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COMMITTEE REPORT
February 21, 2002
H. 4416
Introduced by Reps. Wilkins, Harrison, W.D. Smith, J. Brown, Leach, Bingham, Keegan, Whatley, Carnell, Vaughn, Lucas, Lourie, Limehouse, J.R. Smith, Wilder, Webb, Kirsh, Allison, A. Young, Sandifer, Walker, Talley, Littlejohn, Coates, Altman, Witherspoon, Campsen, Taylor, Law, Snow, Rice, Simrill, Freeman, Neilson, Clyburn, Gilham, Tripp, Cotty, Rodgers, Loftis, Frye, Koon, Delleney, Haskins, Hamilton, Cato, Easterday, Barfield, Scarborough, Chellis, Thompson, Edge, Merrill, Fleming, Stuart, Cooper, Dantzler, D.C. Smith, Sinclair, J. Young, White, Martin, Trotter, Harrell, Quinn, Huggins, Miller, Battle, Harvin, Barrett, Emory and Knotts
S. Printed 2/21/02--H.
Read the first time January 8, 2002.
To whom was referred a Bill (H. 4416) to enact the South Carolina "Omnibus Terrorism Protection and Homeland Defense Act of 2002" including provisions to amend the Code of Laws of South Carolina, 1976, by adding Section 16-3-1100, 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. This act is known and may be cited as the South Carolina "Omnibus Counter-Terrorism and Homeland Defense Act of 2002".
SECTION 2. Title 17 of the 1976 Code is amended by adding:
Section 17-30-10. The General Assembly has determined to enact the provisions of this chapter to permit the interception of wire, electronic, or oral communications in the manner permitted by this chapter.
Section 17-30-15. As used in this chapter:
(1) 'Wire communication' means any aural transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection between the point of origin and the point of reception including the use of such connection in a switching station furnished or operated by any person engaged in providing or operating the facilities for the transmission of intrastate, interstate, or foreign communications or communications affecting intrastate, interstate, or foreign commerce. The term includes any electronic storage of the communication.
(2) 'Oral communication' means any oral communication uttered by a person exhibiting an expectation that the communication is not subject to interception under circumstances justifying the expectation and does not mean any public oral communication uttered at a public meeting or any electronic communication.
(3) 'Intercept' means the aural or other acquisition of the contents of any wire, electronic, or oral communication through the use of any electronic, mechanical, or other device.
(4) 'Electronic, mechanical, or other device' means any device or apparatus which can be used to intercept a wire, electronic, or oral communication other than:
(a) Any telephone or telegraph instrument, equipment, or facility, or any component thereof:
( i) furnished to the subscriber or user by a provider of wire or electronic communication service in the ordinary course of its business and being used by the subscriber or user in the ordinary course of its business or furnished by the subscriber or user for connection to the facilities of the service and used in the ordinary course of its business; or
(ii) being used by a provider of wire or electronic communications service in the ordinary course of its business or by an investigative or law enforcement officer in the ordinary course of his duties; or
(b) a hearing aid or similar device being used to correct subnormal hearing to not better than normal.
(5) 'Person' means an employee or agent of the State of South Carolina or political subdivision of the State, of the United States, or of any other state or political subdivision of the State, and any individual, partnership, association, joint stock company, trust, or corporation.
(6) 'Investigative or law enforcement officer' means an officer of the State of South Carolina or political subdivision of the State, of the United States, or of any other state or political subdivision of the State, who is empowered by law to conduct on behalf of the government investigations of, or to make arrests for, offenses enumerated in this chapter or similar federal offenses, and any attorney authorized by law to prosecute or participate in the prosecution of these offenses.
(7) 'Contents', when used with respect to any wire, oral, or electronic communication, includes any information concerning the substance, purport, or meaning of that communication.
(8) 'Judge of competent jurisdiction' means a Justice of the Supreme Court, a judge of the court of appeals, or a circuit court judge of the State of South Carolina.
(9) 'Aggrieved person' means a person who was a party to any intercepted wire, oral, or electronic communication or a person against whom the interception was directed.
(10) 'Law enforcement agency' means an agency of the State of South Carolina or a political subdivision of the State or of the United States if the primary responsibility of the agency is the prevention and detection of crime and if its agents and officers are empowered by law to conduct criminal investigations and to make arrests.
(11) 'Communication common carrier' shall have the same meaning which is given the term 'common carrier' in 47 U.S.C. Section 153(h).
(12) 'Electronic communication' means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, photooptical system, or any other device that affects intrastate, interstate, or foreign commerce, but does not include:
(a) any wire or oral communication;
(b) any communication made through a tone-only paging device;
(c) any communication from an electronic or mechanical device which permits the tracking of the movement of a person or an object; or
(d) electronic funds transfer information stored by a financial institution in a communications system used for the electronic storage and transfer of funds.
(13) 'User' means any person or entity who:
(a) uses an electronic communication service, and
(b) is duly authorized by the provider of the service to engage in its use.
(14) 'Electronic communications system' means any wire, radio, electromagnetic, photooptical, or photoelectronic facilities for the transmission of wire or electronic communications, and any computer facilities or related electronic equipment for the electronic storage of these communications.
(15) 'Electronic communication service' means any service which provides to users of the service the ability to send or receive wire or electronic communications.
(16) 'Readily accessible to the general public' means, with respect to a radio communication, that the communication is not:
(a) scrambled or encrypted;
(b) transmitted using modulation techniques whose essential parameters have been withheld from the public with the intention of preserving the privacy of the communication;
(c) carried on a subcarrier or other signal subsidiary to a radio transmission;
(d) transmitted over a communications system provided by a common carrier, unless the communication is a tone-only paging system communication; or
(e) transmitted on frequencies allocated under Part 25; Subpart D, Subpart E, or Subpart F of Part 74; or Part 94 of the Rules of the Federal Communications Commission, unless, in the case of a communication transmitted on a frequency allocated under Part 74 that is not exclusively allocated to broadcast auxiliary services, the communication is a two-way voice communication by radio.
(17) 'Electronic storage' means:
(a) any temporary intermediate storage of a wire or electronic communication incidental to the electronic transmission of the communication;
(b) any storage of a wire or electronic communication by an electronic communication service for purposes of backup protection of such communication.
(18) 'Aural transfer' means a transfer containing the human voice at any point between and including the point of origin and the point of reception.
(19) 'Remote computing service' means the provision to the public of computer storage or processing services by means of an electronic communications system.
(20) 'Pen register' means a device which records or decodes electronic or other impulses which identify the numbers dialed or otherwise transmitted on the telephone line to which the device is attached, but the term does not include any device used by a provider or customer of a wire or electronic communication service for billing or recording as an incident to billing, for communication services provided by the provider, or any device used by a provider or customer of a wire communication service for cost accounting or other like purposes in the ordinary course of its business.
(21) 'Trap and trace device' means a device which captures the incoming electronic or other impulses which identify the originating number of an instrument or a device from which a wire or electronic communication was transmitted.
(22) 'State' means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any other possession or territory of the United States.
Section 17-30-20. Except as otherwise specifically provided in this chapter, any person is guilty of a felony and, upon conviction, must be punished as provided in Section 17-30-50 of this chapter who:
(1) intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept any wire, oral, or electronic communication;
(2) intentionally uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication when:
(a) the device is affixed to, or otherwise transmits a signal through, a wire, cable, or other like connection used in wire communication; or
(b) the device transmits communications by radio or interferes with the transmission of the communication;
(3) intentionally discloses, or endeavors to disclose, to any other person the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection;
(4) intentionally uses, or endeavors to use, the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection; or
(5) intentionally discloses, or endeavors to disclose, to any other person the contents of any wire, oral, or electronic communication intercepted by means authorized by Section 17-30-70 or Section 17-30-95 when that person knows or has reason to know that the information was obtained through the interception of such a communication in connection with a criminal investigation, has obtained or received the information in connection with a criminal investigation, and intends to improperly obstruct, impede, or interfere with a duly authorized criminal investigation.
Section 17-30-25. (A) It is lawful under this chapter for an operator of a switchboard, or an officer, employee, or agent of a provider of wire or electronic communication service whose facilities are used in the transmission of a wire or electronic communication, to intercept, disclose, or use that communication in the normal course of his employment while engaged in any activity which is a necessary incident to the rendition of his service or to the protection of the rights or property of the provider of that service, except that a provider of wire communication service to the public shall not utilize service observing or random monitoring except for mechanical or service quality control checks.
(B) Notwithstanding any other provision of law, a provider of wire, oral, or electronic communication service, or an officer, employee, or agent thereof, or landlord, custodian, or other person, may provide information, facilities, or technical assistance to a person authorized by law to intercept wire, oral, or electronic communications if the provider, or an officer, employee, or agent thereof, or landlord, custodian, or other person, has been provided with:
(1) a court order directing such assistance signed by the authorizing judge; or
(2) a certification in writing by a person specified in Section 17-30-95 that no warrant or court order is required by law, that all statutory requirements have been met, and that the specified assistance is required, setting forth the period of time during which the provision of the information, facilities, or technical assistance is authorized and specifying the information, facilities, or technical assistance required.
(C) A provider of wire, oral, or electronic communication service, or an officer, employee, or agent thereof, or landlord, custodian, or other person may not disclose the existence of any interception or the device used to accomplish the interception with respect to which the person has been furnished an order under this chapter, except as may otherwise be required by legal process and then only after prior notice to the Attorney General, or his designee, or the solicitor or his designee. Any such disclosure renders the person liable for the civil damages provided under Section 17-30-135, and the person may be prosecuted. An action may not be brought against a provider of wire, oral, or electronic communication service, or an officer, employee, or agent thereof, or landlord, custodian, or other person for providing information, facilities, or assistance in accordance with the terms of a court order under this chapter.
Section 17-30-30. (A) It is lawful under this chapter for an officer, employee, or agent of the Federal Communications Commission, in the normal course of his employment and in discharge of the monitoring responsibilities exercised by the Commission in the enforcement of 47 U.S.C. Chapter 5, to intercept a wire, oral, or electronic communication transmitted by radio or to disclose or use the information thereby obtained.
(B) It is not unlawful under this chapter for a person acting under color of law to intercept a wire, oral, or electronic communication, where the person is a party to the communication or one of the parties to the communication has given prior consent to the interception.
(C) It is not unlawful under this chapter for a person not acting under color of law to intercept a wire, oral, or electronic communication where the person is a party to the communication or where one of the parties to the communication has given prior consent to the interception.
Section 17-30-35. (A) It is not unlawful under this chapter for a person to:
(1) intercept or access an electronic communication made through an electronic communication system that is configured so that the electronic communication is readily accessible to the general public;
(2) intercept any radio communication which is transmitted by:
(a) any station for the use of the general public, or that relates to ships, aircraft, vehicles, or persons in distress;
(b) any governmental, law enforcement, civil defense, private land mobile, or public safety communications system, including any police or fire communications system, readily accessible to the general public;
(c) a station operating on an authorized frequency within the bands allocated to the amateur, citizens band, or general mobile radio services; or
(d) any marine or aeronautical communications system;
(3) engage in any conduct which is:
(a) prohibited by Section 633 of the Communications Act of 1934; or
(b) excepted from the application of Section 705(a) of the Communications Act of 1934 and by Section 705(b) of that act;
(4) intercept any wire or electronic communication the transmission of which is causing harmful interference to any lawfully operating station of consumer electronic equipment to the extent necessary to identify the source of the interference;
(5) intercept, if the person is another user of the same frequency, any radio communication that is not scrambled or encrypted made through a system that utilizes frequencies monitored by individuals engaged in the provision or the use of the system;
(6) intercept a satellite transmission that is not scrambled or encrypted and that is transmitted:
(a) to a broadcasting station for purposes of retransmission to the general public; or
(b) as an audio subcarrier intended for redistribution to facilities open to the public, but not including data transmissions or telephone calls, when the interception is not for the purposes of direct or indirect commercial advantage or private financial gain;
(7) intercept and privately view a private satellite video communication that is not scrambled or encrypted or to intercept a radio communication that is transmitted on frequencies allocated under Subpart D of Part 74 of the rules of the Federal Communications Commission that is not scrambled or encrypted, if the interception is not for a tortuous or illegal purpose or for purposes of direct or indirect commercial advantage or private commercial gain; or
(8) retrieve or view emails or information from a personal computer or disk.
(B) It is not unlawful under this chapter for a provider of electronic communication service to record the fact that a wire or electronic communication was initiated or completed in order to protect the provider, another provider furnishing service toward the completion of the wire or electronic communication, or a user of that service, from fraudulent, unlawful, or abusive use of such service.
Section 17-30-40. (A) Except as provided in subsection (B), a person or entity providing an electronic communication service to the public shall not intentionally divulge the contents of any communication while in transmission on that service to any person or entity other than an addressee or intended recipient of the communication or an agent of the addressee or intended recipient.
(B) A person or entity providing electronic communication service to the public may divulge the contents of any such communication:
(1) as otherwise authorized by this chapter;
(2) with the lawful consent of the originator or any addressee or intended recipient of the communication;
(3) to a person employed or authorized, or whose facilities are used, to forward the communication to its destination; or
(4) which were inadvertently obtained by the service provider and which appeared to pertain to the commission of a crime, if the divulgence is made to a law enforcement agency.
Section 17-30-45. It is not unlawful under this chapter to use a pen register or a trap and trace device as authorized under South Carolina law or under federal law.
Section 17-30-50. (A) Except as provided in subsection (B), whoever violates the provisions of Sections 17-30-20 through 17-30-45, upon conviction, must be imprisoned not more than five years or fined not more than five thousand dollars, or both.
(B) If the offense is a first offense under this chapter and is not for any tortuous or illegal purpose or for purposes of direct or indirect commercial advantage or private commercial gain, and the wire or electronic communication with respect to which the offense under this chapter was committed is a radio communication that is not scrambled, encrypted, or transmitted using modulation techniques the essential parameters of which have been withheld from the public with the intention of preserving the privacy of the communication, then:
(1) if the communication is not the radio portion of a cellular telephone communication, a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit, a public land mobile radio service communication, or a paging service communication, and the conduct is not that described in Section 17-30-35(7), the person committing the offense is guilty of a misdemeanor, and upon conviction, must be imprisoned not more than one year or fined not more than one thousand dollars, or both;
(2) if the communication is the radio portion of a cellular telephone communication, a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit, a public land mobile radio service communication, or a paging service communication, the person committing the offense, upon conviction, is guilty of a misdemeanor, and must be fined not more than one thousand dollars for each violation.
Section 17-30-55. (A) Except as otherwise specifically provided in this chapter, any person is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both, who intentionally:
(1) sends through the mail or otherwise sends or carries any electronic, mechanical, or other device, knowing or having reason to know that the design of the device renders it primarily useful for the purpose of the illegal interception of wire, oral, or electronic communications as specifically defined by this chapter; or
(2) manufactures, assembles, possesses, or sells any electronic, mechanical, or other device, knowing or having reason to know that the design of the device renders it primarily useful for the purpose of the illegal interception of wire, oral, or electronic communications as specifically defined by this chapter.
(B) It is not unlawful under this section for the persons listed in items (1) and (2) of this subsection to send through the mail, send or carry in intrastate, interstate, or foreign commerce; or manufacture, assemble, possess, or sell any electronic, mechanical, or other device, knowing or having reason to know that the design of the device renders it primarily useful for the purpose of the surreptitious interception of wire, oral, or electronic communications.
The persons to whom this subsection applies are:
(1) a provider of wire or electronic communication service or an officer, agent, or employee of, or a person under contract with, such a provider, in the normal course of the business of providing that wire or electronic communication service; or
(2) an officer, agent, or employee of, or a person under contract with, bidding upon contracts with, or in the course of doing business with, the United States, a state, or a political subdivision of the State, in the normal course of the activities of the United States, a state, or a political subdivision of the State.
Section 17-30-60. Any electronic, mechanical, or other device used, sent, carried, manufactured, assembled, possessed, or sold in violation of this chapter may be seized and forfeited to the State.
Section 17-30-65. Whenever any wire, oral, or electronic communication has been intercepted, no part of the contents of the communication and no evidence derived therefrom may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the State, or a political subdivision thereof, if the disclosure of that information would be in violation of this chapter. The prohibition of use as evidence provided in this section does not apply in cases of prosecution for criminal interception in violation of the provisions of this chapter.
