South Carolina General Assembly
114th Session, 2001-2002

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Bill 997


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      997
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20020207
Primary Sponsor:                  Hawkins
All Sponsors:                     Hawkins
Drafted Document Number:          l:\council\bills\ggs\22316cm02.doc
Residing Body:                    Senate
Current Committee:                Judiciary Committee 11 SJ
Subject:                          Weapons, taking of from peace officer or 
                                  corrections officer, felony offense


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  20020207  Introduced, read first time,           11 SJ
                  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 16-3-1095 SO AS TO PROVIDE THAT IT IS A FELONY TO TAKE A WEAPON FROM THE LAWFUL POSSESSION OF A PEACE OFFICER OR CORRECTIONS OFFICER UNDER CERTAIN CIRCUMSTANCES, 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 16-3-1095. (A) As used in this section, 'peace officer' means a:

(1) police officer of this State or a subdivision of this State;

(2) police officer of any entity of the United States;

(3) sheriff;

(4) public safety officer of a college or university who is authorized by the governing board of the college or university to enforce the state's laws and the college's or university's rules and regulations;

(5) conservation officer of the Department of Natural Resources; or

(6) conservation officer of the United States Department of Interior.

(B) A person who takes a weapon other than a firearm from the lawful possession of a peace officer or a corrections officer is guilty of a felony and, upon conviction, must be imprisoned not more than three years or fined not more than one thousand dollars, or both if, at the time when the weapon is taken the:

(1) person knows or believes the person from whom the weapon is taken is a peace officer or a corrections officer;

(2) peace officer or corrections officer is performing his duties as a peace officer or a corrections officer;

(3) person takes the weapon without the consent of the peace officer or corrections officer; and

(4) peace officer or corrections officer is authorized by his employer to carry the weapon in the line of duty.

(C) A person who takes a firearm from the possession of a peace officer or a corrections officer is guilty of a felony and, upon conviction, must be imprisoned not more than ten years or fined not more than five thousand dollars, or both if, at the time the firearm is taken the:

(1) person knows or believes the person from whom the firearm is taken is a peace officer or a corrections officer;

(2) peace officer or corrections officer is performing his duties as a peace officer or corrections officer;

(3) person takes the firearm without the consent of the peace officer or corrections officer; and

(4) peace officer or corrections officer is authorized by his employer to carry the firearm in the line of duty.

(D) This section does not prohibit a person from being charged with, convicted of, or punished for another violation of the law that he commits while violating a provision contained in this section."

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

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