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COMMITTEE REPORT
April 21, 2004
S. 286
S. Printed 4/21/04--S.
Read the first time January 29, 2003.
To whom was referred a Bill (S. 286) to amend Chapter 3, Title 16, Code of Laws of South Carolina, 1976, by adding Section 16-3-640, so as to provide for the crime, 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 therein the following:
/ SECTION 1. Article 7, Chapter 3, Title 16 of the 1976 Code is amended by adding:
"Section 16-3-640. (A) A notice must be prominently displayed in each vehicle or conveyance used for the transportation of the public for hire which must state substantially the following: 'IT IS A CRIME TO ASSAULT A DRIVER, OPERATOR, OR EMPLOYEE OF A TRANSPORTATION FACILITY OR SYSTEM ENGAGED IN THE BUSINESS OF TRANSPORTATION FOR HIRE.'
(B) A person commits the offense of interference with the operator of a public transit vehicle if the person interferes with the operation of a public transit vehicle or impairs the ability of the operator to operate the public transit vehicle by:
(1) intentionally, knowingly, or recklessly committing an assault and battery that causes bodily injury to the operator of the public transit vehicle; or
(2) intentionally, knowingly, or recklessly committing an assault and battery that does not cause bodily injury to the operator of the public transit vehicle.
(C) For the purposes of this section, 'public transit vehicle' is any transit vehicle used for the transportation of passengers in return for lawfully charged fees or fares.
(D)(1) Interference with the operator of a public transit vehicle where no bodily injury results from the violation is a misdemeanor and, upon conviction, the violator must be fined not less than one thousand dollars or imprisoned for not more than three years, or both.
(2) Interference with the operator of a public transit vehicle where bodily injury results from the violation is a felony punishable by a fine of not more than ten thousand dollars or imprisonment for not more than ten years, or both."
SECTION 2. This act takes effect upon approval by the Governor and applies to offenses committed on or after the effective date. /
Renumber sections to conform.
Amend title to conform.
THOMAS L. MOORE for Committee.
TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-640, SO AS TO PROVIDE FOR THE CRIME OF INTERFERENCE WITH THE OPERATION OF A PUBLIC TRANSIT OR PASSENGER VEHICLE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 7, Chapter 3, Title 16 of the 1976 Code is amended by adding:
"Section 16-3-640. (A) A notice must be prominently displayed in each vehicle or conveyance used for the transportation of the public for hire which must state substantially the following:
'IT IS A CRIME TO ASSAULT OR HARM OR THREATEN TO ASSAULT OR HARM A DRIVER, OPERATOR, EMPLOYEE, OR PASSENGER OF A TRANSPORTATION FACILITY OR SYSTEM ENGAGED IN THE BUSINESS OF TRANSPORTATION FOR HIRE.'
(B) A person commits the offense of interference with the operator of a public transit vehicle if the person interferes with the operation of a public transit vehicle or impairs the ability of the operator to operate the public transit vehicle by:
(1) intentionally, knowingly, or recklessly causing bodily injury to the operator of the public transit vehicle; or
(2) threatening, by words or conduct, to cause bodily injury to the operator of the public transit vehicle.
(C) For the purpose of this section, 'public transit vehicle' is any transit vehicle used for the transportation of passengers in return for legally charged fees or fares or any taxi.
(D)(1) Interference with the operator of a public transit vehicle where no bodily injury results from the violation is a misdemeanor and, upon conviction, the violator must be fined not less than one thousand dollars or imprisoned for not less than ninety days nor more than three years, or both.
(2) Interference with the operator of a public transit vehicle where bodily injury results from the violation is a felony punishable by a fine of not less than one thousand dollars nor more than ten thousand dollars or imprisonment for not less than one year nor more than ten years, or both."
SECTION 2. This act takes effect upon approval by the Governor.
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