Section 17-30-70. (A) The Attorney General or solicitor may authorize an application to a judge of competent jurisdiction for, and the judge may grant in conformity with this chapter, an order authorizing or approving the interception of wire, oral, or electronic communications by:
(1) the South Carolina Law Enforcement Division for the investigation of the offense as to which the application is made when the interception may provide or has provided evidence of the commission of the offenses of murder (Section 16-3-10); criminal sexual conduct in the first and second degree (Sections 16-3-652 and 16-3-653); criminal sexual conduct with minors, first and second degree (Section 16-3-655); assault with intent to commit criminal sexual conduct, first and second degree (Section 16-3-656); assault and battery with intent to kill (Section 16-3-620); kidnapping (Section 16-3-910); voluntary manslaughter (Section 16-3-50); armed robbery (Section 16-11-330(A)); attempted armed robbery (Section 16-11-330(B)); carjacking (Section 16-3-1075); drug trafficking as defined in Sections 44-53-370(e) and 44-53-375(C); arson in the first degree (Section 16-11-110(A)); arson in the second degree (Section 16-11-110 (B)); burglary in the first degree (Section 16-11-311); burglary in the second degree (Section 16-11-312 (B)); engaging a child for a sexual performance (Section 16-3-810); homicide by child abuse (Section 16-3-85(A)(1)); aiding and abetting homicide by child abuse (Section 16-3-85(A)(2)); inflicting great bodily injury upon a child (Section 16-3-95(A)); allowing great bodily injury to be inflicted upon a child (Section 16-3-95(B)); accessory before the fact to commit any of the above offenses (Section 16-1-40); attempt to commit any of the above offenses (Section 16-1-80); and taking of a hostage by an inmate (Section 24-13-450);or evidence of any conspiracy or solicitation to commit any violation of the laws of this State relating to the offenses specified in this subsection;
(2) the South Carolina Law Enforcement Division for the investigation of the offense as to which the application is made when the interception may provide or has provided evidence of the commission of any offense related to terrorism or the commission of a terroristic act as provided for in Article 8, Chapter 23, Title 16, any offense related to bombs, destructive devices, bacteriological and biological weapons, and weapons of mass destruction as provided for in Article 7, Chapter 23, Title 16, or evidence of any conspiracy or solicitation to commit any crime specifically enumerated in this subsection; or
(3) investigative or law enforcement officers of local law enforcement agencies, government personnel, or by an individual operating under a contract with the government for the investigation of an offense listed in subsection (1) or (2). Any interception conducted under this chapter by persons authorized by this subsection must conduct the interception under the direct supervision of an agent or officer of the South Carolina Law Enforcement Division.
(B) Any person authorized to intercept wire, oral, or electronic communications pursuant to this section must have completed training provided by SLED pursuant to Section 17-30-145.
Section 17-30-75. (A) Any SLED agent, investigative or law enforcement officer who, by any means authorized by this chapter, has obtained knowledge of the contents of any wire, oral, or electronic communication or evidence derived from it may disclose the contents to an attorney authorized by law to investigate and institute any action on behalf of the State of South Carolina or political subdivision of the State, or to another SLED agent, investigative or law enforcement officer to the extent that the disclosure is appropriate to the proper performance of the official duties of the officer or person making or receiving the disclosure.
(B) Any SLED agent, investigative or law enforcement officer who, by any means authorized by this chapter, has obtained knowledge of the contents of any wire, oral, or electronic communication or evidence derived from it may use the contents to the extent the use is appropriate to the proper performance of his official duties.
(C) Any person who has received, by any means authorized by this chapter, or by the laws of any other state or the United States, any information concerning a wire, oral, or electronic communication or evidence derived from it, intercepted in accordance with the provisions of this chapter, may disclose the contents of that communication or the derivative evidence while giving testimony under oath or affirmation in any criminal proceeding in any court of the State or of the United States or in any grand jury proceedings.
(D) No otherwise privileged wire, oral, or electronic communication intercepted in accordance with, or in violation of, the provisions of this chapter shall lose its privileged character.
(E) When a SLED agent, an investigative or law enforcement officer, while engaged in intercepting wire, oral, or electronic communications in the manner authorized by this chapter, intercepts wire, oral, or electronic communications relating to offenses other than those specified in the order of authorization or approval, the contents thereof and evidence derived from it may be disclosed or used as provided in subsections (A) and (B). The contents and any evidence derived from it may be used under subsection (C) when authorized or approved by a judge of competent jurisdiction when the judge finds on subsequent application that the contents were otherwise intercepted in accordance with the provisions of this chapter. The application must be made as soon as practicable.
Section 17-30-80. (A) Each application for an order authorizing or approving the interception of a wire, oral, or electronic communication under this chapter must be made in writing upon oath or affirmation to a judge of competent jurisdiction and shall state the applicant's authority to make the application. Each application shall include the following information:
(1) the identity of the sled agent, investigative or law enforcement officer making the application and the person authorizing the application;
(2) a full and complete statement of the facts and circumstances relied upon by the applicant to justify his belief that an order should be issued, including:
(a) details as to the particular offense that has been, is being, or is about to be committed;
(b) except as otherwise provided, a particular description of the nature and location of the facilities from which, or the place where, the communications are to be intercepted;
(c) a particular description of the type of communications sought to be intercepted;
(d) the identity of the person, if known, committing the offense and whose communications are to be intercepted;
(3) a full and complete statement as to whether or not other investigative procedures have been tried and failed or why they reasonably appear to be unlikely to succeed if tried or to be too dangerous;
(4) a statement of the period of time for which the interception is required to be maintained and, if the nature of the investigation is such that the authorization for interception should not automatically terminate when the described type of communication has been first obtained, a particular description of facts establishing probable cause to believe that additional communications of the same type will occur thereafter;
(5) a full and complete statement of the facts concerning all previous applications known to the individual authorizing and making the application, made to a judge for authorization to intercept, or for approval of interceptions of, wire, oral, or electronic communications involving any of the same persons, facilities, or places specified in the application, and the action taken by the judge on each of the applications; and
(6) when the application is for the extension of an order, a statement setting forth the results thus far obtained from the interception or a reasonable explanation of the failure to obtain the results.
(B) The judge may require the applicant to furnish additional testimony or documentary evidence in support of the application. Any hearing ordered by the judge regarding the application must be tape recorded.
(C) Upon application, the judge may enter an ex parte order, as requested or as modified, authorizing, or approving interception of wire, oral, or electronic communications within the territorial jurisdiction of the court in which the judge is sitting, and outside the jurisdiction but within the State of South Carolina in the case of a mobile interception device authorized by the judge within the jurisdiction, if the judge determines on the basis of the facts submitted by the applicant that:
(1) there is probable cause for belief that an individual is committing, has committed, or is about to commit an offense as provided in Section 17-30-70;
(2) there is probable cause for belief that particular communications concerning that offense will be obtained through the interception;
(3) normal investigative procedures have been tried and have failed or reasonably appear to be unlikely to succeed if tried or to be too dangerous; and
(4) Except as otherwise provided, there is probable cause for belief that the facilities from which, or the place where, the wire, oral, or electronic communications are to be intercepted are being used, or are about to be used, in connection with the commission of the offense, or are leased to, listed in the name of, or commonly used by that person.
Section 17-30-85. Each order authorizing or approving the interception of any wire, oral, or electronic communication shall specify:
(1) the identity of the person, if known, whose communications are to be intercepted;
(2) the nature and location of the communications facilities as to which, or the place where, authority to intercept is granted;
(3) a particular description of the type of communication sought to be intercepted and a statement of the particular offense to which it relates;
(4) the identity of the agency authorized to intercept the communications and of the person authorizing the application;
(5) the period of time during which the interception is authorized, including a statement as to whether or not the interception shall automatically terminate when the described communication has been first obtained. An order authorizing the interception of a wire, oral, or electronic communication, upon the request of the applicant, shall direct that a provider of wire or electronic communication service, landlord, custodian, or other person shall furnish the applicant at once all information, facilities, and technical assistance necessary to accomplish the interception unobtrusively and with a minimum of interference with the services that the service provider, landlord, custodian, or person is according the person whose communications are to be intercepted. The obligation of a provider of wire, oral, or electronic communication service under such an order may include, but is not limited to, conducting an in-progress trace during an interception, or providing other assistance to support the investigation as may be specified in the order.
Section 17-30-90. (A) No order entered may authorize or approve the interception of any wire, oral, or electronic communication for any period longer than is necessary to achieve the objective of the authorization or in any event longer than thirty days. The thirty-day period begins on the day on which the agent or officer of the law enforcement agency first begins to conduct an interception under the order or ten days after the order is entered, whichever occurs earlier. Extensions of an order may be granted but only upon application for an extension made in accordance with Section 17-30-80(A) and upon the court making the findings required by Section 17-30-80(C). The period of extension must be no longer than the authorizing judge deems necessary to achieve the purposes for which it was granted and in no event for longer than thirty days. Every order and extension of the order shall contain a provision that the authorization to intercept must be executed as soon as practicable, must be conducted in such a way as to minimize the interception of communications not otherwise subject to interception under this chapter, and shall terminate upon attainment of the authorized objective or in any event in thirty days. If the intercepted communication is in code or foreign language and an expert in that foreign language or code is not reasonably available during the interception period, minimization may be accomplished as soon as practicable after the interception. An interception under this chapter may be conducted, under the direct supervision of an agent or officer of the South Carolina Law Enforcement Division, by an investigative or law enforcement officer, by government personnel, or by an individual operating under a contract with the government.
(B) Whenever an order authorizing interception is entered pursuant to this chapter, the order must require reports to be made to the judge who issued the order showing what progress has been made toward achievement of the authorized objective and the need for continued interception. The reports must be made at such intervals as the judge may require.
Section 17-30-95. (A) Notwithstanding any other provision of this chapter, any agent of the South Carolina Law Enforcement Division specifically designated by the Attorney General, his designee, or the solicitor, or his designee, may intercept the wire, oral, or electronic communication if an application for an order approving the interception is made within forty-eight hours after the interception begins to occur, and he determines that more likely than not:
(1) an emergency exists that involves an offense provided for in Section 17-30-70 and an immediate danger of death or serious physical injury to any person or the danger of escape of a prisoner; and requires that a wire, oral, or electronic communication be intercepted before an order authorizing the interception can, with due diligence, be obtained; and
(2) there are grounds upon which an order could be entered under this chapter to authorize the interception.
(B) In the absence of an order, the interception shall immediately terminate when the communication sought is obtained or when the application for the order is denied, whichever is earlier. If the application for approval is denied, or in any other case in which the interception is terminated without an order having been issued, the contents of any wire, oral, or electronic communication intercepted shall be treated as having been obtained in violation of Section 17-30-20, and an inventory must be served as provided for in Section 17-30-100(E) on the person named in the application.
(C) Agents of the South Carolina Law Enforcement Division designated to intercept wire, oral, or electronic communications pursuant to this section must have completed training provided by SLED pursuant to Section 17-30-145.
(D) The judge of competent jurisdiction sitting in the territorial jurisdiction where the wire, oral, or electronic communication will be intercepted must be notified orally of the intent to begin the interception of any wire, oral, or electronic communication when an emergency exists pursuant to the provisions of this section before any interception is conducted. The judge must make a written record of this notification.
Section 17-30-100. (A) The contents of any wire, oral, or electronic communication intercepted by any means authorized by this chapter, if possible, must be recorded on tape or wire or other comparable device. The recording of the contents of any wire, oral, or electronic communication under this subsection must be kept in such a way as will protect the recording from editing or other alterations. Immediately upon the expiration of the period of the order, or extensions of the order, the recordings must be made available to the judge issuing the order and sealed under his directions. Custody of the recordings must be wherever the judge orders. They must not be destroyed except upon an order of the issuing or denying judge, or that judge's successor in office, and in any event must be kept for ten years. Duplicate recordings may be made for use or disclosure.
(B) The presence of the seal provided for by this section, or a satisfactory explanation for the absence thereof, must be a prerequisite for the use or disclosure of the contents of any wire, oral, or electronic communication or evidence derived therefrom as required by federal law.
(C) Applications made and orders granted under this chapter must be sealed by the judge. Custody of the applications and orders must be wherever the judge directs. As required by federal law, the applications and orders must be disclosed only upon a showing of good cause before a judge of competent jurisdiction and may not be destroyed except on order of the issuing or denying judge, or that judge's successor in office, and in any event must be kept for ten years.
(D) Any violation of the provisions of this section may be punished as contempt of the issuing or denying judge.
(E) Within a reasonable time but not later than ninety days after the termination of the period of an order or extensions of the order, the issuing or denying judge shall cause to be served on the persons named in the order or the application, and those other parties to intercepted communications as the judge may determine in his discretion to be in the interest of justice, an inventory which shall include notice of the:
(1) fact of the entry of the order or the application;
(2) date of the entry and the period of authorized, approved, or disapproved interception, or the denial of the application;
(3) the fact that during the period wire, oral, or electronic communications were or were not intercepted.
The judge, upon the filing of a motion, must make available to the person or the person's counsel for inspection the portions of the intercepted communications, applications, testimony, recordings, and orders. On an ex parte showing of good cause to a judge of competent jurisdiction, the serving of the inventory required by this paragraph may be postponed.
Section 17-30-105. As required by federal law, the contents of any intercepted wire, oral, or electronic communication or evidence derived therefrom shall not be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding unless each party, not less than ten days before the hearing, or proceeding and not less than thirty days prior to trial, has been furnished with a copy of the court order and accompanying application under which the interception was authorized or approved. These time periods may be waived by the judge if he finds that it was not possible to furnish the party with the above information within the specified time periods before the trial, hearing, or proceeding and that the party will not be prejudiced by the delay in receiving the information.
Section 17-30-110. (A) Any aggrieved person in any trial, hearing, or proceeding in or before any court, department, officer, agency, regulatory body, or other authority may move to suppress the contents of any intercepted wire, oral, or electronic communication, or evidence derived therefrom, on the grounds that the:
(1) communication was unlawfully intercepted;
(2) order of authorization or approval under which it was intercepted is insufficient on its face; or
(3) interception was not made in conformity with the order of authorization or approval.
The motion must be made before the trial, hearing, or proceeding unless there was no opportunity to make the motion or the person was not aware of the grounds of the motion. If the motion is granted, the contents of the intercepted wire or oral communication, or evidence derived therefrom, must be treated as having been obtained in violation of this chapter. The judge, upon the filing of the motion by the aggrieved person, may make available to the aggrieved person or his counsel for inspection the portions of the intercepted communication or evidence derived therefrom as the judge determines to be in the interest of justice.
(B) In addition to any other right to appeal, the State shall have the right to appeal from an order granting a motion to suppress made under subsection (A) or the denial of an application for an order of approval if the attorney shall certify to the judge or other official granting the motion or denying the application that the appeal is not taken for purposes of delay. The appeal must be taken within thirty days after the date the order was entered and must be diligently prosecuted.
(C) The remedies and sanctions described in this chapter with respect to the interception of electronic communications are the only judicial remedies and sanctions for violations of those sections involving the communications.
Section 17-30-115. The requirements relating to the specification of the facilities from which, or the place where, the communication is to be intercepted do not apply if:
(1) in the case of an application with respect to the interception of an oral communication the:
(a) application is by an agent or officer of a law enforcement agency and is approved by the Attorney General or the solicitor;
(b) application contains a full and complete statement as to why the specification is not practical and identifies the person committing the offense and whose communications are to be intercepted; and
(c) judge finds that the specification is not practical; and
(2) in the case of an application with respect to a wire or electronic communication the:
(a) application is by a SLED agent, investigative or law enforcement officer and is approved by the Attorney General or the solicitor;
(b) application identifies the person believed to be committing the offense and whose communications are to be intercepted and the applicant makes a showing that there is probable cause to believe that the person's actions could have the effect of thwarting interception from a specified facility ;
(c) judge finds that such showing has been adequately made; and
(d) order authorizing or approving the interception is limited to interception only for such time as it is reasonable to presume that the person identified in the application is or was reasonably proximate to the instrument through which the communication will be or was transmitted.
Section 17-30-120. If an interception of a communication is to be carried out pursuant to Section 17-30-115, the interception may not begin until the facilities from which, or the place where, the communication is to be intercepted is ascertained by the person implementing the interception order. A provider of wire or electronic communications service that has received an order as provided under Section 17-30-115 may petition the court to modify or quash the order on the ground that the interception cannot be performed in a timely or reasonable fashion. The court, upon notice to the state, shall decide such a petition expeditiously.
