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Indicates Matter Stricken
Indicates New Matter
FREE CONFERENCE COMMITTEE REPORT ADOPTED -- NOT PRINTED
April 10, 2002
S. 182
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.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-3-20(C)(a)(7) of the 1976 Code is amended to read:
"(7) The murder of a federal, state, or local law enforcement officer or former federal, state, or local law enforcement officer, peace officer or former peace officer, corrections employee officer or former corrections employee officer, including a county or municipal corrections officer or a former county or municipal corrections officer, a county or municipal detention facility employee or former county or municipal detention facility employee, or fireman or former fireman during or because of the performance of his official duties."
SECTION 2. 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 of to 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 of to 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 of 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 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 3. Section 40-80-20 of the 1976 Code, as added by Act 60 of 2001, is amended read:
"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.
(B)(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 as of June 30, 2001, if the firefighter is employed with the same fire department that he was employed with on June 30, 2001. Upon separation from the fire department that he was employed with on June 30, 2001, a firefighter must comply with the provisions of Section 40-80-40.
(B)(1) After June 30, 2001, a person must not perform firefighting duties in South Carolina if the person has been convicted of, or pled guilty or nolo contendere 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 as provided for in Chapter 53, Title 44.
(2) The prohibition in item (1) of this subsection applies for a period of ten years after the conviction or plea of guilty or nolo contendere.
(C) A person who is convicted, pleads guilty or no contest, or otherwise admits guilt, regardless of adjudication, to a felony, arson related crime, use of an illegal substance, or abuse of a controlled substance within the last ten years, shall not be allowed to perform firefighting duties in the State of South Carolina on or after July 1, 2001. After the expiration of the ten-year period, it is within a fire chief has the option and chief's or other employer's discretion to determine whether or not to hire allow a person with a criminal record as a firefighter to perform firefighting duties.
(D) A criminal records check is not required for a firefighter employed on or before June 30, 2001."
SECTION 4. Notwithstanding any other provision of law, the State Law Enforcement Division is not required to implement those provisions of Section 56-5-2934 as contained in Section 9 of Act 390 of 2000 pertaining to the compulsory process for obtaining witnesses until such time that the General Assembly provides funding for the program. The State Law Enforcement Division must reassess the costs necessary to implement this program and present information regarding the costs to the House Ways and Means Committee and the Senate Finance Committee during each Committee's budget hearings for fiscal year 2003-2004.
SECTION 5. This act takes effect upon approval by the Governor and applies to offenses committed on or after the effective date.
/s/Chauncey K. Gregory /s/F. Gregory "Greg" Delleney, Jr.
/s/C. Bradley Hutto /s/Donny Wilder
/s/John D. Hawkins /s/James N. Law
On Part of the Senate. On Part of the House.
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