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Current Status Bill Number:View additional legislative information at the LPITS web site.4697 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20020207 Primary Sponsor:Knotts All Sponsors:Knotts and Whatley Drafted Document Number:l:\council\bills\swb\5091djc02.doc Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Firearms, weapons, or police equipment; penalties for taking from law enforcement or correctional officer History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20020207 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill
TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST THE PERSON, BY ADDING SECTION 16-9-325 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO TAKE A FIREARM, WEAPON, OR ITEM OF POLICE OR CUSTODIAL EQUIPMENT FROM A LAW ENFORCEMENT OFFICER, CORRECTIONAL OFFICER, OR A PERSON HAVING AND LAWFULLY EXERCISING THE POWER OF ARREST, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 4, Chapter 3, Title 16 of the 1976 Code is amended by adding:
"Section 16-9-325. (A) For purposes of this section:
(1) 'Governmental entity' means an agency or instrumentality of this State, or of a county, municipality, or political subdivision of this State, or an agency or instrumentality of the United States, that is empowered by the constitution and laws of this State or the United States to hire, employ, train, commission, or authorize a person to exercise the power of arrest incident to the enforcement of traffic, criminal, and penal laws of this State or of the United States.
(2) 'Law enforcement officer' means a person who is a commissioned or appointed officer or employee of this State, an agency or institution of this State, or of a county, municipality or another political subdivision of this State, hired and regularly on the payroll of this State or the United States, or of a county, municipality, or another political subdivision of this State, who is granted statutory authority to enforce some or all of the criminal, traffic, and penal laws of this State or of the United States, or of a county, municipality, or another political subdivision of this State, and who possesses, with respect to those laws, the power to effect arrests for offenses committed or alleged to have been committed.
(3) 'Correctional officer' means a person who is a commissioned or appointed officer or employee of this State or the United States, or an agency or institution of this State or the United States, or of a county, municipality, or another political subdivision of this State, who is hired and granted authority to perform duties relating to the administration, operation, or security of a jail, prison, penal institution, or correctional facility, or relating to the imprisonment, supervision, guarding, discipline, transportation, care, custody, control, correction, or security of inmates at the request of and under the supervision or direction of a federal, state, county, municipal, or other government sanctioned jail, prison, penal institution or correctional facility.
(4) 'Person having the power of arrest' means a person other than a law enforcement or correctional officer who has the power of arrest under the statutory or common law of this State, or under the statutory law of the United States.
(5) 'Firearm' means a weapon capable of firing a projectile using an explosive as a propellant including, but not limited to, a rifle, pistol, shot gun, or a grenade launcher.
(6) 'Weapon' means an object used or designed to be used by a person as an instrument of attack or defense in an altercation, attack, or combat that is capable of stopping, stunning, disabling, injuring, or causing the death of another person. 'Weapon' also means a device, instrument, tool, material, or substance that, from the manner it is used or is intended to be used is calculated or likely to stop, stun, disable, injure, or cause the death of another person.
(7) 'Item of police or custodial equipment' and 'item' means a badge, an identification card or credentials that identifies a person as a law enforcement or corrections officer, handcuffs, handcuff keys, cell, or other keys used to secure a prisoner, a baton or night stick, uniform items including a belt or pouches for holding or carrying items of police or custodial equipment, prisoner restrains of all kinds, radio, telephonic, video, digital, laser, or electronic communications or visual equipment of all kinds, and any other item of police or custodial equipment issued to or used by law enforcement officers or correctional officers in the performance of their duties.
(B) It is unlawful for a person to take, by force, stealth, or otherwise, a firearm, weapon, or item of police or custodial equipment from a law enforcement officer or correctional officer, or a person having the power of arrest when lawfully exercising the power of arrest, if:
(1) the person knows or has reason to believe the person from whom the firearm, weapon, or item is taken is a law enforcement officer, corrections officer, or a person who has the power of arrest;
(2) the law enforcement officer, corrections officer, or person having the power of arrest is performing his duty as a law enforcement or corrections officer, or is lawfully exercising his power of arrest;
(3) the person takes the firearm, weapon, or item without the prior knowledge and consent of the law enforcement officer, corrections officer, or person having the power of arrest; and
(4) (a) if the firearm, weapon, or item is taken from the law enforcement or corrections officer, the law enforcement or corrections officer is authorized by his employer to use, carry, or have in his possession the firearm, weapon, or item in the line of duty; or
(b) if the firearm, weapon, or item is taken from a person having the power of arrest other than a law enforcement or correctional officer, the person from whom the firearm, weapon, or item is taken is lawfully exercising his power of arrest, and the firearm, weapon, or item is lawfully in his possession at the time it is taken.
(C) A person who unlawfully takes a firearm from a law enforcement officer, correctional officer, or another person having the power of arrest when lawfully exercising the power of arrest is guilty of a felony and, upon conviction, must be punished by a fine of not more than five thousand dollars or imprisoned for not more than ten years, or both.
(D) A person who unlawfully takes a weapon or item of police or custodial equipment from a law enforcement officer, correctional officer, or another person having the power of arrest when lawfully exercising the power of arrest is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than one thousand dollars or imprisoned for not more than three years, or both."
SECTION 2. This act takes effect upon approval by the Governor.
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