Section 17-30-125. (A) The supervising law enforcement officer at the scene of an incident where there is reasonable cause to believe:
(1) involves immediate danger of death or serious physical injury to any person or the danger of escape of a prisoner;
(2) that a person is holding one or more hostages;
(3) that there is the probability that a subject about to be arrested will resist with the use of weapons; or
(4) that a person has barricaded himself and is armed and is threatening suicide;
may order law enforcement or telephone company personnel to cut, reroute, or divert telephone lines soley for the purpose of preventing telephone communications between the suspect and any person other than a law enforcement officer or the law enforcement officer's designee, if the cutting, rerouting, or diverting of telephone lines is technically feasible and can be performed without endangering the lives of telephone company or other utility personnel. An agent of the South Carolina Law Enforcement Division may intercept telephone lines pursuant to Section 17-30-95 solely for the purpose of preventing telephone communications between the suspect and any person other than a law enforcement officer or the law enforcement officer's designee.
(B) The good faith reliance by a telephone company on an oral or written order to cut, reroute, divert, or intercept telephone lines given by a supervising law enforcement officer under subsection (A) constitutes a complete defense to any civil, criminal, or administrative action arising out of the order.
Section 17-30-130. Any intercepted wire, oral, or electronic communication must be reported to the Administrative Office of the United States Courts as outlined in 18 U.S.C. Section 2519.
Section 17-30-135. (A) Any person whose wire, oral, or electronic communication is intercepted, disclosed, or used in violation of this chapter shall have a civil cause of action against any person or entity who intercepts, discloses, or uses, or procures any other person or entity to intercept, disclose, or use, the communications and must be entitled to recover from the person or entity which engaged in that violation such relief as may be appropriate, including:
(1) preliminary or equitable or declaratory relief as may be appropriate;
(2) actual damages, but not less than liquidated damages computed at the rate of five hundred dollars a day for each day of violation or twenty-five thousand dollars, whichever is greater;
(3) punitive damages; and
(4) a reasonable attorney's fee and other litigation costs reasonably incurred.
(B) A good faith reliance on a court order, subpoena, or a request of an agent of the South Carolina Law Enforcement Division under Section 17-30-95 shall constitute a complete defense to any civil or criminal or administrative action arising out of the conduct under the laws of this state.
(C) A civil action under this section may not be commenced later than two years after the date upon which the claimant first has a reasonable opportunity to discover the violation.
(D) Any person whose wire, oral, or electronic communication is intercepted, disclosed, or used in violation of this chapter shall be entitled to a jury trial.
Section 17-30-140. (A) The Attorney General or Solicitor may make application to a judge of competent jurisdiction for an order authorizing or approving the installation and use of a mobile tracking device by the South Carolina Law Enforcement Division.
(B) An application under subsection (A) of this section shall include:
(1) a statement of the identity of the applicant;
(2) a certification by the applicant that probable cause exists to believe that the information likely to be obtained is relevant to an ongoing criminal investigation being conducted by the South Carolina Law Enforcement Division which may provide evidence relating to any offense provided for in Section 17-30-70, or any evidence of any conspiracy or solicitation to commit any violation of the laws of this state relating to the crimes specifically enumerated in Section 17-30-70.
(3) a statement of the offense to which the information likely to be obtained relates;
(4) a statement whether it may be necessary to use and monitor the mobile tracking device outside the jurisdiction of the court from which the authorization is being sought.
(C) Upon application made as provided under subsection (B), the court, if it finds that the certification and statements required by subsection (B) have been made in the application and probable cause exists, shall enter an ex parte order authorizing the installation and use of a mobile tracking device. The order may authorize the use of the device within the jurisdiction of the court and outside that jurisdiction but within the State of South Carolina if the device is installed within the jurisdiction of the court.
(D) A court may require greater specificity or additional information beyond that which is required by this section as a requisite for issuing an order.
(E) The standards established by the United States Supreme Court for the installation and monitoring of mobile tracking devices shall apply to the installation and use of any device as authorized by this section.
(F) As used in this section, a 'tracking device' means an electronic or mechanical device which permits the tracking of the movement of a person or object.
Section 17-30-145. Any SLED agent, investigative or law enforcement officer, government personnel, or an individual operating under a contract with the government authorized under the provisions of this chapter to intercept wire, oral, or electronic communications must undergo training by SLED in conducting such surveillance with emphasis on techniques for minimizing the interception of communications that fall outside of the communications subject to interception pursuant to the provisions of this chapter."
SECTION 3. Chapter 23, Title 16 of the 1976 Code is amended by adding:
Section 16-23-800. (A) For purposes of this section:
(1) 'Material support or resources' means currency or other financial securities, financial services, fundraising, lodging, training, safe houses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, and other physical assets, except medicine or religious materials.
(2) 'Anti-terrorist law' means:
(a) Section 32, 37, 81, 175, 351, 831, 842(m) or (n), 844(f) or (i), 930(c), 956, 1114, 1116, 1203, 1361, 1362, 1363, 1366, 1751, 1992, 2155, 2156, 2280, 2281, 2331, 2332, 2332a, 2332b, 2332c, or 2340A of Title 18 of the United States Code in force on the effective date of this section;
(b) Section 46502 of Title 49 of U.S.C., in force on the effective date of this section; and
(c) a law of this State relating to the prevention, suppression, and punishment of terrorists or terrorists activities.
(3) 'Terrorist organization' means an organization designated as a terrorist organization under Section 219 of the Immigration and Nationality Act.
(B) It is unlawful for a person to provide material support or resources or to conceal or disguise the nature, location, source, or ownership of material support or resources, knowing or intending that they are to be used:
(1) in preparation for, or in carrying out, a violation of an anti-terrorist law;
(2) in preparation for, or in carrying out, the concealment or an escape from the commission of a violation of an anti-terrorist law;
(3) in support of a foreign terrorist organization or a member of a foreign terrorist organization, and which is known by the person to be a foreign terrorist organization or a member of a foreign terrorist organization; or
(4) in support of a person who aids, abets, or supports a foreign terrorist organization and which is known by both persons that such support is to be used in support of a foreign terrorist organization which is known to be a foreign terrorist organization by both persons.
(C) A person who violates this section is guilty of a felony and, upon conviction, must be fined not less than ten thousand dollars nor more than one hundred thousand dollars, or imprisoned not more than ten years, or both.
Section 16-23-810 (A) All property, real or personal, knowingly used or intended for use in a violation of this section, all material support or resources and proceeds derived from, realized from or traced back to the property used or intended for use in violation of Section 16-23-800 is contraband and subject to forfeiture.
(B) Any property subject to forfeiture under Section 16-23-800 may be seized by the department having authority upon warrant issued by any court having jurisdiction over the property. Seizure without process may be made if:
(1) the seizure is incident to an arrest or a search under a search warrant or an inspection under an administrative inspection warrant;
(2) the property subject to seizure has been the subject of a prior judgment in favor of the State in a criminal injunction or forfeiture proceeding based upon Section 16-23-800;
(3) the department has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or
(4) the department has probable cause to believe that the property was used or is intended to be used in violation of Section 16-23-800.
(C) In the event of seizure pursuant to subsection (B), proceedings under Section 16-23-820 regarding forfeiture and disposition must be instituted within a reasonable time.
(D) Any property taken or detained under this section is not subject to replevin but is considered to be in the custody of the department making the seizure subject only to the orders of the court having jurisdiction over the forfeiture proceedings. Property described in Section 16-23-810(A) is forfeited and transferred to the government at the moment of illegal use. Seizure and forfeiture proceedings confirm the transfer.
(E) For the purposes of this section, whenever the seizure of any property subject to seizure is accomplished as a result of a joint effort by more than one law enforcement agency, the law enforcement agency initiating the investigation is considered to be the agency making the seizure.
(F) Law enforcement agencies seizing property under this section shall take reasonable steps to maintain the property. Equipment and conveyances seized must be removed to an appropriate place for storage. Any monies seized must be deposited in an interest bearing account pending final disposition by the court unless the seizing agency determines the monies to be of an evidential nature and provides for security in another manner.
(G) When property and monies of any value as defined in this section or anything else of any value is seized, the law enforcement agency making the seizure, within ten days or a reasonable period of time after the seizure, shall submit a report to the appropriate prosecuting agency.
(1) the report shall provide the following information with respect to the property seized:
(a) description;
(b) circumstances of seizure;
(c) present custodian and where the property is being stored or its location;
(d) name of owner;
(e) name of lienholder, if any;
(f) seizing agency; and
(2) if the property is a conveyance, the report shall include the:
(a) make, model, serial number, and year of the conveyance;
(b) person in whose name the conveyance is registered; and
(c) name of any lienholders.
(3) In addition to the report provided for in items (1) and (2), the law enforcement agency shall prepare for dissemination to the public upon request a report providing the following information:
(a) a description of the quantity and nature of the property and money seized;
(b) the seizing agency;
(c) the make, model, and year of a conveyance; and
(d) the law enforcement agency responsible for the property or conveyance seized.
(H) Property or conveyances seized by a law enforcement agency or department must not be used by officers for personal purposes.
Section 16-23-820. (A) Forfeiture of property defined in Section 16-23-810 must be accomplished by petition of the Attorney General or his designee or the circuit solicitor or his designee to the court of common pleas for the jurisdiction where the items were seized. The petition must be submitted to the court within a reasonable time period following seizure and shall set forth the facts upon which the seizure was made. The petition shall describe the property and include the names of all owners of record and lienholders of record. The petition shall identify any other persons known to the petitioner to have interests in the property. Petitions for the forfeiture of conveyances shall also include: the make, model, and year of the conveyance, the person in whose name the conveyance is registered, and the person who holds the title to the conveyance. A copy of the petition must be sent to each law enforcement agency which has notified the petitioner of its involvement in effecting the seizure. Notice of hearing or rule to show cause must be directed to all persons with interests in the property listed in the petition, including law enforcement agencies which have notified the petitioner of their involvement in effecting the seizure. Owners of record and lienholders of record may be served by certified mail, to the last known address as appears in the records of the governmental agency which records the title or lien.
The judge shall determine whether the property is subject to forfeiture and order the forfeiture confirmed. If the judge finds a forfeiture, he shall then determine the lienholder's interest as provided in Section 16-23-830.
If there is a dispute as to the division of the proceeds of forfeited property among participating law enforcement agencies, this issue must be determined by the judge. The proceeds from a sale of property, conveyances, and equipment must be disposed of pursuant to subsection (E) of this section.
All property, conveyances, and equipment which will not be reduced to proceeds may be transferred to the law enforcement agency or agencies or to the prosecuting agency. Upon agreement of the law enforcement agency or agencies and the prosecuting agency, conveyances and equipment may be transferred to any other appropriate agency. Property transferred must not be used to supplant operating funds within the current or future budgets. If the property seized and forfeited is an aircraft or watercraft and is transferred to a state law enforcement agency or other state agency pursuant to the provisions of this subsection, its use and retainage by that agency shall be at the discretion and approval of the Budget and Control Board.
(B) If the property is seized by a state law enforcement agency and is not transferred by the court to the seizing agency, the judge shall order it transferred to the Division of General Services for sale. Proceeds may be used by the division for payment of all proper expenses of the proceedings for the forfeiture and sale of the property, including the expenses of seizure, maintenance, and custody, and other costs incurred by the implementation of this section. The net proceeds from any sale must be remitted to the State Treasurer as provided in subsection (G) of this section. The Division of General Services may authorize payment of like expenses in cases where monies, negotiable instruments, or securities are seized and forfeited.
(C) If the property is seized by a local law enforcement agency and is not transferred by the court to the agency, the judge shall order it sold at public auction by the seizing agency as provided by law. Notwithstanding any other provision of the law, proceeds from the sale may be used by the agency for payment of all proper expenses of the proceeding for the forfeiture and sale of the property, including the expenses of the seizure, maintenance, and custody and other costs incurred by the implementation of this section. The net proceeds from the sale must be disposed of as provided by this section.
(D) Any forfeiture may be effected by consent order approved by the court without filing or serving pleadings or notices provided that all owners and other persons with interests in the property, including participating law enforcement agencies, entitled to notice under this section, except lienholders and agencies, consent to the forfeiture. Disposition of the property may be accomplished by consent of the petitioner and those agencies involved. Persons entitled to notice under this section may consent to some issues and have the judge determine the remaining issues.
All proceeds of property and cash forfeited by consent order must be disposed of as provided in subsection (E) of this section.
(E) All real or personal property, when reduced to proceeds, any cash more than one thousand dollars, any negotiable instruments, and any securities which are seized and forfeited must be disposed of as follows:
(1) seventy-five percent to the law enforcement agency or agencies;
(2) twenty percent to the prosecuting agency; and
(3) five percent must be remitted to the State Treasurer and deposited to the credit of the general fund of the State.
(F) The first one thousand dollars of any cash seized and forfeited pursuant to this article remains with and is the property of the law enforcement agency which effected the seizure unless otherwise agreed to by the law enforcement agency and prosecuting agency.
(G) All forfeited monies and proceeds from the sale of forfeited property as defined in Section 16-23-810 must be retained by the governing body of the local law enforcement agency or prosecution agency and deposited in a separate, special account in the name of each appropriate agency. These accounts may be drawn on and used only by the law enforcement agency or prosecuting agency for which the account was established.
These accounts must not be used to supplant operating funds in the current or future budgets. Expenditures from these accounts for an item that would be a recurring expense must be approved by the governing body before purchase or, in the case of a state law enforcement agency or prosecuting agency, approved as provided by law.
In the case of a state law enforcement agency or state prosecuting agency, monies and proceeds must be remitted to the State Treasurer who shall establish separate, special accounts as provided in this section for local agencies.
All expenditures from these accounts must be documented, and the documentation made available for audit purposes and upon request by a person under the provisions of Chapter 4 of Title 30, the Freedom of Information Act.
(H) The use of all property forfeited pursuant to Section 16-23-810 and retained by the law enforcement agency must be documented and the documentation available upon request by a person subject to the provisions of Chapter 4 of Title 30.
(I) An expenditure from these accounts must be made in accordance with the established procurement procedures of the jurisdiction where the account is established.
(J) A law enforcement agency may draw from the account an amount necessary to maintain a confidential financial account to be used in the purchase of information or evidence relating to an investigation, to purchase services, or to provide compensation in matters which are confidential and in support of law enforcement activity. The disbursement of funds from the confidential financial account must be made in accordance with procedures approved by the South Carolina Law Enforcement Division. All records of disbursement must be maintained and made available for audit purposes as provided in this section.
All expenditures from these accounts must be fully documented and audited annually with the general fund of the appropriate jurisdiction.
(K) In all cases where the criminal offense giving rise to the forfeiture of property described in Section 16-23-810 is prosecuted in a state court, the forfeiture proceeding must be accomplished in the court of common pleas for the jurisdiction where the items were seized.
Section 16-23-830 (A) An innocent owner or a manager or owner of a licensed rental agency or a common carrier or carrier of goods for hire may apply to the court of common pleas for the return of any item seized under the provisions of Section 16-23-810. Notice of hearing or rule to show cause accompanied by copy of the application must be directed to all persons and agencies entitled to notice under Section 16-23-820. If the judge denies the application, the hearing may proceed as a forfeiture hearing held pursuant to Section 16-23-820.
(B) The court may return any seized item to the owner if the owner demonstrates to the court by a preponderance of the evidence:
(1) in the case of an innocent owner, that the person or entity was not a consenting party to, or privy to, or did not have knowledge of, the use of the property which made it subject to seizure and forfeiture;
(2) in the case of a manager or an owner of a licensed rental agency, a common carrier, or a carrier of goods for hire, that an agent, servant, or employee of the rental agency or of the common carrier or carrier of goods for hire was not a party to, or privy to, or did not have knowledge of, the use of the property which made it subject to seizure and forfeiture.
If the licensed rental agency demonstrates to the court that it has rented the seized property in the ordinary course of its business and that the tenant or tenants were not related within the third degree of kinship to the manager or owner, or any agents, servants, or employees of the rental agency, then it is presumed that the licensed rental agency was not a party to, or privy to, or did not have knowledge of, the use of the property which made it subject to seizure and forfeiture.
(C) The lien of any innocent person or other legal entity, recorded in public records, shall continue in force upon transfer of title of any forfeited item, and any transfer of title is subject to the lien, if the lienholder demonstrates to the court by a preponderance of the evidence that he was not a consenting party to, or privy to, or did not have knowledge of, the involvement of the property which made it subject to seizure and forfeiture.
