South Carolina General Assembly
114th Session, 2001-2002

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Bill 4012

Indicates Matter Stricken
Indicates New Matter

                    Current Status

Bill Number:                      4012
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20010425
Primary Sponsor:                  Knotts
All Sponsors:                     Knotts, Whatley, Wilkins, Allison, 
                                  Barfield, Gilham, Keegan, Kelley, Klauber, 
                                  Littlejohn, Lloyd, Lourie, Martin, 
                                  Meacham-Richardson, J.M. Neal, Ott, Owens, 
                                  Riser, Rodgers, Sandifer, Snow, Stuart, 
                                  Taylor, Thompson, Weeks and A. Young
Drafted Document Number:          l:\council\bills\bbm\10230djc01.doc
Companion Bill Number:            576
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Violent crime, additional felony to wear 
                                  body armor during commission of; Crimes and 
                                  Offenses, Law Enforcement


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
------  20010426  Companion Bill No. 576
House   20010425  Introduced, read first time,           25 HJ
                  referred to Committee


              Versions of This Bill
View additional legislative information at the LPITS web site.

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

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1080 SO AS TO ADD AN ADDITIONAL FELONY PENALTY WHEN A PERSON WEARS BODY ARMOR WHEN COMMITTING A CRIME INVOLVING A VIOLENT ACT OR A THREAT OF A VIOLENT ACT AND TO PROVIDE EXCEPTIONS; AND BY ADDING SECTION 16-3-1085 SO AS TO MAKE IT UNLAWFUL FOR A PERSON WHO HAS BEEN CONVICTED OF A VIOLENT CRIME TO PURCHASE, OWN, POSSESS, OR USE BODY ARMOR, TO PRESCRIBE PROCEDURES FOR GAINING AN EXCEPTION FROM THE CHIEF OF POLICE OR COUNTY SHERIFF, TO AUTHORIZE LAW ENFORCEMENT AGENCIES TO ISSUE BODY ARMOR TO A PERSON IN CUSTODY OR TO A WITNESS; AND TO PROVIDE PENALTIES.

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

SECTION    1.    The 1976 Code is amended by adding:

    "Section 16-3-1080.    (A)    Except as provided in subsection (B), an individual who commits or attempts to commit a crime that involves a violent act or a threat of a violent act against another person while wearing body armor is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than two thousand dollars, or both. A term of imprisonment imposed for violating this section may be served consecutively to any term of imprisonment imposed for the crime committed or attempted.

    (B)    Subsection (A) does not apply to:

        (1)    a peace officer of this State or another state, or of a local unit of government of this State or another state, or of the United States, performing his or her duties as a peace officer while on or off a scheduled work shift as a peace officer;

        (2)    a security officer performing his or her duties as a security officer while on a scheduled work shift as a security officer.

    (C)    As used in this section:

        (1)    'Body armor' means clothing or a device designed or intended to protect an individual's body or a portion of an individual's body from injury caused by a firearm;

        (2)    'Security officer' means an individual lawfully employed to physically protect another individual or to physically protect the property of another person."

SECTION    2.    The 1976 Code is amended by adding:

    "Section 16-3-1085.    (A)Except as otherwise provided in this section, it is unlawful for a person who has been convicted of a violent crime, as defined in Section 16-1-60 to purchase, own, possess, or use body armor.

    (B)(1)    A person who has been convicted of a violent crime whose employment, livelihood, or safety is dependent on his or her ability to purchase, own, possess, or use body armor may petition the chief of police of the local unit of government in which he or she resides or, if he or she does not reside in a local unit of government that has a police department, the county sheriff, for written permission to purchase, own, possess, or use body armor under this section.

        (2)    The chief of police of a local unit of government or the county sheriff may grant a person who properly petitions that chief of police or county sheriff under subsection (B)(1) written permission to purchase, own, possess, or use body armor as provided in this section if the chief of police or county sheriff determines that the petitioner:

            (a)    is likely to use body armor in a safe and lawful manner; and

            (b)    has reasonable need for the protection provided by body armor.

        (3)    In making the determination required under subsection (B)(1), the chief of police or county sheriff shall consider:

            (a)    the petitioner's continued employment;

            (b)    the interests of justice; and

            (c)    other circumstances justifying issuance of written permission to purchase, own, possess, or use body armor.

        (4)    The chief of police or county sheriff may restrict written permission issued to a petitioner under this section in any manner determined appropriate by that chief of police or county sheriff. If permission is restricted, the chief of police or county sheriff shall state the restrictions in the permission document.

        (5)    Chiefs of police and county sheriffs shall exercise broad discretion in determining whether to issue written permission to purchase, own, possess, or use body armor under this section. However, nothing in this section requires a chief of police or county sheriff to issue written permission to any particular petitioner. The issuance of written permission to purchase, own, possess, or use body armor under this section does not relieve any person or entity from criminal liability that might otherwise be imposed.

        (6)    A person who receives written permission from a chief of police or county sheriff to purchase, own, possess, or use body armor shall have that written permission in his or her possession when he or she is purchasing, owning, possessing, or using body armor.

    (C)    A law enforcement agency may issue body armor to a person who is in custody or who is a witness to a crime for his or her own protection without a petition being previously filed under subsection (B). If the law enforcement agency issues body armor to the person under this subsection, the law enforcement agency shall document the reasons for issuing body armor and retain a copy of that document as an official record. The law enforcement agency shall also issue written permission to the person to possess and use body armor under this section.

    (D)    A person who violates this section is guilty of:

        (1)    a felony for a violation of subsection (A) and, upon conviction, must be imprisoned not more than four years or fined not more than two thousand dollars, or both;

        (2)    a misdemeanor for a violation of subsection (B)(6) and, upon conviction, must be imprisoned not more than ninety days or fined not more than one hundred dollars, or both.

    (E)    As used in this section 'body armor' means clothing or a device designed or intended to protect an individual's body or a portion of an individual's body from injury caused by a firearm."

SECTION    3.    This act takes effect upon approval by the Governor.

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