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COMMITTEE REPORT
May 24, 2001
H. 3838
Introduced by Reps. Witherspoon, Sharpe, Allison, Barfield, Barrett, Battle, Cato, Coates, Dantzler, Davenport, Edge, Emory, Hayes, Jennings, Kennedy, Koon, Littlejohn, Lourie, McCraw, McGee, Miller, Moody-Lawrence, J.M. Neal, Rhoad, Riser, Rivers, Robinson, Sandifer, Sinclair, G.M. Smith, J.E. Smith, J.R. Smith, Snow, Stille, Stuart, Trotter, Webb and J. Young
S. Printed 5/24/01--S. [SEC 5/25/01 4:18 PM]
Read the first time April 25, 2001.
To whom was referred a Bill (H. 3838) to amend the Code of Laws of South Carolina, 1976, by adding Section 46-1-75 so as to make it unlawful to damage or destroy research farm products, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 46-1-75. (A) It is unlawful to maliciously damage or destroy a farm product, research facility, or research equipment used for testing or research in conjunction or coordination with a private research entity, a university, or any federal, state, or local governmental agency.
(B) If a person violates subsection (A) and the value of the farm product, research facility, or research equipment is:
(1) less than five hundred dollars, the person is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both;
(2) five hundred dollars or more, the person is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than five years, or both.
(C) The court may order the defendant to make restitution for the damage or destruction caused. For the purpose of ordering restitution, the court shall determine the market value of the farm product, research facility, or research equipment prior to the damage or destruction and, in so doing, shall include the cost of production, research, testing, replacement, and product development directly related to the product damaged or destroyed.
(D) The offenses and penalties provided in this section are supplemental and in addition to all other offenses and penalties provided by law.
(F) For purposes of this section:
(1) 'Farm product' means horticultural, aquacultural, viticultural, forestry, floricultural, dairy, livestock, poultry, bee, and other products ordinarily produced on farms.
(2) 'Research facility' means green houses, buildings, and offices in which farm product research is conducted.
(3) 'Research equipment' means files, data, computers, tractors, sprayers, seeders, tools, vehicles, plants, containers, and any other item pertinent to farm product research. /
Renumber sections to conform.
Amend title to conform.
ROBERT L. WALDREP, JR. for Committee.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-1-75 SO AS TO MAKE IT UNLAWFUL TO DAMAGE OR DESTROY RESEARCH FARM PRODUCTS, TO DEFINE RESEARCH FARM PRODUCTS FOR THIS PURPOSE, TO PERMIT THE COURT TO ORDER RESTITUTION FOR THE DAMAGE OR DESTRUCTION OF RESEARCH FARM PRODUCTS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 46-1-75. (A) Any person that maliciously damages or destroys any farm product, as defined in subsection (B), and knows the product is grown for testing or research purposes in the context of product development in conjunction or coordination with a private research facility, a university, or any federal, state, or local government agency is guilty of a misdemeanor if the value of the farm product was less than two hundred dollars and, upon conviction, must be punished by a fine of not more than one thousand dollars or imprisonment for not more than one year, or both. If the value of the farm product is two hundred dollars or more, the person is guilty of a felony and, upon conviction, must be punished by a fine of not more than ten thousand dollars or imprisonment for not more than five years, or both.
(B) The term 'farm product' for purposes of this section means and includes horticultural, aquacultural, viticultural, forestry, floricultural, dairy, livestock, poultry, bee, and other products ordinarily produced on farms.
(C) The court may order the defendant to make restitution for the damage or destruction caused. For the purpose of awarding restitution under this section, the court shall determine the market value of the farm product prior to its damage or destruction and, in so doing, shall include the cost of production, research, testing, replacement, and product development directly related to the product damaged or destroyed.
(D) The offenses and penalties provided in this section are supplemental and in addition to all other offenses and penalties provided by law."
SECTION 2. This act takes effect upon approval by the Governor.
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