Section 16-23-840. (A) It is unlawful for a terrorist organization as defined by Section 16-23-800(A)(3) or a person, in furtherance of terrorism or international terrorism as defined in Section 16-23-780(A)(3) and (4), to knowingly damage, disrupt, destroy or otherwise interfere or attempt to interfere with a component of public infrastructure including, but not limited to, dams, bridges, highways, railways, power lines, power facilities or distribution networks, natural gas storage facilities, distribution facilities, or pipelines, petroleum or petroleum distillate storage facilities, distribution facilities, or pipelines, reservoirs, seaports and associated facilities, communications systems and resources, and nuclear facilities, or any facility affecting interstate or intrastate commerce, by:
(1) placing or causing to be placed any weapon of mass destruction, destructive device, bacteriological or biological weapon or incendiary device in, upon, or near a component of public infrastructure;
(2) intentionally setting fire to, damaging, or otherwise disabling a component of public infrastructure;
(3) removing appurtenances from, damaging or otherwise impairing the operation of a component of public infrastructure;
(4) interfering with, disabling, or incapacitating any person, or operator while they are employed in operating or maintaining a component of public infrastructure with the intent to endanger the safety of any person or operator of a component of public infrastructure with reckless disregard for the safety of human life; or
(5) committing an act including the use of a dangerous weapon with the intent to cause death or serious bodily injury to any person, or operator while they are employed in operating or maintaining a component of public infrastructure or any other person while making use of this component of infrastructure.
(B) A person who violates this section is guilty of a felony and, upon conviction, must be imprisoned not more than thirty years or for life without parole.
Section 16-23-850. (A) As used in this section 'conveyance' means the operation of any 'for hire' or 'not for hire' mass or public transportation that transports individuals or groups of individuals to include vehicles, water vessels, aircraft, trains, buses, or any other mode of mass or public transportation.
(B) A person commits the offense of interference with a conveyance when he:
(1) intentionally and knowingly interferes with the operation of the conveyance or the operator or dispatcher of the conveyance and lessens the ability of the operator or dispatcher to provide transportation to individuals or groups of individuals with the intent to cause bodily injury to the operator, dispatcher, or passenger of a conveyance; or
(2) knowingly and wilfully delivers or conveys a letter, paper, writing, print, missive, document, electronic or verbal communication, or exhibits conduct which threatens to take the life of or to inflict bodily harm upon the operator, dispatcher or a passenger of a conveyance with the intent to interfere with the conveyance.
(C) A person who violates this section is guilty of a felony and, upon conviction, must be imprisoned for not more than ten years."
SECTION 4. Section 16-3-20(C)(a)(1) of the 1976 Code, as last amended by Act 317 of 1996, is further amended to read:
"(1) The murder was committed while in the commission of the following crimes or acts:
(a) criminal sexual conduct in any degree;
(b) kidnapping;
(c) burglary in any degree;
(d) robbery while armed with a deadly weapon;
(e) larceny with use of a deadly weapon;
(f) killing by poison;
(g) drug trafficking as defined in Section 44-53-370(e), 44-53-375(B), 44-53-440, or 44-53-445;
(h) physical torture; or
(i) dismemberment of a person.; or
(j) violations of an anti-terrorism law as defined in Section 16-23-800(A)(2), any offense related to terrorism or the commission of a terrorist act as provided for in Article 8, Chapter 23, Title 16, any offense related to bombs, destructive devices, bacteriological and biological weapons, and weapons of mass destruction as provided for in Article 7, Chapter 23, Title 16."
SECTION 5. Article 7, Chapter 23, Title 16 of the 1976 Code, as last amended by Act 237 of 2000, is further amended to read:
Section 16-23-710. For purposes of this article:
(1) 'Bacteriological weapon' and 'biological weapon' mean devices which are designed in a manner as to permit the intentional release into the population or environment of microbiological or other biological materials, toxins, or agents, whatever their origin or method of production, in a manner not authorized by law, or any device, the development, production, or stockpiling of which is prohibited pursuant to the 'Convention of the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and their Destruction', 26 U.S.T. 583, TIAS 8063.
(2) 'Bomb' includes a destructive device capable of being detonated, triggered, or set off to release any substance or material that is destructive, irritating, odoriferous, or otherwise harmful to one or more organisms including, but not limited to, human beings, livestock, animals, crops or vegetation, or to earth, air, water, or any other material or substance necessary or required to sustain human or any other individual form of life, or to real or personal property.
(3) 'Bomb technician', 'explosive ordnance technician', or 'EOD technician' means either:
(a) a law enforcement officer, fire official, emergency management official, or an employee of the State, its political subdivisions, or an authority of the State or a political subdivision, whose job title includes the designation of bomb technician, explosive ordnance disposal technician, or EOD technician and whose assigned duties include the rendering-safe of improvised explosive devices, destructive devices, old or abandoned explosives, war relics, or souvenirs while acting in the performance of his official duties; or
(b) an official or employee of the United States including, but not limited to, a member of the Armed Forces of the United States, who is qualified as an explosive ordnance disposal technician under the federal, state, or local laws or regulations while acting in the performance of his duty.
(4) 'Building' means any structure, vehicle, watercraft, or aircraft:
(a) where any person lodges or lives; or
(b) where people assemble for purposes of business, government, education, religion, entertainment, public transportation, or public use or where goods are stored. Where a building consists of two or more units separately occupied or secured, each unit is considered both a separate building in itself and a part of the main building.
(5) 'Device' means an object, contrivance, instrument, technique, or any thing that is designed, manufactured, assembled, or capable of serving any purpose in a bomb, destructive device, explosive, incendiary, or weapon of mass destruction.
(6) 'Detonate' means to explode or cause to explode.
(7) 'Destructive device' means:
(a) a bomb, incendiary device, or anything that can detonate, explode, or burn by mechanical, chemical, or nuclear means, or that contains an explosive, incendiary, poisonous gas, or toxic substance (chemical, biological, or nuclear materials) including, but not limited to, an incendiary or over-pressure device, or any other device capable of causing damage, injury, sickness, disease, or death;
(b) a weapon of mass destruction;
(c) a bacteriological weapon or biological weapon; or
(d) a combination of any parts, components, chemical compounds, or other substances, either designed or intended for use in converting any device into a destructive device which has been or can be assembled to cause damage, injury, sickness, disease, or death.
(8) 'Detonator' means a device containing a detonating charge used to initiate detonation in an explosive or any device capable of triggering or setting off an explosion or explosive charge including, but not limited to, impact or an impact device, a timing mechanism, electricity, a primer, primer or detonating cord, a detonating cap or device of any kind, detonating waves, electric blasting caps, blasting caps for use with safety fuses, shock tube initiator, and detonating cord delay connectors, or any other device capable of detonating or exploding a bomb, weapon of mass destruction, or destructive device.
(9) 'Distribute' means the actual or constructive delivery or the attempted transfer from one person to another.
(10) 'Explosive' means a chemical compound or other substance or a mechanical system intended for the purpose of producing an explosion capable of causing injury, sickness, disease, death, or damage to property or one containing oxidizing and combustible units or other ingredients in such proportions or quantities that ignition, fire, friction, concussion, percussion, or detonation may produce an explosion capable of causing injury, death, or damage to property. Explosives include, but are not limited to, the list of explosive materials published and periodically updated by the Bureau of Alcohol, Tobacco and Firearms.
(11) 'Hoax device' or 'replica' means a device or object which has the appearance of a destructive device.
(12) 'Incendiary' means any material that:
(a) causes, or is capable of causing, fire when it is lit or ignited; and
(b) is used to ignite a flammable liquid or compound in an unlawful manner.
(13) 'Incendiary device' means a destructive device, however possessed or delivered, and by whatever name called, containing or holding a flammable liquid or compound, which is capable of being ignited by any means possible. Incendiary device includes, but is not limited to, any form of explosive, explosive bomb, grenade, missile, or similar device, whether capable of being carried or thrown by a person acting alone or with one or more persons, but does not include a device manufactured or produced for the primary purpose of illumination or for marking detours, obstructions, defective paving, or other hazards on streets, roads, highways, or bridges, when used in a lawful manner.
(14) 'Over-pressure device' means a container filled with an explosive gas or expanding gas or liquid which is designed or constructed so as to cause the container to break, fracture, or rupture in a manner capable of causing death, bodily harm injury, sickness, disease, or property damage, and includes, but is not limited to, a chemical reaction bomb, an acid bomb, a caustic bomb, or a dry ice bomb.
(15) 'Parts' means a combination of parts, components, chemical compounds, or other substances, designed or intended for use in converting any device into a destructive device.
(16) 'Poisonous gases' means a toxic chemical or its precursors that through its chemical action or properties on life processes, causes death, sickness, disease, or injury to human beings or other living organisms. However, the term does not include:
(a) riot control agents, smoke and obscuration materials, or medical products which are manufactured, possessed, transported, or used in accordance with the laws of this State or the United States;
(b) tear gas devices designed to be carried on or about the person which contain not more than fifty cubic centimeters of the chemical; or
(c) pesticides, as used in agriculture and household products.
(17) 'Property' means real or personal property of any kind including money, choses in action, and other similar interest in property.
(18) 'Weapon of mass destruction' means any device designed to release radiation or radioactivity at a level that will result in internal or external bodily injury, sickness, disease, or death to a person.
Section 16-23-720. (A) It is unlawful for a person intentionally to detonate a destructive device or cause an explosion, or intentionally to aid, counsel, solicit another, or procure an explosion by means of detonation of a destructive device. A person who violates this subsection is guilty of a felony and, upon conviction:
(1) in cases resulting in the death of another person where there was malice aforethought, must be punished by death, by imprisonment for life, or by a mandatory minimum term of imprisonment for thirty years;
(2) in cases resulting in the death of another person where there was not malice aforethought, must be imprisoned not less than two ten years nor more than thirty years;
(3) in cases resulting in injury to a person, must be imprisoned for not less than ten years nor more than twenty-five years.
(B) A person who intentionally causes an explosion by means of a destructive device or aids, counsels, solicits another, or procures an explosion by means of a destructive device, which results in damage to a building or other real or personal property, or a person who attempts to injure another or damage or destroy a building or other real or personal property by means of a destructive device, is guilty of a felony and, upon conviction, must be imprisoned for not less than two ten years nor more than twenty-five years.
(C) A person who knowingly possesses, manufactures, transports, distributes, possesses with the intent to distribute a destructive device or any explosive, incendiary device, or over-pressure device or toxic substance or material which has been configured to cause damage, injury, sickness, disease, or death, or a person who possesses parts, components, or materials which when assembled constitute a destructive device is guilty of a felony and, upon conviction, must be imprisoned for not less than two years nor more than fifteen years.
(D) A person who threatens, attempts to threaten, solicits another to threaten, or conspires to threaten to cause damage, injury, sickness, disease, or death or to cause damage to or destroy a building or other real or personal property by means of destructive device, is guilty of a felony and, upon conviction, must be imprisoned for not more than fifteen years.
(E) A person who knowingly protects, harbors, or conceals another who plans, executes, or commits any violation of the provisions of this article, is guilty of a felony and, upon conviction, must be imprisoned for not more than fifteen years."
Section 16-23-730. A person who knowingly manufactures, possesses, transports, distributes, uses or aids, or counsels, solicits another, or conspires with another in the use of a hoax device or replica of a destructive device or detonator which causes any person reasonably to believe that the hoax device or replica is a destructive device or detonator is guilty of a misdemeanor and, upon conviction, must be imprisoned for not more than one year or fined not more than ten thousand dollars, or both. A person who communicates or transmits to another person that a hoax device or replica is a destructive device or detonator with the intent to intimidate or threaten injury, to obtain property of another, or to interfere with the ability of another person to conduct or carry on his life, business, trade, education, religious worship, or to interfere with the operations and functions of any government entity is guilty of a felony and, upon conviction, must be imprisoned for not less than two years nor more than fifteen years.
Section 16-23-740. A person who knowingly and wilfully hinders or obstructs an explosive ordnance technician, bomb technician, law enforcement officer, fire official, emergency management official, public safety officer, animal trained to detect destructive devices, or any robot or mechanical device designed for or utilized by a law enforcement officer, fire official, emergency management official, public safety officer, or bomb technician of this State or of the United States while in the detection, disarming, or destruction of a destructive device is guilty of a felony and, upon conviction, must be imprisoned for not less than one year nor more than five years.
Section 16-23-750. A person who communicates a threat or conveys or causes to be conveyed false information, knowing the information to be false, concerning an attempt or alleged attempt being made or to be made to kill, injure, or intimidate any person
or to damage or destroy any building or other real or personal property by means of an explosive, incendiary, or destructive device or who aids, agrees with, employs, or conspires with any person to do or cause to be done any of the acts in this section, is guilty of a felony and, upon conviction, for a first offense must be imprisoned for not less than one year nor more than ten years. For a second or subsequent offense, the person must be imprisoned for not less than five years nor more than fifteen years. A sentence imposed for a violation of this section must not be suspended and probation must not be granted.
Section 16-23-760. (A) Unless otherwise ordered by a court of competent jurisdiction, photographs, electronic imaging, video tapes, or other identification or analysis of a destructive device, explosive, incendiary, poisonous gas, toxic substance, whether chemical, biological, or nuclear, or detonator identified by a qualified bomb technician or person qualified as a forensic expert in the field of destructive devices is admissible in any civil or criminal trial in lieu of production of the actual destructive device or detonator. Evidence transferred to the clerk of court by a qualified bomb technician for safekeeping must not be destroyed except pursuant to a court order issued by a court of competent jurisdiction.
(B) If a destructive device, explosive, incendiary, poisonous gas, toxic substance whether chemical, biological, or nuclear material, or detonator that has been rendered inert and safe is introduced into evidence in any criminal or civil trial, the clerk of court may retain custody or transfer custody of the destructive device or detonator to a qualified bomb technician for safekeeping only after the destructive device has been preserved as evidence by photograph, video tape, or other suitable means of identification.
Section 16-23-770. (A) All property used or intended for use in violation of this article and all proceeds derived from, realized from, or traced back to property used or intended for use in violation of this article is contraband and subject to forfeiture. Property subject to forfeiture must be seized by a law enforcement agency and forfeited to the State, a political subdivision of the State, or the seizing law enforcement agency.
(B) On application of a seizing law enforcement agency, the circuit court may order the agency to destroy or transfer the seized device to any agency of this State or of the United States that can safely store or render harmless a destructive device, explosive, poisonous gas, or detonator if the court finds that it is impractical or unsafe for the seizing law enforcement agency to store the destructive device, explosive, poisonous gas, or detonator. Notwithstanding Section 16-23-760, the application for destruction of a destructive device may be made at anytime after seizure. Any destruction ordered pursuant to this subsection must be done in the presence of at least one credible witness or recorded on film, videotape, or other electronic imaging method. The court also may order the seizing agency or the agency to which the device, explosive, poisonous gas, or detonator is transferred to make a report of the destruction, take samples before the destruction, or both.
(C) Nothing in subsection (A) or (B) prohibits a bomb technician, law enforcement officer, or fire official from taking action that will render an explosive, destructive device, poisonous gas, or detonator, or other object which is suspected of being an explosive, destructive device, poisonous gas, or detonator safe without prior approval of a court when the action is in the performance of his duties and is intended to protect lives or property which are in imminent danger.
(D) The provisions of this article do not apply to the lawful use of:
(1) fertilizers, propellant activated devices, or propellant activated industrial tools manufactured, imported, distributed, or used for their intended purposes;
(2) pesticides which are manufactured, stored, transported, distributed, possessed, or used in accordance with Chapter 7, Title 2, the federal Insecticide, Fungicide, and Rodenticide Act and the Environmental Pesticide Control Act of 1972;
(3) explosives, blasting agents, detonators, and other objects regulated and controlled by the South Carolina Explosives Control Act;
(4) ammunition for small arms and firearms;
(5) components of ammunition for small arms and firearms;
(6) ammunition reloading equipment;
(7) the use of small arms propellant when used in war reenactments;
(8) firearms, as defined in Section 16-8-10; or
(9) fireworks and explosives which are permitted to be sold, possessed, or used under Chapter 35 of Title 23.
(E) The provisions of this article do not apply to the military or naval forces of the United States, to the duly organized military force of a state or territory, or to police or fire departments in this State when they are acting within their official capacities and in performance of their duties.
Section 16-23-775. (A) It is unlawful for a person to knowingly infect, damage, contaminate, harm, or destroy a plot, field, or tract of land, a stream, pond, lake, or body of water, a crop, plant, or vegetation, livestock, wildlife, or fish, by means of the direct or indirect use of a biological, chemical, or nuclear weapon of mass destruction with the intent of causing economic or physical harm to a person, or damage to a field, tract or plot of land, crop, stream, body of water, or to any other real or personal property or the environment.
(B) A person who violates a provision of this section is guilty of a felony and, upon conviction, must be fined not less than one thousand nor more than one hundred thousand dollars, or imprisoned for not less than five years nor more than thirty years, or both.
Section 16-23-780. (A) For purposes of this section:
(1) 'Additional imprisonment' means imprisonment in addition to the maximum period of imprisonment that may be imposed for a specific offense under this article.
