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AMENDED
April 26, 2001
S. 576
Introduced by Senators Bauer, Ravenel, Grooms, McGill, Branton, Elliott, Peeler, Giese, Leventis, Mescher, McConnell, Short, Courson, Leatherman, Setzler, Wilson, Holland, Ryberg, Reese, Martin, Verdin, Gregory, Thomas, Ritchie, Richardson and Moore
S. Printed 4/26/01--S.
Read the first time April 11, 2001.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1080 SO AS TO ADD AN ADDITIONAL FELONY PENALTY WHEN A PERSON WEARS BODY ARMOR WHEN COMMITTING A CRIME INVOLVING A VIOLENT ACT OR A THREAT OF A VIOLENT ACT AND TO PROVIDE EXCEPTIONS; AND BY ADDING SECTION 16-3-1085 SO AS TO MAKE IT UNLAWFUL FOR A PERSON WHO HAS BEEN CONVICTED OF A VIOLENT CRIME TO PURCHASE, OWN, POSSESS, OR USE BODY ARMOR, TO PRESCRIBE PROCEDURES FOR GAINING AN EXCEPTION FROM THE CHIEF OF POLICE OR COUNTY SHERIFF, TO AUTHORIZE LAW ENFORCEMENT AGENCIES TO ISSUE BODY ARMOR TO A PERSON IN CUSTODY OR TO A WITNESS; AND TO PROVIDE PENALTIES.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 16-3-1080. (A) Except as provided in subsection (B), an person who commits or attempts to commit a violent crime, as defined in Section 16-1-60, or threatens to commit a violent crime, as defined in Section 16-1-60, while wearing body armor is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than two thousand dollars, or both. A term of imprisonment imposed for violating this section may be served consecutively to any term of imprisonment imposed for the crime committed or attempted.
(B) Subsection (A) does not apply to:
(1) a peace officer of this State or another state, or of a local unit of government of this State or another state, or of the United States, while in the performance of his official duties; or
(2) a security officer while in the performance of his official duties.
(C) As used in this section:
(1) 'Body armor' means clothing or a device designed or intended to protect a person's body or a portion of a person's body from injury caused by a firearm;
(2) 'Security officer' means a person lawfully employed to protect another person or to protect the property of another person."
SECTION 2. The 1976 Code is amended by adding:
"Section 16-3-1085. (A)Except as otherwise provided in this section, it is unlawful for a person who has been convicted of a violent crime, as defined in Section 16-1-60, to purchase, own, possess, or use body armor.
(B)(1) A person who has been convicted of a violent crime whose employment, livelihood, or safety is dependent on his ability to purchase, own, possess, or use body armor may petition the chief of police of the local unit of government in which he resides or, if he does not reside in a local unit of government that has a police department, he may petition the county sheriff, for written permission to purchase, own, possess, or use body armor.
(2) The chief of police of a local unit of government or the county sheriff may grant a person who properly petitions the chief of police or county sheriff under subsection (B)(1) written permission to purchase, own, possess, or use body armor as provided in this section if the chief of police or county sheriff determines that the petitioner:
(a) is likely to use body armor in a safe and lawful manner; and
(b) has reasonable need for the protection provided by body armor.
(3) In making the determination required under subsection (B)(1), the chief of police or county sheriff must consider:
(a) the petitioner's continued employment;
(b) the interests of justice; and
(c) other circumstances justifying issuance of written permission to purchase, own, possess, or use body armor.
(4) The chief of police or county sheriff may restrict written permission issued to a petitioner under this section in any manner determined appropriate by that chief of police or county sheriff. If permission is restricted, the chief of police or county sheriff must state the restrictions in the permission document.
(5) Chiefs of police and county sheriffs must exercise broad discretion in determining whether to issue written permission to purchase, own, possess, or use body armor under this section. However, nothing in this section requires a chief of police or county sheriff to issue written permission to any particular petitioner. The issuance of written permission to purchase, own, possess, or use body armor under this section does not relieve any person or entity from criminal liability that might otherwise be imposed.
(6) A person who receives written permission from a chief of police or county sheriff to purchase, own, possess, or use body armor must have the written permission in his possession when he is purchasing, owning, possessing, or using body armor.
(C) A law enforcement agency may issue body armor to a person who is in the custody of a law enforcement agency or a local or state correctional facility or who is a witness to a crime for his protection without a petition being filed under subsection (B). If the law enforcement agency issues body armor to a person under this subsection, the law enforcement agency must document the reasons for issuing the body armor and retain a copy of that document as an official record. The law enforcement agency must issue written permission to the person to possess and use body armor under this section.
(D) A person who violates this section is guilty of:
(1) a felony for a violation of subsection (A) and, upon conviction, must be imprisoned not more than five years or fined not more than two thousand dollars, or both;
(2) a misdemeanor for a violation of subsection (B)(6) and, upon conviction, must be imprisoned not more than ninety days or fined not more than one hundred dollars, or both.
(E) As used in this section 'body armor' means clothing or a device designed or intended to protect a person's body or a portion of a person's body from injury caused by a firearm."
SECTION 3. This act takes effect upon approval by the Governor.
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