
Senate  20010620  Read third time, sent to House
------  20010611  Scrivener's error corrected
Senate  20010607  Co-Sponsor added by Senator                    Fair
Senate  20010607  Amended, read second time, 
                  unanimous consent for third 
                  reading on the next Legislative Day.
Senate  20010308  Committee amendment adopted
Senate  20010307  Committee report: Favorable with       11 SJ
                  amendment
Senate  20010131  Introduced, read first time,           11 SJ
                  referred to Committee


              Versions of This Bill
Revised on March 7, 2001 - Word format
Revised on March 8, 2001 - Word format
Revised on June 7, 2001 - Word format
Revised on June 11, 2001 - Word format
Revised on May 22, 2002 - Word format
Revised on May 29, 2002 - Word format

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

AMENDED

May 29, 2002

    S. 252

Introduced by Senators Hayes, Branton, Alexander, Ravenel, Leatherman, Grooms, J. Verne Smith, Peeler, Giese, Wilson, Gregory, Hawkins, Ritchie and Fair

S. Printed 5/29/02--H.

Read the first time June 20, 2001.

            

A BILL

TO AMEND SECTION 61-4-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL CHARGES BROUGHT AGAINST SELLERS AND BUYERS FOR THE UNLAWFUL PURCHASE OF BEER OR WINE BY A MINOR, SO AS TO PROHIBIT A MINOR FROM BEING CHARGED WITH UNLAWFULLY PURCHASING BEER OR WINE IF THE MINOR MADE THE PURCHASE AS PART OF AN INVESTIGATION BEING CONDUCTED BY LAW ENFORCEMENT.

    Amend Title To Conform

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

SECTION    1.    Section 61-4-100 of the 1976 Code, as added by Act 415 of 1996, is amended by adding at the end:

    "A minor shall not be charged with a violation of Section 20-7-8920 or Section 61-4-60 if the minor purchases the beer or wine on behalf of a state or local law enforcement agency as part of an investigation being conducted by the law enforcement agency.

    A minor who has completed a buyer training program offered by the State Law Enforcement Division and the Department of Alcohol and Other Drug Abuse Services may not be charged with a violation of Section 20-7-8920 or Section 61-4-60 if the minor purchases the beer or wine on behalf of a state or local law enforcement agency as part of an investigation being conducted by the law enforcement agency. A minor who has pending or previous criminal charges or convictions, other than minor traffic violations, may not participate in this program."

SECTION    2.    The 1976 Code is amended by adding:

    "Section 61-2-270.    The State Law Enforcement Division shall implement a 'Cops in Shops' program, or other similar programs, in which SLED works with the business community to enforce underage purchase and possession statutes."

SECTION    3.    The 1976 Code is amended by adding:

    "Section 61-4-105.    A law enforcement agency that conducts an age verification check at a retail location shall notify that retailer in writing as to whether the compliance check was successful or unsuccessful, the retail location that was checked, and the date that the compliance check took place. The law enforcement agency shall notify the retailer within thirty days of the completion of the compliance check."

SECTION     4.    A.        Section 20-7-510(A) of the 1976 Code, as amended by Act 81 of 2001, is further amended to read:

    "(A)        A physician, nurse, dentist, optometrist, medical examiner or coroner or an employee of a county medical examiner's or coroner's office or any other medical, emergency medical services, mental health, or allied health professional or Christian science practitioner, religious healer, member of the clergy, school teacher, counselor, principal, assistant principal, social or public assistance worker, substance abuse treatment staff, or childcare worker in any daycare center or foster care facility, police or law enforcement officer, undertaker, funeral home director or employee of a funeral home, persons responsible for processing of films, computer technician, or any judge shall report in accordance with this section when in the person's professional capacity the person has received information which gives the person reason to believe that a child's physical or mental health or welfare has been or may be adversely affected by abuse or neglect child has been or may be abused or neglected as defined in Section 20-7-490."

B.        Section 20-7-550 of the 1976 Code, as amended by Act 450 of 1996, is further amended to read:

    "Section 20-7-550.    The privileged quality of communication between husband and wife and any professional person and his patient or client, except that between attorney and client or priest clergy member and penitent, is abrogated and does not constitute grounds for failure to report or the exclusion of evidence in a civil protective proceeding resulting from a report pursuant to this article. However, a clergy member must report in accordance with this subarticle except when information is received during a communication that is protected by the clergy and penitent privilege as defined in Section 19-11-90."

SECTION    5.    This act takes effect upon approval by the Governor.

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