(2) 'Biological attack' means the use of disease producing microorganisms, toxic biological products, or organic biocides to cause death or injury to humans, animals, or plants.
(3) 'International terrorism' means 'international terrorism' as defined in 18 U.S. Code, Section 2331, that:
(a) involve violent acts or acts dangerous to human life that are a violation of the criminal laws of the United States or this State, or that would be a criminal violation if committed within the jurisdiction of the United States or this State;
(b) appear to be intended:
( i) to intimidate or coerce a civilian population;
( ii) to influence the policy of a government by intimidation or coercion; or
(iii) to affect the conduct of a government by assassination or kidnapping; and
(c) occur primarily in this State or outside the territorial jurisdiction of the United States with a significant contact in or with this State, or transcend the boundaries of this State or national boundaries in terms of the means by which they are accomplished, the persons they appear intended to intimidate or coerce, or the locale in which their perpetrators operate or seek asylum.
(4) 'Terrorism' means a violation of an anti-terrorist law as defined in Section 16-23-800(A)(2).
(B) It is unlawful for any person to commit an offense involving a biological attack or the use of a destructive device, weapon of mass destruction, biological weapon or bacteriological weapon if committed incident to or to facilitate an act of terrorism or international terrorism.
(C) A person who violates this section is guilty of a felony. Notwithstanding any other provision of law, the maximum term of additional imprisonment that may be imposed for a violation of this section is a maximum term of imprisonment of thirty years or by imprisonment for life without parole, in addition to the maximum imprisonment that may be imposed for the specific offense.
Section 16-23-785. The prohibitions of this article do not apply to:
(1) officers and enlisted personnel of the armed forces of the United States with respect to any lawful activity while under orders or engaged in the performance of their duties;
(2) officers and enlisted personnel of the militia or national guard with respect to any lawful activity while under orders or engaged in the performance of their duties;
(3) civil and law enforcement officers of the United States while in the discharge of their official duties;
(4) civil and law enforcement officers of the State, its agencies and instrumentalities, or of a county or municipality while in the discharge of their official duties;
(5) a person under contract with, or working under the direction of, the United States, the State of South Carolina, or an agency of either government, with respect to an activity lawfully engaged in under contract or pursuant to lawful direction;
(6) a person lawfully engaged in research or another activity related to development, production, manufacture, assembly, possession, transport, sale, purchase, delivery or acquisition of a biological agent, disease organism, toxic or poisonous chemical, radioactive substance, or their immediate precursors, for preventive, protective, medical, or another lawful purpose;
(7) a person lawfully engaged in an accepted agricultural, aquacultural, horticultural, wildlife and habitat management practice or forestry practice, aquatic weed control, or structural pest and rodent control, in a manner approved by the federal, state, county, or local agency charged with regulatory authority and control over the activity.
Section 16-23-790. All state, county, and municipal law enforcement officers who encounter a known or suspected destructive device, biological or bacteriological weapon or a nuclear, biological, or chemical weapon of mass destruction in the
course of their employment must immediately report the existence and location of the device or weapon to the State Law Enforcement Division for purposes of disseminating the information to law enforcement agencies, and to the appropriate state and local public health officials for purposes of enabling public health officials to assess the nature and extent of the threat of the device or weapon to public health.
Section 16-23-795. In addition to the penalties provided for a violation of this article, the presiding judge shall order a person convicted of violating a provision of this article to make full restitution for damages caused to another person, to a person's real or personal property, choses in action, and other interests, and for the cost of responding to or dealing with the use, threatened use of, or falsely conveyed information relating to the use or threatened use of a destructive device, biological or bacteriological weapon or a nuclear, biological, or chemical weapon of mass destruction. This restitution shall include, but not be limited to, the cost of law enforcement officials or other public officials responding to the incident at a particular location, the cost of removing people or property from the location, and the cost of any physical damage to the buildings or property at the location. The court in an appropriate order shall specify the cause or items and the amounts for which restitution must be made and shall specify the person or entity who is to make restitution and the public or private person or entity to whom restitution is to be made. Nothing in this section precludes a person injured or whose property is damaged from instituting and maintaining a civil action for damages against a person or entity whose violation of this article resulted in damage to a person, his real or personal property, or to another legally protected interest."
SECTION 6. The 1976 Code is amended by adding:
"Section 25-1-445. (A) Upon declaration of a state of emergency by the Governor, persons engaged in volunteer, paid, public or commercial employment related to the emergency may be required, as determined by the Chief of SLED, to undergo a state fingerprint review to be conducted by SLED to determine any state criminal history. SLED is authorized to check Federal Bureau of Investigation criminal history records and screen such records of persons indicating an intent to provide services or products related to the emergency in South Carolina pursuant to United States Public Law 92-544 and may continue through the response period for that emergency or disaster. The fingerprints of background check subjects must be submitted through SLED to the Federal Bureau of Investigation for a technical search of fingerprint supported criminal history records. No criminal history record may be furnished to a private entity.
(B) SLED may obtain the assistance of a cooperating governmental agency in carrying out the provisions of this statute. Such assistance may include, but is not limited to, the issuance of a credential indicating screening was performed or maintenance of an emergency worker registry by an appropriate agency, or other assistance to facilitate the rapid processing of checks.
(C) SLED is authorized to promulgate regulations consistent with this section and necessary to carry out the provisions of this section regarding the operation of state of emergency criminal history checks."
SECTION 7. (A) Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-3545. A taxpayer employed as a law enforcement officer, firefighter, or emergency medical technician by this State or a political subdivision of this State who, as a result of a terrorist act committed within the territory of the United States and in his official capacity is assigned by his superior officer away from his normal duty station for more than five consecutive days is allowed a credit against the tax imposed pursuant to Section 12-6-510 in an amount equal to twenty-five dollars for each day after the first day the taxpayer is so assigned. The maximum credit allowed for any taxable year is one thousand dollars.
A claim for the credit allowed under this section must be accompanied by a certificate of the taxpayer's superior officer detailing the facts of the terrorist incident and documentation of the taxpayer's assignment away from his normal duty station resulting therefrom.
(B) This section applies for taxable years beginning after 2001."
SECTION 8. The 1976 is amended by adding:
"Section 12-6-1125. (A) In addition to the state income tax deduction allowed for the compensation received from the United States or any state for service in a state National Guard or a reserve component of the Armed Forces of the United States pursuant to Section 12-6-1120(7) of the 1976 Code, all compensation and benefits otherwise subject to the tax imposed pursuant to Section 12-6-510 of the 1976 Code are excluded from the South Carolina gross income of reservists and members of the National Guard if:
(1) in the case of members of the National Guard, the taxpayer serves in a unit federalized for duty in "Operation Enduring Freedom" or "Operation Noble Eagle", or both, and performs such duty; and
(2) in the case of a reservist, the taxpayer is called to active duty pursuant to 'Operation Enduring Freedom' or 'Operation 'Noble Eagle', or both, and performs such duty.
(B) The tax exclusion provided by this section applies only to income and benefits earned and received from a state National Guard or a reserve component of the Armed Forces while the taxpayer is mobilized for active duty in the operations specified by this section. This section applies for taxable years beginning after 2000.
SECTION 9. (1) Section 30-4-40(A)(3) of the 1976 Code is amended to read:
"(3) Records of law enforcement and public safety agencies not otherwise available by state or federal law that were compiled in the process of detecting and investigating crime if the disclosure of the information would harm the agency by:
(A) disclosing identity of informants not otherwise known;
(B) the premature release of information to be used in a prospective law enforcement action;
(C) disclosing investigatory techniques not otherwise known outside the government;
(D) by endangering the life, health, or property of any person."
(2) Section 30-4-40(a) of the 1976 Code is amended by adding:
"(17) Information relating to security plans and devices proposed, adopted, installed, or utilized by a public body; provided, however, amounts expended for adoption, implementation, or installation of security plans and devices must be disclosed in accordance with this chapter."
(3) Section 30-4-40 of the 1976 Code is amended by adding:
"(c) Information identified in accordance with the provisions of Section 30-4-45 shall be exempt from disclosure except as provided therein and pursuant to regulations promulgated in accordance with this chapter. Sections 30-4-30, 30-4-50, and 30-4-100 notwithstanding, no custodian of information subject to the provisions of Section 30-4-45 shall release the information except as provided therein and pursuant to regulations promulgated in accordance with this chapter."
(4) Chapter 4, Title 30 of the 1976 Code is amended by adding:
"Section 30-4-45. (A) The Director of each agency that is the custodian of information subject to the provisions of 42 U.S.C. 7412(r)(7)(H), 40 CFR 1400 'Distribution of Off-site Consequence Analysis Information,' or 10 CFR 73.21 'Requirements for the protection of safeguards information', shall establish procedures to ensure that the information is released only in accordance with the applicable federal provisions.
(B) The director of each agency that is the custodian of information, the unrestricted release of which could increase the risk of acts of terrorism, may identify the information or compilations of information by notifying the Attorney General in writing, and shall promulgate regulations in accordance with the Administrative Procedures Act, Sections 1-23-110 through 1-23-120(a) and Section 1-23-130, to regulate access to the information in accordance with the provisions of this section.
(C) Regulations to govern access to information subject to subsections (A) and (B) shall at a minimum provide for:
(1) disclosure of information to state, federal, and local authorities as required to carry out governmental functions;
(2) disclosure of information to persons who live or work within a vulnerable zone.
For purposes of this section, 'vulnerable zone' is defined as a circle, the center of which is within the boundaries of a facility possessing hazardous, toxic, flammable, radioactive, or infectious materials subject to this section, and the radius of which is that distance a hazardous, toxic, flammable, radioactive, or infectious cloud, overpressure, radiation, or radiant heat would travel before dissipating to the point it no longer threatens serious short-term harm to people or the environment.
Disclosure of information pursuant to this subsection shall be by means that will prevent its removal or mechanical reproduction. Disclosure of information pursuant to this subsection shall be made only after the custodian has ascertained the person's identity by viewing photo identification issued by a federal, state, or local government agency to the person and after the person has signed a register kept for the purpose."
(5) Section 30-4-110 of the 1976 Code is amended to read:
"Section 30-4-110. (A) Any person or group of persons who willfully wilfully violates the provisions of this chapter shall be deemed is guilty of a misdemeanor and, upon conviction, shall must be fined not more than one hundred dollars or imprisoned for not more than thirty days for the first offense, shall must be fined not more than two hundred dollars or imprisoned for not more than
sixty days for the second offense, and shall must be fined three hundred dollars or imprisoned for not more than ninety days for the third or subsequent offense.
(B) A person who wilfully discloses information exempt from disclosure pursuant to Section 30-4-40(c), except as in accordance with the procedures established by Section 30-4-45, is guilty of a misdemeanor and, upon conviction, must be imprisoned for not more than thirty days or fined not more than two hundred dollars, or both."
SECTION 10. (1) Article 1, Chapter 5, Title 39 of the 1976 Code is amended by adding:
"Section 39-5-145. (A) As used in this section:
(1) 'Commodity' means goods, services, materials, merchandise, supplies, equipment, resources, or other articles of commerce, and includes, without limitation, food, water, ice, chemicals, petroleum products, and lumber essential for consumption or use as a direct result of a declared state of emergency.
(2)(a) 'Unconscionable price' means an amount charged, which:
(i) represents a gross disparity between the price of the commodity or rental or lease of a dwelling unit, including a motel or hotel unit or other temporary lodging, or self-storage facility that is the subject of the offer or transaction and the average price at which that commodity or dwelling unit, including a motel or hotel unit or other temporary lodging, or self-storage facility was rented, leased, sold, or offered for rent or sale in the usual course of business during the thirty days immediately before a declaration of a state of emergency, and the increase in the amount charged is not attributable to additional costs incurred in connection with the rental or sale of the commodity or rental or lease of the dwelling unit, including a motel or hotel unit or other temporary lodging, or self-storage facility, or national or international market trends; or
(ii) grossly exceeds the average price at which the same or similar commodity, dwelling unit, including a motel or hotel unit or other temporary lodging, or self-storage facility was readily obtainable in the trade area during the thirty days immediately before a declaration of a state of emergency, and the increase in the amount charged is not attributable to additional costs incurred in connection with the rental or sale of the commodity or rental or lease of the dwelling unit, including a motel or hotel unit or other temporary lodging, or self-storage facility, or national or international market trends.
(b) It is prima facie evidence that a price is unconscionable if it meets the definition of item (i) or (ii).
(B)(1) Upon a declaration of a state of emergency by the Governor, it is unlawful and a violation of this article for a person or his agent or employee to:
(a) rent or sell or offer to rent or sell a commodity at an unconscionable price within the area for which the state of emergency is declared; or
(b) impose unconscionable prices for the rental or lease of a dwelling unit, including a motel or hotel unit or other temporary lodging, or self-storage facility within the area for which the state of emergency is declared.
(2) This prohibition remains in effect until the declaration expires or is terminated.
(C)(1) Upon a declaration of a state of disaster by the President, in which the disaster area includes all or a portion of the State of South Carolina, it is unlawful and a violation of this article for a person or his agent or employee in this State to:
(a) rent or sell or offer to rent or sell a commodity at an unconscionable price within the area for which the state of disaster is declared; or
(b) impose unconscionable prices for the rental or lease of a dwelling unit, including a motel or hotel unit or other temporary lodging, or self-storage facility within the area for which the state of disaster is declared.
(2) This prohibition remains in effect until the declaration expires or is terminated.
(D) A price increase approved by an appropriate government agency is not a violation of this section.
(E) This section does not apply to sales by growers, producers, or processors of raw or processed food products, except for retail sales of those products to the ultimate consumer within the area of the declared state of emergency or disaster.
(F) This section does not preempt the powers of local government, except that the evidentiary standards contained in this section are the sole evidentiary standards to be adopted by ordinance of a local government to restrict price gouging during a declared state of emergency or disaster. In the event a local government declares a state of emergency or disaster, in which the disaster area includes all or a portion of the area under the local government's jurisdiction, and restricts price gouging during that emergency or disaster, the governmental entity must notify the Governor's Office of such declaration. The Governor's Office must notify registered agents simultaneous to the declaration and cessation of the state of emergency.
(G) In addition to all other remedies provided in this article, a person who wilfully violates this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than one thousand dollars or imprisoned not more than thirty days."
(2) Article 1, Chapter 5, Title 39 of the 1976 Code is amended by adding:
"Section 39-5-147. (A) Upon a declaration of a state of emergency by the Governor, it is unlawful and a violation of this article for a person or his agent or employee to solicit the contribution or sale of goods or services for charitable purposes by any manner, means, practice, or device that is knowingly and wilfully misleading.
(B) Upon a declaration of a state of disaster by the President, in which the disaster areas includes all or a portion of the State of South Carolina, it is unlawful and a violation of this article for a person or his agent or employee to solicit in this State the contribution or sale of goods or services for charitable purposes by any manner, means, practice, or device that is knowingly and wilfully misleading.
(C) These prohibitions remain in effect until the declaration of emergency or disaster expires or is terminated.
(D) In addition to all other remedies provided in this article, a person who wilfully violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than thirty days."
(3) Article 1, Chapter 5, Title 39 of the 1976 Code is amended by adding:
"Section 39-5-149. A trade association, corporation, or partnership may register an agent for the purposes of being notified when the Governor declares and ceases a state of emergency. A trade association may designate up to three persons to be notified on behalf of the organization's members. The trade association, corporation, or partnership is responsible for maintaining current information for the designated agent or agents. The Governor's Office is responsible for notifying the registered agents simultaneous to the declaration and cessation of the state of emergency."
(4) Section 16-7-10 of the 1976 Code is amended to read:
"Section 16-7-10. (A) In any area designated by the Governor in his proclamation that a state of emergency exists, and during the
duration of such the proclamation, it shall be is unlawful for a person to:
(1)(a) For any person to violate a provision set forth in the proclamation;
(b) for any person to violate the provisions of any a curfew established by the proclamation;
(c) for any unauthorized persons to congregate, except unless authorized or in their homes, in groups of three or more and to refuse to disperse upon order of any law-enforcement a law enforcement officer; or
(D) for any person to willfully wilfully fail or refuse to comply with any lawful order or direction of any law-enforcement law enforcement officer.
Any A person violating the provisions of this section shall be deemed is guilty of a misdemeanor and, upon conviction, shall must be fined not more than one hundred dollars or be imprisoned for not more than thirty days.
(b)(2)(a) For any person to enter into the property of another, without lawful authority and with criminal intent;
(b) to damage the property of another; or
(c) to take possession or otherwise disturb the property of another in any manner.
