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Bill 98

                    Current Status

Bill Number:                      98
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20010110
Primary Sponsor:                  Wilson
All Sponsors:                     Wilson, Reese, Rankin, Branton
Drafted Document Number:          l:\council\bills\dka\4042mm01.doc
Residing Body:                    Senate
Current Committee:                Judiciary Committee 11 SJ
Subject:                          Harassment, stalking; definitions exclude 
                                  acts of private detectives when; Crimes and 
                                  Offenses, Law Enforcement


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  20010110  Introduced, read first time,           11 SJ
                  referred to Committee


              Versions of This Bill

TO AMEND SECTION 16-3-1700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF "HARASSMENT" AND "STALKING", SO AS TO FURTHER PROVIDE FOR THE DEFINITION OF "HARASSMENT" AND TO EXCLUDE FROM "HARASSMENT" AND "STALKING" THE ACTS OF REGISTERED PRIVATE DETECTIVES PERFORMING THEIR OFFICIAL DUTIES.

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

SECTION 1. Section 16-3-1700(A) and (B) of the 1976 Code, as added by Act 94 of 1995, is amended to read:

"(A) 'Harassment' means a pattern of intentional, substantial, and unreasonable intrusion into the private life of a targeted person that causes the person and would cause a reasonable person in his position to suffer mental distress. Harassment may include, but is not limited to:

(1) following the targeted person as he moves from location to location;

(2) visual, physical, or verbal contact that is initiated, maintained, or repeated after a the person initiating, maintaining, or repeating the contact has been provided notice that the contact is unwanted;

(3) surveillance of or the maintenance of a presence near the targeted person's:

(a) residence;

(b) place of work;

(c) school; or

(d) another place regularly occupied by the targeted person; and

(4) vandalism and property damage.

Harassment does not include words or conduct that is protected by the Constitution of this State or the United States, and does not apply to law enforcement officers, registered private detectives pursuant to Chapter 17 of Title 40, or process servers performing their official duties.

(B) 'Stalking' means a pattern of words or conduct that is intended to cause and does cause a targeted person and would cause a reasonable person in the targeted person's position to fear:

(1) death of the person or a member of his family;

(2) assault upon the person or a member of his family;

(3) bodily injury to the person or a member of his family;

(4) criminal sexual contact on of the person or a member of his family;

(5) kidnapping of the person or a member of his family; or

(6) damage to the property of the person or a member of his family.

Stalking does not include words or conduct that is protected by the Constitution of this State or the United States and does not apply to law enforcement officers, registered private detectives pursuant to Chapter 17 of Title 40, or process servers performing their official duties."

SECTION 2. This act takes effect upon approval by the Governor.

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