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Current Status Bill Number:View additional legislative information at the LPITS web site.576 Ratification Number:110 Act Number:100 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:20010411 Primary Sponsor:Bauer All Sponsors:Bauer, Ravenel, Grooms, McGill, Branton, Elliott, Peeler, Giese, Leventis, Mescher, McConnell, Short, Courson, Leatherman, Setzler, Wilson, Holland, Ryberg, Reese, Martin, Verdin, Gregory, Thomas, Ritchie, Richardson and Moore Drafted Document Number:l:\council\bills\nbd\11261ac01.doc Companion Bill Number:4012 Date Bill Passed both Bodies:20010523 Date of Last Amendment:20010426 Governor's Action:S Date of Governor's Action:20010831 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 ______ ________ ______________________________________ _______ ____________ ------ 20010918 Act No. A100 ------ 20010831 Signed by Governor ------ 20010605 Ratified R110 House 20010523 Read third time, enrolled for ratification House 20010522 Read second time House 20010516 Committee report: Favorable 25 HJ House 20010501 Introduced, read first time, 25 HJ referred to Committee ------ 20010430 Scrivener's error corrected Senate 20010427 Read third time, sent to House ------ 20010426 Companion Bill No. 4012 Senate 20010426 Amended, read second time, unanimous consent for third reading on Friday, 20010427 Senate 20010425 Committee report: Favorable 11 SJ Senate 20010411 Introduced, read first time, 11 SJ referred to Committee Versions of This Bill Revised on April 25, 2001 - Word format Revised on April 26, 2001 - Word format Revised on April 30, 2001 - Word format Revised on May 16, 2001 - Word format
(A100, R110, S576)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1080 SO AS TO CREATE A FELONY FOR WEARING BODY ARMOR WHEN COMMITTING OR ATTEMPTING TO COMMIT A VIOLENT CRIME 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 AND CRITERIA FOR GAINING AN EXCEPTION BY PETITIONING 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:
Felony established for committing or attempting to commit a violent crime while wearing body armor
SECTION 1. The 1976 Code is amended by adding:
"Section 16-3-1080. (A) Except as provided in subsection (B), a person who commits or attempts to commit a violent crime, as defined in Section 16-1-60, or threatens to commit a violent crime, as defined in Section 16-1-60, 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, while in the performance of his official duties; or
(2) a security officer while in the performance of his official duties.
(C) As used in this section:
(1) 'Body armor' means clothing or a device designed or intended to protect a person's body or a portion of a person's body from injury caused by a firearm;
(2) 'Security officer' means a person lawfully employed to protect another person or to protect the property of another person."
Violent offender prohibited from purchasing, owning, or using body armor; exceptions
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 ability to purchase, own, possess, or use body armor may petition the chief of police of the local unit of government in which he resides or, if he does not reside in a local unit of government that has a police department, he may petition the county sheriff for written permission to purchase, own, possess, or use body armor.
(2) The chief of police of a local unit of government or the county sheriff may grant a person who properly petitions the 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 must 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 must state the restrictions in the permission document.
(5) Chiefs of police and county sheriffs must 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 must have the written permission in his possession when he is purchasing, owning, possessing, or using body armor.
(C) A law enforcement agency may issue body armor to a person who is in the custody of a law enforcement agency or a local or state correctional facility or who is a witness to a crime for his protection without a petition being filed under subsection (B). If the law enforcement agency issues body armor to a person under this subsection, the law enforcement agency must document the reasons for issuing the body armor and retain a copy of that document as an official record. The law enforcement agency must 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 five 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 a person's body or a portion of a person's body from injury caused by a firearm."
Time effective
SECTION 3. This act takes effect upon approval by the Governor.
Ratified the 5th day of June, 2001.
Approved the 31st day of August, 2001.
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