Any of such acts shall constitute the offense A person violating a provision of this item is guilty of looting, and any person convicted thereof shall be guilty of a felony and, upon conviction, shall must be punished by a fine or imprisonment fined or imprisoned, or both, in the discretion of the court.
(3) Charge unconscionable prices during a declared state of emergency or disaster, as described in Section 39-5-145, or knowingly and wilfully use a misleading practice or device to solicit the contribution or sale of goods or services for charitable purposes in connection with a declared state of emergency or disaster, as described in Section 39-5-147.
(B) Penalties provided in this article are cumulative of and in addition to those provided in Sections 39-5-145 and 39-5-147."
(5) Section 33-56-120 of the 1976 Code, as last amended by Act 336 of 2000, is further amended by adding:
"(G) A person may not knowingly or wilfully use a misleading practice or device to solicit the contribution or sale of goods or services for a charitable purpose in connection with a declared state of emergency or disaster as described in Section 39-5-147. Penalties provided in this chapter are cumulative of and in addition to those provided in Section 39-5-147."
SECTION 11. Section 51-3-60 of the 1976 Code is amended to read:
"Section 51-3-60. (A) Any A South Carolina resident who is over sixty-five years of age or disabled or legally blind as defined in Section 43-25-20 of the 1976 Code may use any facility of a state park except campsites, overnight lodging, and recreation buildings without charge. Such These residents also may also use campsite facilities at one-half of the prescribed fee. A person exercising this privilege on the basis of age shall present his medicare card or other card approved by the South Carolina Commission on Aging to the employee of the State Department of Parks, Recreation and Tourism who is in charge of the particular state park, and a person who is disabled or legally blind shall present to such the person in charge of the park a certificate to that effect from a licensed doctor of medicine or an official of an agency authorized by law to make determinations of disability or blindness.
(B) The authorization for use of the facilities as provided by this section shall is not be effective if it conflicts with any federal law, rule or regulation.
(C) The term For purposes of this section, 'disabled' as used herein shall mean means the inability to perform substantial gainful employment by reason of a medically-determinable impairment, either physical or mental, which has lasted or is expected to last for a continuous period of twelve months or more.
(D) Any (A) South Carolina resident who is a veteran and who has been classified by the Veterans Administration as permanently and totally disabled also may also enter any a state park without charge upon presentation to the person in charge of the park of an identification card from the county veterans affairs officer stating the veteran's permanent and total disability. A statement of age or disability may not be made for any a person whose age and disability records are not maintained in the veterans affairs office at which the request is made.
(E) The privileges provided for in this section are also extended to South Carolina residents who are police officers, firefighters, and emergency medical technicians and paramedics on September eleventh of each year. To exercise this privilege:
(1) a police officer must present his or her law enforcement badge, certification card or other valid credentials;
(2) a firefighter must present his or her firefighter's badge, certification card or other valid credentials;
(3) an emergency medical technician or paramedic must present his or her emergency medical technician or paramedic certificate."
SECTION 12. The 1976 Code is amended by adding:
"Section 59-101-365. (A) Beginning with the 2002-03 academic year from funds appropriated by the General Assembly, there is created the South Carolina 9/11 Memorial Scholarship Program. This program is designed to provide scholarships to South Carolina residents whose parent or legal guardian was a South Carolina resident and died as a result of the terrorist attacks of September 11, 2001, in New York City, the Pentagon, or in Pennsylvania. The South Carolina 9/11 Memorial Scholarship Program shall pay cost-of-tuition at any state public institution of higher learning or an amount equal to the average cost-of-tuition at a state public institution of higher learning to students wishing to attend independent institutions in this State. The Commission on Higher Education shall determine the average cost-of-tuition for the independent institutions annually. Students qualifying for this program shall be eligible to receive scholarship funding for up to four years of full-time undergraduate study or five years in an approved five-year bachelor's degree program if the student maintains satisfactory academic progress according to federal Title IV regulations. Students must establish eligibility by submitting appropriate verification to the Commission on Higher Education. The Commission on Higher Education shall promulgate regulations for the administration of the South Carolina 9/11 Memorial Scholarship Program.
(B) For purposes of this section, 'South Carolina resident' means a person who was a legal resident of the state of South Carolina on September 11, 2001."
SECTION 13. The 1976 Code is amended by adding:
"Section 8-1-200. (A) As used in this section, 'in any one year' means either a calendar year or, in the case of members required to attend required disaster response training or perform disaster response, emergency, or other duties within or on a fiscal year basis, the fiscal year of the agency or political subdivision employing the officer or employee.
(B) All officers and employees of this State or a political subdivision of this State who are either trained for disaster response or emergency relief by the American Red Cross or whose services are volunteered to, accepted by, and utilized by the American Red Cross for disaster response or relief at a disaster or emergency site within or without this State, are entitled to leaves of absence from their respective duties without loss of pay, time, or efficiency rating for one or more periods not exceeding an aggregate of fifteen regularly scheduled work days in any one year during which they may engage in training or any other duties ordered, required, or requested by the Governor, the American Red Cross, or any other department or agency of the government of this State or of the United States having authority to issue requests or lawful orders requiring disaster response or emergency relief services. Saturdays, Sundays, and state holidays may not be included in the fifteen-day aggregate unless the particular Saturday, Sunday, or holiday to be included is a regularly scheduled work day for the officer or employee involved. If a person is called upon to serve during an emergency, he is entitled to a leave of absence not exceeding thirty additional days. All officers and employees of this State and political subdivisions of this State who are entitled to leaves of absence, as provided for in this section, must first obtain approval of their supervisor before taking such leave.
(C) The provisions of this section must be construed liberally to encourage and allow full participation in all aspects of the American Red Cross training programs and to allow state officers and employees to excel in disaster and emergency preparedness and service by taking full advantage of all disaster response and emergency relief assignments and training opportunities."
SECTION 14. The 1976 Code is amended by adding:
"Section 53-3-150. The eleventh day of September of each year is designated as a State Day of Remembrance to the victims of the tragic events of September 11, 2001, and to the selfless and courageous actions of firefighters, police, and other rescue workers who heed the call every day to rescue those in harm's way."
SECTION 15. Section 59-1-443 of the 1976 Code, as added by Act 145 of 1995, is amended to read:
"Section 59-1-443. All schools shall provide for a minute of mandatory silence at the beginning of each school day. In order that the right of every pupil to the free exercise of religion be guaranteed within the schools and that the freedom of each individual pupil be subject to the least possible pressure from the State either to engage in, or to refrain from, religious observation on school grounds, the school board of each school district shall establish in every school under its jurisdiction the daily observance
of one minute of silence for voluntary prayer, meditation, or other silent activity.
During the one-minute period of silence, the teacher responsible for each classroom shall ensure that all pupils remain seated and silent and make no distracting display to the end that each pupil, in the exercise of his individual choice, may pray, meditate, or engage in any other silent activity which does not interfere with, distract, or impede other pupils in the like exercise of individual choice."
SECTION 16. (A) The 1976 Code is amended by adding:
"Section 59-1-460. The principal in each public elementary and secondary school in this State shall display on an appropriately framed background with minimum dimensions of eleven inches by fourteen inches, the following national mottos of the United States of America in a prominent place inside the school under his supervision: 'In God We Trust' and 'E Pluribus Unum'.
(B) The provisions of this section apply with respect to school year 2002-2003 and thereafter."
SECTION 17. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release, or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 18. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, the holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 19. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.
JAMES H. HARRISON for Committee.
TO ENACT THE SOUTH CAROLINA "OMNIBUS TERRORISM PROTECTION AND HOMELAND DEFENSE ACT OF 2002" INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1100 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO PROVIDE MATERIALS OR RESOURCES IN SUPPORT OF TERRORIST, TERRORIST ORGANIZATIONS, OR INTERNATIONAL TERRORISM, AND TO PROVIDE A PENALTY; TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO ADD VIOLATION OF ANTI-TERRORISM LAWS TO THE LIST OF STATUTORY AGGRAVATING CIRCUMSTANCES; TO AMEND SECTION 16-16-20, AS AMENDED, RELATING TO COMPUTER CRIMES AND PENALTIES, SO AS TO PROVIDE THAT INTRODUCING A COMPUTER VIRUS, COMPUTER WORM, OR ANY OTHER DAMAGING PROGRAM INTO A COMPUTER SYSTEM IS A COMPUTER CRIME; TO AMEND SECTION 16-23-750, RELATING TO COMMUNICATING THREATS RELATING TO USE OF EXPLOSIVE, INCENDIARY, OR DESTRUCTIVE DEVICES, SO AS TO PROVIDE THAT IN ADDITION TO THE PENALTIES FOR A VIOLATION OF THIS SECTION, THE PRESIDING JUDGE SHALL ORDER THE OFFENDER TO MAKE FULL RESTITUTION FOR THE COST OF RESPONDING TO OR DEALING WITH THE THREAT OR FALSELY CONVEYED INFORMATION REGARDING THE THREATENED USE OF SUCH DEVICES AND TO PROVIDE FOR THE ELEMENTS OF THIS RESTITUTION; TO AMEND CHAPTER 23, TITLE 16, RELATING TO OFFENSES INVOLVING WEAPONS, BY ADDING SECTION 16-23-780 SO AS TO PROVIDE FOR ALTERNATIVE MAXIMUM IMPRISONMENT FOR CERTAIN OFFENSES INVOLVING THE USE OF ANTHRAX OR A BIOLOGICAL ORGANISM SO AS TO CAUSE DEATH OR INJURY IN HUMANS, ANIMALS, OR PLANTS; TO AMEND CHAPTER 23, TITLE 16, RELATING TO OFFENSES INVOLVING WEAPONS, BY ADDING SECTION 16-23-790 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO KNOWINGLY INFECT, HARM, OR DESTROY A FIELD OR TRACT OF LAND, A STREAM OR BODY OF WATER, CROPS, PLANTS, VEGETATION, LIVESTOCK, WILDLIFE, OR FISH BY MEANS OF THE DIRECT OR INDIRECT USE OF A BIOLOGICAL, CHEMICAL, OR NUCLEAR WEAPON OF MASS DESTRUCTION, OR BY THE DIRECT OR INDIRECT USE OF A BIOLOGICAL, CHEMICAL, OR NUCLEAR AGENT OR SUBSTANCE, WITH THE INTENT OF CAUSING ECONOMIC OR PHYSICAL HARM TO A PERSON, A FIELD OR TRACT OF LAND, A STREAM OR BODY OF WATER, CROPS, PLANTS, VEGETATION, LIVESTOCK, WILDLIFE, OR FISH, OR TO ANY OTHER REAL OR PERSONAL PROPERTY, OR THE ENVIRONMENT, AND TO PROVIDE FOR PENALTIES AND RESTITUTION FOR VIOLATIONS OF THIS SECTION; TO AMEND CHAPTER 23, TITLE 16, RELATING TO OFFENSES INVOLVING WEAPONS, BY ADDING ARTICLE 9 SO AS TO PROVIDE THAT, EXCEPT AS EXPRESSLY AUTHORIZED AND PERMITTED BY FEDERAL LAW, IT IS UNLAWFUL FOR A PERSON TO MANUFACTURE, ASSEMBLE, POSSESS, STORE, TRANSPORT, SELL, PURCHASE, DELIVER, OR ACQUIRE NUCLEAR, BIOLOGICAL, OR CHEMICAL WEAPONS OF MASS DESTRUCTION, OR BIOLOGICAL AGENTS OR TOXINS, OR TO USE, THREATEN TO USE, OR ATTEMPT TO USE THESE WEAPONS, AGENTS, OR TOXINS; TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO KNOWINGLY MAKE A FALSE REPORT CONCERNING THESE WEAPONS, AGENTS, OR TOXINS; TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO PERPETRATE A HOAX BY THE USE OF AN ARTIFACT, REPLICA, OR FALSE REPLICA OF THESE WEAPONS, AGENTS, OR TOXINS; TO PROVIDE THAT THE UNLAWFUL KILLING OF A PERSON BY MEANS OF THESE WEAPONS, AGENTS, OR TOXINS IS MURDER; TO REQUIRE PERSONS WHO KNOWINGLY OR INTENTIONALLY COMMIT ANY OFFENSE INVOLVING THESE WEAPONS, AGENTS, OR TOXINS BE PROSECUTED AND SENTENCED IN ACCORDANCE WITH THIS ARTICLE, AND TO PROVIDE FOR PENALTIES FOR VIOLATIONS OF THE PROVISIONS OF THIS ARTICLE; TO REQUIRE STATE, COUNTY, AND MUNICIPAL LAW ENFORCEMENT OFFICERS TO MAKE CERTAIN REPORTS TO THE STATE LAW ENFORCEMENT DIVISION AND PUBLIC HEALTH OFFICIALS RELATING TO BIOLOGICAL AGENTS, TOXINS, AND DELIVERY SYSTEMS AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS ARTICLE; BY ADDING SECTION 12-6-3545 SO AS TO ALLOW A LAW ENFORCEMENT OFFICER, FIREFIGHTER, OR EMERGENCY MEDICAL TECHNICIAN EMPLOYED BY THIS STATE OR A POLITICAL SUBDIVISION OF THIS STATE A CREDIT AGAINST THE STATE INCOME TAX IN CONNECTION WITH DUTY IN RESPONDING TO A TERRORIST ACT AND TO PROVIDE THE AMOUNT OF THE CREDIT AND ITS ELIGIBILITY REQUIREMENTS; TO ALLOW A STATE INDIVIDUAL INCOME TAX DEDUCTION FOR MEMBERS OF A STATE NATIONAL GUARD UNIT FEDERALIZED OR A RESERVIST CALLED TO ACTIVE DUTY FOR PARTICIPATION IN "OPERATION ENDURING FREEDOM" OR "OPERATION NOBLE EAGLE", OR BOTH; TO AMEND ARTICLE 1, CHAPTER 5, TITLE 39, RELATING TO THE SOUTH CAROLINA UNFAIR TRADE PRACTICES ACT, BY ADDING SECTION 39-5-145 SO AS TO PROHIBIT THE RENTAL AND SALE OF ESSENTIAL COMMODITIES AND RENTAL AND LEASE OF DWELLING UNITS, INCLUDING MOTEL OR HOTEL UNITS OR OTHER TEMPORARY LODGING, OR SELF-STORAGE FACILITIES AT AN UNCONSCIONABLE PRICE DURING AND WITHIN THE AREA OF A DECLARED STATE OF EMERGENCY OR DISASTER, TO DEFINE "COMMODITY" AND "UNCONSCIONABLE PRICE", TO ESTABLISH EVIDENTIARY STANDARDS FOR ACTIONS BROUGHT PURSUANT TO THESE PROVISIONS OR LOCAL ORDINANCES, AND TO PROVIDE FOR THE ADDITIONAL CIVIL PENALTY OF UP TO TWENTY-FIVE THOUSAND DOLLARS FOR VIOLATIONS OCCURRING OVER A TWENTY-FOUR-HOUR PERIOD AND FOR A CRIMINAL PENALTY OF IMPRISONMENT FOR NOT MORE THAN THIRTY DAYS FOR A WILFUL VIOLATION OF THESE PROVISIONS; BY ADDING SECTION 39-5-147 SO AS TO PROHIBIT THE USE OF A MISLEADING PRACTICE OR DEVICE FOR THE SOLICITATION OF CONTRIBUTIONS OR THE SALE OF GOODS OR SERVICES FOR CHARITABLE PURPOSES IN CONNECTION WITH A DECLARED STATE OF EMERGENCY OR DISASTER, AND TO PROVIDE FOR THE ADDITIONAL CIVIL PENALTY OF UP TO TWENTY-FIVE THOUSAND DOLLARS FOR VIOLATIONS OCCURRING OVER A TWENTY-FOUR-HOUR PERIOD AND FOR A CRIMINAL PENALTY OF IMPRISONMENT FOR NOT MORE THAN THIRTY DAYS FOR A WILFUL VIOLATION OF THESE PROVISIONS; AND TO AMEND SECTIONS 16-7-10, RELATING TO ILLEGAL ACTS DURING A STATE OF EMERGENCY, AND 33-56-120, AS AMENDED, RELATING TO PROHIBITION OF MISREPRESENTATIONS IN CHARITABLE SOLICITATIONS, BOTH SO AS TO CONFORM THEM TO THESE PROVISIONS AND MAKE THE PENALTIES FOR VIOLATIONS CUMULATIVE AND ADDITIONAL; BY ADDING SECTION 8-1-200 SO AS TO PROVIDE FOR LEAVES OF ABSENCE FOR PUBLIC OFFICERS AND EMPLOYEES TRAINED BY THE AMERICAN RED CROSS FOR DISASTER RESPONSE OR EMERGENCY AND TO AUTHORIZE CERTAIN STATE OFFICERS AND EMPLOYEES TO PARTICIPATE IN AMERICAN RED CROSS DISASTER RESPONSE OR EMERGENCY RELIEF AT DISASTER OR EMERGENCY SITES WITHIN, OR OUTSIDE THE STATE; TO AMEND SECTION 51-3-60, RELATING TO FREE ADMISSION TO STATE PARKS AND REDUCED RATES FOR USE OF PARK CAMPSITES, SO AS TO EXTEND THESE PRIVILEGES TO POLICE, FIREFIGHTERS, AND EMERGENCY MEDICAL TECHNICIANS AND PARAMEDICS; BY ADDING SECTION 59-149-25 SO AS TO PROVIDE THAT IN-STATE RESIDENTS ARE ELIGIBLE FOR LIFE SCHOLARSHIPS WITHOUT THE NECESSITY OF MEETING ANY ACADEMIC QUALIFICATIONS EXCEPT FOR THE NECESSITY OF BEING ACCEPTED UNDER APPLICABLE ADMISSION REQUIREMENTS OF THE STATE INSTITUTION THEY ARE TO ATTEND IF ONE OF THEIR PARENTS OR LEGAL GUARDIANS DIED AS A RESULT OF THE TERRORIST ATTACKS ON SEPTEMBER 11, 2001, AND TO PROVIDE THE REQUIREMENTS AND PROCEDURES TO QUALIFY FOR THESE SCHOLARSHIPS; BY ADDING SECTION 53-3-150 SO AS TO DESIGNATE THE ELEVENTH DAY OF SEPTEMBER OF EACH YEAR AS A STATE DAY OF REMEMBRANCE TO THE VICTIMS OF THE SEPTEMBER 11, 2001 TERRORIST ATTACKS AND TO THE COURAGEOUS ACTIONS OF ALL LAW ENFORCEMENT OFFICERS AND RESCUE WORKERS; TO AMEND SECTION 59-1-443, RELATING TO SCHOOLS PROVIDING A MINUTE OF MANDATORY SILENCE AT THE BEGINNING OF EACH SCHOOL DAY, SO AS TO PROVIDE THAT SCHOOLS INSTEAD SHALL PROVIDE FOR A DAILY OBSERVANCE OF ONE MINUTE OF VOLUNTARY SILENT PRAYER, MEDITATION, OR OTHER SILENT ACTIVITY; BY ADDING SECTION 59-1-460 SO AS TO REQUIRE PRINCIPALS AND TEACHERS IN PUBLIC ELEMENTARY AND SECONDARY SCHOOLS TO DISPLAY THE MOTTO OF THE UNITED STATES OF AMERICA IN EACH CLASSROOM, SCHOOL AUDITORIUM, AND CAFETERIA.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act is known and may be cited as the South Carolina "Omnibus Terrorism Protection and Homeland Defense Act of 2002".
