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HOUSE AMENDMENTS AMENDED
June 7, 2001
S. 182
Introduced by Senators Hawkins, Ritchie, Reese and Branton
S. Printed 6/7/01--S.
Read the first time January 23, 2001.
TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SENTENCING PROCEEDING TO DETERMINE WHETHER A PERSON CONVICTED OF MURDER SHOULD BE SENTENCED TO DEATH, SO AS TO PROVIDE THAT THE MURDER OF A COUNTY DETENTION FACILITY OFFICER IS A STATUTORY AGGRAVATING CIRCUMSTANCE.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-3-20(C)(a)(7) is amended to read:
"(7) The murder of a federal, state, or local law enforcement officer, peace officer or former peace officer, corrections officer or former corrections officer, including county and municipal corrections officers, a county detention facility employee or former county detention facility employee, or fireman or former fireman during or because of the performance of his official duties."
SECTION 2. The 1976 Code is amended by adding:
"Section 40-80-20. (A)(1) Prior to employment of any firefighter, paid or volunteer, the fire chief or other employer must ensure that each prospective firefighter undergoes a criminal records check conducted by a law enforcement agency.
(2) The cost of the criminal records check must not exceed eight dollars.
(3) A criminal records check is not required for a firefighter employed on June 30, 2001, as long as the firefighter is employed with the same fire department that employed the firefighter on June 30, 2001. Upon separation from the fire department that employed him on June 30, 2001, a firefighter must comply with the provisions of Section 40-80-40.
(B)(1) After July 1, 2001, a person must not be allowed to perform firefighting duties in the State of South Carolina if the person has been convicted of, or pled guilty or no lo contendre to:
(a) a felony;
(b) arson or any other offense provided in Article 3, Chapter 11, Title 16; or
(c) an offense involving a controlled substance provided in Chapter 53, Title 44.
(2) The prohibition provided in item (1) of this subsection must apply for a period of ten years after the conviction or plea of guilty or no lo contendre. After the expiration of the ten-year period, a fire chief has the option and discretion to determine whether or not to hire a person with a disqualifying criminal record as a firefighter.
(3) The prohibition provided in item (1) of this subsection does not apply to a firefighter employed on June 30, 2001."
SECTION 3. Section 16-11-110 of the 1976 Code is amended to read:
"Section 16-11-110. (A) A person who wilfully and maliciously causes an explosion, sets fire to, burns, or causes to be burned or aids, counsels, or procures the a burning that results in damage to of a building, structure, or any property specified in subsections (B) and (C) whether the property of himself or another, which results, either directly or indirectly, in death or serious bodily injury to a person is guilty of arson in the first degree and, upon conviction, must be imprisoned not less than ten nor more than thirty years.
(B) A person who wilfully and maliciously causes an explosion, sets fire to, burns, or causes to be burned or aids, counsels, or procures the burning that results in damage to of a dwelling house, church or place of worship, a public or private school facility, a manufacturing plant or warehouse, a building where business is conducted, an institutional facility, or any structure designed for human occupancy to include local and municipal buildings, whether the property of himself or another, is guilty of arson in the second degree and, upon conviction, must be imprisoned not less than five nor more than twenty-five years.
(C) A person who wilfully and maliciously:
(1) causes an explosion, sets fire to, burns, or causes to be burned a burning which results in damage to a building or structure other than those specified in subsections (A) or (B), a railway car, a ship, boat, or other watercraft, an aircraft, an automobile or other motor vehicle, or personal property; or
(2) aids, counsels, or procures the a burning that results in damage to of a building or structure other than those specified in subsections (A) or (B), a railway car, a ship, boat, or other watercraft, an aircraft, an automobile or other motor vehicle, or personal property with intent to destroy or damage by explosion or fire; whether the property of himself or another, is guilty of arson in the third degree and, upon conviction, must be imprisoned not less than one and not more than ten years.
(D) For purposes of this section, 'damage' means an application of fire or explosive that results in burning, charring, blistering, scorching, smoking, singeing, discoloring, or changing the fiber or composition of a building, structure, or any property specified in this section."
SECTION 4. This act takes effect upon approval by the Governor and applies to offenses committed on or after the effective date.
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