SECTION 2. The 1976 Code is amended by adding:
"Section 16-3-1100. (A) For purposes of this section:
(1) 'Material support or resources' means currency or other financial securities, financial services, fundraising, lodging, training, safe houses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, and other physical assets, except medicine or religious materials.
(2) 'Anti-terrorist law' means:
(a) Section 32, 37, 81, 175, 351, 831, 842(m) or (n), 844(f) or (i), 930(c), 956, 1114, 1116, 1203, 1361, 1362, 1363, 1366, 1751, 1992, 2155, 2156, 2280, 2281, 2332, 2332a, 2332b, 2332c, or 2340A of Title 18 of the United States Code in force on the effective date of this section;
(b) Section 46502 of Title 49 of the U. S. Code, in force on the effective date of this section; and
(c) a law of this State relating to the prevention, suppression, and punishment of terrorists or terrorists activities.
(3) 'Terrorist organization' means an organization designated as a terrorist organization under Section 219 of the Immigration and Nationality Act.
(B) It is unlawful for a person to provide material support or resources or to conceal or disguise the nature, location, source, or ownership of material support or resources, knowing or intending that they are to be used:
(1) in preparation for, or in carrying out, a violation of an anti-terrorist law;
(2) in preparation for, or in carrying out, the concealment or an escape from the commission of a violation of an anti-terrorist law; or
(3) in support of a foreign terrorist organization, a member of a foreign terrorist organization, or a person who aids, abets, or supports a foreign terrorist organization.
(C) A person who violates this section is guilty of a felony and, upon conviction, must be fined not less than ten thousand dollars nor more than one hundred thousand dollars, or imprisoned not more than ten years, or both."
SECTION 3. Section 16-3-20(C)(a)(1) of the 1976 Code, as last amended by Act 317 of 1996, is further amended to read:
"(1) The murder was committed while in the commission of the following crimes or acts:
(a) criminal sexual conduct in any degree;
(b) kidnapping;
(c) burglary in any degree;
(d) robbery while armed with a deadly weapon;
(e) larceny with use of a deadly weapon;
(f) killing by poison;
(g) drug trafficking as defined in Section 44-53-370(e), 44-53-375(B), 44-53-440, or 44-53-445;
(h) physical torture; or
(i) dismemberment of a person; or
(j) violations of anti-terrorism laws."
SECTION 4. Section 16-16-20(1) of the 1976 Code, as last amended by Act 81 of 2001, is further amended to read:
"(1) It is unlawful for a person to wilfully, knowingly, maliciously, and without authorization or for an unauthorized purpose to do any of the following:
(a) directly or indirectly access or cause to be accessed a computer, computer system, or computer network for the purpose of:
( i) devising or executing any scheme or artifice to defraud;
(ii) obtaining money, property, or services by means of false or fraudulent pretenses, representations, promises; or
(iii) committing any other crime.
(b) alter, damage, destroy, or modify a computer, computer system, computer network, computer software, computer program, or data contained in such computer, computer system, computer program, or computer network.;
(c) introduce a computer virus, computer worm, or another damaging program into a computer system."
SECTION 5. Section 16-23-750 of the 1976 Code, as added by Act 237 of 2000, is amended to read:
"Section 16-23-750. A person who communicates a threat or conveys false information, knowing the information to be false, concerning an attempt or alleged attempt being made or to be made to kill, injure, or intimidate any person or to damage or destroy any building or other real or personal property by means of an explosive, incendiary, or destructive device or who aids, agrees with, employs, or conspires with any person to do or cause to be done any of the acts in this section, is guilty of a felony and, upon conviction, for a first offense must be imprisoned for not less than one year nor more than ten years. For a second or subsequent offense, the person must be imprisoned for not less than five years nor more than fifteen years. A sentence imposed for a violation of this section must not be suspended and probation must not be granted.
In addition to the penalties provided for a violation of this section, the presiding judge shall order the offender to make full restitution for the cost of responding to or dealing with the threatened use of or falsely conveyed information relating to the threatened use of such devices. This restitution shall include, but not be limited to, the cost of law enforcement officials or other public officials responding to the threat at the particular location, the cost of removing people or property from the location, and the cost of any physical damage to the buildings or property, at the location. The court in its order shall specify the public or private individuals or entities to which such restitution shall be made. Nothing in this section precludes an injured party from instituting an action for damages resulting from a violation of this section."
SECTION 6. Article 7, Chapter 23, Title 16 of the 1976 Code is amended by adding:
"Section 16-23-780. (A) For purposes of this section:
(1) 'Additional imprisonment' means imprisonment for a specified number of years, for any number of years, or for life imprisonment, including life imprisonment without parole, in addition to the maximum period of imprisonment that may be imposed for a specific offense under this article.
(2) 'Biological attack' means the use of disease producing microorganisms, toxic biological products, or organic biocides to cause death or injury to humans, animals, or plants.
(3) 'International terrorism' means 'international terrorism' as defined in 18 U.S. Code, Section 2331, that:
(a) involve violent acts or acts dangerous to human life that are a violation of the criminal laws of the United States or this State, or that would be a criminal violation if committed within the jurisdiction of the United Sates or this State;
(b) appear to be intended:
( i) to intimidate or coerce a civilian population;
( ii) to influence the policy of a government by intimidation or coercion; or
(iii) to affect the conduct of a government by assassination or kidnapping; and
(c) occur primarily in this State or outside the territorial jurisdiction of the United States with a significant contact in or with this State, or transcend the boundaries of this State or national boundaries in terms of the means by which they are accomplished, the persons they appear intended to intimidate or coerce, or the locale in which their perpetrators operate or seek asylum.
(4) 'Terrorism' means a violation of an anti-terrorist law as defined in Section 16-3-1100(A)(2).
(B) Notwithstanding any other provision of law, the maximum term of additional imprisonment that may be imposed for an offense involving a biological attack:
(1) if committed incident to or to facilitate a drug trafficking crime is fifteen years in addition to the maximum imprisonment that may be imposed for the specific offense; and
(2) if committed incident to or to facilitate an act of terrorism or international terrorism is imprisonment for any number of years, or life imprisonment without parole, in addition to the maximum imprisonment that may be imposed for the specific offense."
SECTION 7. Article 7, Chapter 23 of Title 16 of the 1976 Code is amended by adding:
"Section 16-23-790. (A) It is unlawful for a person to knowingly infect, damage, contaminate, harm, or destroy a plot, field, or tract of land, a stream, pond, lake, or body of water, a crop, plant, or vegetation, livestock, wildlife, or fish, by means of the direct or indirect use of a biological, chemical, or nuclear weapon of mass destruction, or by the direct or indirect use of a biological, chemical, or nuclear agent or substance, with the intent of causing economic or physical harm to a person, or damage to a field, tract or plot of land, crop, stream, body of water, or to any other real or personal property or the environment.
(B) A person who violates a provision of this section is guilty of a felony and, upon conviction, must be punished by a fine of not less than one thousand nor more than one hundred thousand dollars, or imprisoned for not less than five years nor more than thirty years, or both.
(C) In addition to the penalties prescribed by this section, the sentencing court may require a person convicted under this section to make full restitution to a person damaged by his action in the amount of all ascertainable present and future damages caused by his action."
SECTION 8. Chapter 23 of Title 16 of the 1976 Code is amended by adding:
Section 16-23-910. (A) For purposes of this article:
(1) 'Nuclear, biological, or chemical weapon of mass destruction' means:
(a) a weapon, device, or method that is designed or has the capability to cause death, serious injury, sickness, or disease through the release, dissemination, or impact of:
( i) a nuclear blast, heat, radiation, or radioactivity;
(ii) a disease organism; or
(iii) toxic or poisonous chemicals or their immediate precursors.
(b) a substance that is designed or has the capability to cause death, serious injury, sickness, or disease and:
( i) is or contains radiation or radioactivity;
(ii) is or contains a disease organism; or
(iii) is or contains toxic or poisonous chemicals or their immediate precursors.
(c) a combination of parts or substances either designed or intended for use in converting any device or substance into a nuclear, biological, or chemical weapon of mass destruction or from which a nuclear, biological, or chemical weapon of mass destruction may be created or assembled;
(d) 'Nuclear, biological, or chemical weapon of mass destruction' does not include:
( i) nuclear, biological, or chemical material or a device which is neither designed nor redesigned for use as a weapon; or
(ii) nuclear, biological, or chemical material or a device, although originally designed for use as a weapon, which is redesigned for peaceful purposes or use other than as a weapon.
(2) 'Biological agent' means any microorganism, virus, infectious substance, or biological product that may be engineered as a result of biotechnology, or any naturally occurring or bioengineered component of any such microorganism, virus, infectious substance, or biological product, capable of causing:
(a) death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism;
(b) deterioration of food, water, equipment, supplies, or material of any kind; or
(c) deleterious alteration of the environment.
(3) 'Toxin' means the toxic material of plants, animals, microorganisms, viruses, fungi, or infectious substances, or a recombinant molecule, whatever its origin or method of production, including:
(a) any poisonous substance or biological product that may be engineered as a result of biotechnology produced by a living organism; or
(b) any poisonous isomer or biological product, homologue, or derivative of such a substance.
(4) 'Delivery system' means:
(a) any apparatus, equipment, device, or means of delivery specifically designed to deliver or disseminate a biological agent, toxin, or vector; or
(b) any vector.
(5) 'For use as a weapon' does not include the development, production, transfer, acquisition, retention, or possession of a biological agent, toxin, or delivery system for prophylactic, protective, or other peaceful purposes.
(6) 'Vector' means a living organism or molecule, including a recombinant molecule, or biological product that may be engineered as a result of biotechnology, capable of carrying a biological agent or toxin to a host.
(B) It is unlawful for a person to knowingly develop, produce, stockpile, transfer, acquire, retain, or possess a biological agent, toxin, or delivery system for use as a weapon, or to attempt, threaten, conspire, or knowingly assist another person, a foreign state, or any organization to do so.
Section 16-23-920. (A) Except as expressly authorized or permitted by law, it is unlawful for any person to knowingly manufacture, assemble, possess, store, transport, sell, offer to sell, purchase, offer to purchase, deliver, give to another, acquire, use, threaten to use, or attempt to use:
(1) a nuclear, biological, or chemical weapon of mass destruction; or
(2) a device designed to intentionally release or permit the intentional release of harmful nuclear, biological, or chemical material into the population or environment in a manner not authorized by law; or
(3) a device, or nuclear, biological, chemical or other substance, the development, production, or stockpiling of which is prohibited by the 'Convention of the Prohibition of the Development, Production, and Stockpiling of Bacteriological (Biological) and Toxin Weapons and their Destruction', 26 U.S.T. 583, TIAS 8063.
(B) It is unlawful for a person to knowingly develop, produce, stockpile, acquire, retain, transfer, or possess a biological agent, toxin, or delivery system for use as a weapon, or to attempt, threaten, conspire, or knowingly assist, aid, or abet another person, a foreign state, or any organization to do so.
(C) A person who violates any provision of this section is guilty of a felony and, upon conviction, must be fined in an amount not less than ten thousand dollars nor more than one million dollars as determined by the court or imprisoned for a period of any number of years including life imprisonment without parole, or both.
Section 16-23-930. (A) The unlawful killing of a person by means of a nuclear, biological, or chemical weapon of mass destruction or by means of a biological agent or toxin is murder. A person who commits murder by means of a nuclear, biological, or chemical weapon of mass destruction or by means of a biological agent or toxin is guilty of a felony and, upon conviction, must be punished by death or life imprisonment without parole as the court shall determine pursuant to Article 1, Chapter 3, Title 16.
(B) A person who unlawfully and wilfully injures another by the use of a nuclear, biological, or chemical weapon of mass destruction or by means of a biological agent or toxin is guilty of a felony and, upon conviction, may be sentenced to imprisonment for any number of years, or to life imprisonment without parole.
(C) A person who attempts, solicits another, or conspires to injure another by the use of a nuclear, biological, or chemical weapon of mass destruction or by means of a biological agent or toxin is guilty of a felony and, upon conviction, may be sentenced to imprisonment for any number of years, or to life imprisonment without parole.
(D) A person who threatens, attempts to threaten, solicits another to threaten, or conspires to threaten to injure another by the use of a nuclear, biological, or chemical weapon of mass destruction or by means of a biological agent or toxin so as to reasonably cause terror or fear in another or as an act of terrorism is guilty of a felony and, upon conviction, may be sentenced to imprisonment for any number of years, or to life imprisonment without parole.
(E) A person who for the purpose of violating any provision of this article, knowingly deposits for delivery or attempts to have delivered, a nuclear, biological, or chemical weapon of mass destruction or by means of a biological agent or toxin by the United States Postal Service or another public or private business engaged in the delivery of mail, packages, or parcels is guilty of a felony and, upon conviction, may be sentenced to imprisonment for any number of years, or to life imprisonment without parole.
Section 16-23-940. (A) A person who by any means of communication to another person or group of persons makes a report, knowing or having reason to know the report is false, that causes any person to reasonably believe that there is located at any place or structure whatsoever a nuclear, biological, or chemical weapon of mass destruction or by means of a biological agent or toxin is guilty of a felony and, upon conviction, must be fined not less than ten thousand dollars nor more than one hundred thousand dollars, or imprisoned for not more than twenty-five years, or both.
(B) The sentencing court may order a person convicted under this section to pay restitution, including costs and consequential damages resulting from disruption of the normal activity that would have otherwise occurred but for the false report.
(C) For purposes of this section, 'report' includes but is not limited to information or a report made accessible to another person by computer.
Section 16-23-950. (A) Any person who, with intent to perpetrate a hoax, conceals, places, or displays any device, object, machine, instrument, or artifact, so as to cause any person reasonably to believe the same to be a nuclear, biological, or chemical weapon of mass destruction or by means of a biological agent or toxin is guilty of a felony and, upon conviction, must be fined not less than ten thousand dollars nor more than one hundred thousand dollars, or imprisoned for not more than twenty-five years, or both.
(B) The sentencing court may order a person convicted under this section to pay restitution, including costs and consequential damages resulting from disruption of the normal activity that would have otherwise occurred but for the hoax.
Section 16-23-960. Notwithstanding another law, a person who knowingly or intentionally commits an offense involving a nuclear, biological, or chemical weapon of mass destruction or who violates a provision of this article must be charged and prosecuted under this article and, if convicted, sentenced in accordance with this article.
Section 16-23-970. The prohibitions of this article do not apply to:
(1) officers and enlisted personnel of the armed forces of the United States with respect to any lawful activity while under orders or engaged in the performance of their duties;
(2) officers and enlisted personnel of the militia or national guard with respect to any lawful activity while under orders or engaged in the performance of their duties;
(3) civil and law enforcement officers of the United States while in the discharge of their official duties;
(4) civil and law enforcement officers of the State, its agencies and instrumentalities, or of a county or municipality while in the discharge of their official duties;
(5) a person under contract with, or working under the direction of, the United States, the State of South Carolina, or an agency of either government, with respect to an activity lawfully engaged in under contract or pursuant to lawful direction;
(6) a person lawfully engaged in research or another activity related to development, production, manufacture, assembly, possession, transport, sale, purchase, delivery or acquisition of a biological agent, disease organism, toxic or poisonous chemical, radioactive substance, or their immediate precursors, for preventive, protective, medical, or another lawful purpose;
(7) a person lawfully engaged in an accepted agricultural, horticultural, or forestry practice, aquatic weed control, or structural pest and rodent control, in a manner approved by the federal, state, county, or local agency charged with regulatory authority and control over the activity.
Section 16-23-980. All state, county, and municipal law enforcement officers who encounter a known or suspected biological agent, toxin, or delivery system in the course of their employment must immediately report the existence and location of the agent, toxin, or system to the State Law Enforcement Division for purposes of disseminating the information to law enforcement agencies, and to the appropriate state and local public health officials for purposes of enabling public health officials to assess the nature and extent of the threat of the biological agent, toxin, or delivery system to public health.
Section 16-23-990. In addition to the penalties provided for a violation of this article, the presiding judge shall order a person convicted of violating a provision of this article to make full restitution for damages caused to another person, to a person's real or personal property, choses in action, and other interests, and for the cost of responding to or dealing with the use, threatened use of, or falsely conveyed information relating to the use or threatened use of a nuclear, biological, or chemical weapon of mass destruction or biological agent or toxin. The court in an appropriate order shall specify the cause or items and the amounts for which restitution must be made and shall specify the person or entity who is to make restitution and the public or private person or entity to whom restitution is to be made. Nothing in this section precludes a person injured or whose property is damaged from instituting and maintaining a civil action for damages against a person or entity whose violation of this article resulted in damage to a person, his real or personal property, or to another legally protected interest."
SECTION 9. (A) Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-3545. A taxpayer employed as a law enforcement officer, firefighter, or emergency medical technician by this State or a political subdivision of this State who, as a result of a terrorist act committed within the territory of the United States and in his official capacity is assigned by his superior officer away from his normal duty station for more than five consecutive days is allowed a credit against the tax imposed pursuant to Section 12-6-510 in an amount equal to twenty-five dollars for each day after the first day the taxpayer is so assigned. The maximum credit allowed for any taxable year is one thousand dollars.
A claim for the credit allowed under this section must be accompanied by a certificate of the taxpayer's superior officer detailing the facts of the terrorist incident and documentation of the taxpayer's assignment away from his normal duty station resulting therefrom.
(B) This section applies for taxable years beginning after 2001."
SECTION 10. (A) In addition to the state income tax deduction allowed for the compensation received from the United States or any state for service in a state National Guard or a reserve component of the Armed Forces of the United States pursuant to Section 12-6-1120(7) of the 1976 Code, all compensation and benefits otherwise subject to the tax imposed pursuant to Section 12-6-510 of the 1976 Code are excluded from the South Carolina gross income of reservists and members of the National Guard if:
(1) in the case of members of the National Guard, the taxpayer serves in a unit federalized for duty in "Operation Enduring Freedom" or "Operation Noble Eagle", or both, and performs such duty; and
(2) in the case of a reservist, the taxpayer is called to active duty pursuant to "Operation Enduring Freedom" or "Operation Noble Eagle", or both, and performs such duty.
(B) This section applies for taxable years beginning after 2000.
SECTION 11. (1) Article 1, Chapter 5, Title 39 of the 1976 Code is amended by adding:
"Section 39-5-145. (A) As used in this section:
(1) 'Commodity' means goods, services, materials, merchandise, supplies, equipment, resources, or other articles of commerce, and includes, without limitation, food, water, ice, chemicals, petroleum products, and lumber essential for consumption or use as a direct result of a declared state of emergency.
(2)(a) 'Unconscionable price' means an amount charged, which:
(i) represents a gross disparity between the price of the commodity or rental or lease of a dwelling unit, including a motel or hotel unit or other temporary lodging, or self-storage facility that is the subject of the offer or transaction and the average price at which that commodity or dwelling unit, including a motel or hotel unit or other temporary lodging, or self-storage facility was rented, leased, sold, or offered for rent or sale in the usual course of business during the thirty days immediately before a declaration of a state of emergency, and the increase in the amount charged is not attributable to additional costs incurred in connection with the rental or sale of the commodity or rental or lease of the dwelling unit, including a motel or hotel unit or other temporary lodging, or self-storage facility, or national or international market trends; or
(ii) grossly exceeds the average price at which the same or similar commodity, dwelling unit, including a motel or hotel unit or other temporary lodging, or self-storage facility was readily obtainable in the trade area during the thirty days immediately before a declaration of a state of emergency, and the increase in the amount charged is not attributable to additional costs incurred in connection with the rental or sale of the commodity or rental or lease of the dwelling unit, including a motel or hotel unit or other temporary lodging, or self-storage facility, or national or international market trends.
(b) It is prima facie evidence that a price is unconscionable if it meets the definition of item (i) or (ii).
(B)(1) Upon a declaration of a state of emergency by the Governor, it is unlawful and a violation of this article for a person or his agent or employee to:
(a) rent or sell or offer to rent or sell a commodity at an unconscionable price within the area for which the state of emergency is declared; or
(b) impose unconscionable prices for the rental or lease of a dwelling unit, including a motel or hotel unit or other temporary lodging, or self-storage facility within the area for which the state of emergency is declared.
(2) This prohibition remains in effect until the declaration expires or is terminated.
(C)(1) Upon a declaration of a state of disaster by the President, it is unlawful and a violation of this article for a person or his agent or employee in this State to:
(a) rent or sell or offer to rent or sell a commodity at an unconscionable price within the area for which the state of disaster is declared; or
(b) impose unconscionable prices for the rental or lease of a dwelling unit, including a motel or hotel unit or other temporary lodging, or self-storage facility within the area for which the state of disaster is declared.
(2) This prohibition remains in effect until the declaration expires or is terminated.
(D) A price increase approved by an appropriate government agency is not a violation of this section.
(E) This section does not apply to sales by growers, producers, or processors of raw or processed food products, except for retail sales of those products to the ultimate consumer within the area of the declared state of emergency or disaster.
(F) This section does not preempt the powers of local government, except that the evidentiary standards contained in this section are the sole evidentiary standards to be adopted by ordinance of a local government to restrict price gouging during a declared state of emergency or disaster.
(G) In addition to all other remedies provided in this article the court may impose a civil penalty of not more than one thousand dollars for each violation, with an aggregate total not to exceed twenty-five thousand dollars for a twenty-four-hour period, against a person who violates the provisions of this section. Penalties collected pursuant to this subsection accrue to the enforcing authority to further consumer enforcement efforts.
(H) In addition to all other remedies provided in this article, a person who wilfully violates this section is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than thirty days."
(2) Article 1, Chapter 5, Title 39 of the 1976 Code is amended by adding:
"Section 39-5-147. (A) Upon a declaration of a state of emergency by the Governor, it is unlawful and a violation of this article for a person or his agent or employee to solicit the contribution or sale of goods or services for charitable purposes by any manner, means, practice, or device that is knowingly and wilfully misleading.
(B) Upon a declaration of disaster by the President, it is unlawful and a violation of this article for a person or his agent or employee to solicit in this State the contribution or sale of goods or services for charitable purposes by any manner, means, practice, or device that is knowingly and wilfully misleading.
(C) These prohibitions remain in effect until the declaration of emergency or disaster expires or is terminated.
(D) In addition to all other remedies provided in this article the court may impose a civil penalty of not more than one thousand dollars for each violation, with an aggregate total not to exceed twenty-five thousand dollars for a twenty-four-hour period, against a person who violates the provisions of this section. Penalties collected pursuant to this subsection accrue to the enforcing authority to further consumer enforcement efforts.
(E) In addition to all other remedies provided in this article, a person who wilfully violates this section is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than thirty days."
(3) Section 16-7-10 of the 1976 Code is amended to read:
"Section 16-7-10. (A) In any area designated by the Governor in his proclamation that a state of emergency exists, and during the duration of such the proclamation, it shall be is unlawful for a person to:
(1)(a) For any person to violate a provision set forth in the proclamation;
(b) for any person to violate the provisions of any a curfew established by the proclamation;
(c) for any unauthorized persons to congregate, except unless authorized or in their homes, in groups of three or more and to refuse to disperse upon order of any law-enforcement a law enforcement officer; or
(d) for any person to willfully wilfully fail or refuse to comply with any order or direction of any law-enforcement a law enforcement officer.
Any A person violating the provisions a provision of this section item shall be deemed is guilty of a misdemeanor and, upon conviction, shall must be fined not more than one hundred dollars or be imprisoned for not more than thirty days.
(b)(2)(a) For any person to enter into the property of another, without lawful authority and with criminal intent;
(b) to damage the property of another; or
(c) to take possession or otherwise disturb the property of another in any manner.
Any of such acts shall constitute the offense A person violating a provision of this item is guilty of looting, and any person convicted thereof shall be guilty of a felony and, upon conviction, shall must be punished by a fine or imprisonment fined or imprisoned, or both, in the discretion of the court.
(3) Charge unconscionable prices during a declared state of emergency or disaster, as described in Section 39-5-145, or knowingly and wilfully to use a misleading practice or device to solicit the contribution or sale of goods or services for charitable purposes in connection with a declared state of emergency or disaster, as described in Section 39-5-147.
(B) Penalties provided in this article are cumulative of and in addition to those provided in Sections 39-5-145 and 39-5-147."
(4) Section 33-56-120 of the 1976 Code, as last amended by Act 336 of 2000, is further amended by adding:
"(G) A person may not knowingly or wilfully use a misleading practice or device to solicit the contribution or sale of goods or services for a charitable purpose in connection with a declared state of emergency or disaster as described in Section 39-5-147. Penalties provided in this chapter are cumulative of and in addition to those provided in Section 39-5-147."
SECTION 12. Section 51-3-60 of the 1976 Code is amended to read:
"Section 51-3-60. (A) Any A South Carolina resident who is over sixty-five years of age or disabled or legally blind as defined in Section 43-25-20 of the 1976 Code may use any facility of a state park except campsites, overnight lodging, and recreation buildings without charge. Such These residents also may also use campsite facilities at one-half of the prescribed fee. A person exercising this privilege on the basis of age shall present his medicare card or other card approved by the South Carolina Commission on Aging to the employee of the State Department of Parks, Recreation and Tourism who is in charge of the particular state park, and a person who is disabled or legally blind shall present to such the person in charge of the park a certificate to that effect from a licensed doctor of medicine or an official of an agency authorized by law to make determinations of disability or blindness.
(B) The authorization for use of the facilities as provided by this section shall is not be effective if it conflicts with any federal law, rule, or regulation.
(C) The term For purposes of this section, 'disabled' as used herein shall mean means the inability to perform substantial gainful employment by reason of a medically-determinable impairment, either physical or mental, which has lasted or is expected to last for a continuous period of twelve months or more.
(D) Any A South Carolina resident who is a veteran and who has been classified by the Veterans Administration as permanently and totally disabled also may also enter any a state park without charge upon presentation to the person in charge of the park of an identification card from the county veterans affairs officer stating the veteran's permanent and total disability. A statement of age or disability may not be made for any a person whose age and disability records are not maintained in the veterans affairs office at which the request is made.
(E) The privileges provided for in this section are also extended to South Carolina residents who are police officers, firefighters, and emergency medical technicians and paramedics. To exercise this privilege:
(1) a police officer must present his or her law enforcement badge;
(2) a firefighter must present his or her firefighter's badge;
(3) an emergency medical technician or paramedic must present his or her emergency medical technician or paramedic certificate."
SECTION 13. The 1976 Code is amended by adding:
"Section 59-149-25. In-state residents are eligible for LIFE Scholarships without the necessity of meeting any academic qualifications of this chapter except for the necessity of being accepted under applicable admission requirements of the state institution they are to attend if one of their parents or legal guardians died as a result of the terrorist attacks on the World Trade Center Towers in New York City on September 11, 2001, or as a result of the attacks on the Pentagon in Washington, D. C., or the airplane hijacking which crashed in Pennsylvania on the same date. For this purpose, the term 'eligible resident student' or any variation as used in this chapter shall include these students. The Commission on Higher Education shall require such verification of the qualifications of these students including the circumstances or proof of the death of one of their parents or legal guardians as it considers necessary."
SECTION 14. The 1976 Code is amended by adding:
"Section 8-1-200. (A) As used in this section, 'in any one year' means either a calendar year or, in the case of members required to attend required disaster response training or perform disaster response, emergency, or other duties within or on a fiscal year basis, the fiscal year of the agency or political subdivision employing the officer or employee.
(B) All officers and employees of this State or a political subdivision of this State who are either trained for disaster response or emergency relief by the American Red Cross or whose services are volunteered to, accepted by, and utilized by the American Red Cross for disaster response or relief at a disaster or emergency site within or without this State, are entitled to leaves of absence from their respective duties without loss of pay, time, or efficiency rating for one or more periods not exceeding an aggregate of fifteen regularly scheduled work days in any one year during which they may engage in training or any other duties ordered, required, or requested by the Governor, the American Red Cross, or any other department or agency of the government of this State or of the United States having authority to issue requests or lawful orders requiring disaster response or emergency relief services. Saturdays, Sundays, and state holidays may not be included in the fifteen-day aggregate unless the particular Saturday, Sunday, or holiday to be included is a regularly scheduled work day for the officer or employee involved. If a person is called upon to serve during an emergency, he is entitled to a leave of absence not exceeding thirty additional days.
(C) The provisions of this section must be construed liberally to encourage and allow full participation in all aspects of the American Red Cross training programs and to allow state officers and employees to excel in disaster and emergency preparedness and service by taking full advantage of all disaster response and emergency relief assignments and training opportunities."
SECTION 15. The 1976 Code is amended by adding:
"Section 53-3-150. The eleventh day of September of each year is designated as a State Day of Remembrance to the victims of the tragic events of September 11, 2001, and to the selfless and courageous actions of firefighters, police, and other rescue workers who heed the call every day to rescue those in harm's way."
SECTION 16. Section 59-1-443 of the 1976 Code, as added by Act 145 of 1995, is amended to read:
"Section 59-1-443. All schools shall provide for a minute of mandatory silence at the beginning of each school day. In order that the right of every pupil to the free exercise of religion be guaranteed within the schools and that the freedom of each individual pupil be subject to the least possible pressure from the State either to engage in, or to refrain from, religious observation on school grounds, the school board of each school district shall establish in every school under its jurisdiction the daily observance of one minute of silence for voluntary prayer, meditation, or other silent activity.
During the one-minute period of silence, the teacher responsible for each classroom shall ensure that all pupils remain seated and silent and make no distracting display to the end that each pupil, in the exercise of his individual choice, may pray, meditate, or engage in any other silent activity which does not interfere with, distract, or impede other pupils in the like exercise of individual choice."
SECTION 17. (A) The 1976 Code is amended by adding:
"Section 59-1-460. Principals and teachers in each public elementary and secondary school in this State shall display on an appropriately framed background with minimum dimensions of eleven inches by fourteen inches, the following motto of the United States of America in each classroom, school auditorium, and school cafeteria under his or her supervision: 'In God We Trust'."
(B) The provisions of this section apply with respect to school year 2002-2003 and thereafter.
SECTION 18. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release, or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 19. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 20. This act takes effect upon approval by the Governor.
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