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A336, R381, H4982

STATUS INFORMATION

General Bill
Sponsors: Rep. G.M. Smith
Document Path: l:\council\bills\ms\7354ahb06.doc
Companion/Similar bill(s): 1351

Introduced in the House on April 13, 2006
Introduced in the Senate on April 26, 2006
Last Amended on May 18, 2006
Passed by the General Assembly on May 25, 2006
Governor's Action: June 2, 2006, Signed

Summary: Reserve police officers

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   4/13/2006  House   Introduced and read first time HJ-2
   4/13/2006  House   Referred to Committee on Judiciary HJ-2
   4/20/2006  House   Recalled from Committee on Judiciary HJ-46
   4/21/2006          Scrivener's error corrected
   4/25/2006  House   Read second time HJ-111
   4/26/2006  House   Read third time and sent to Senate HJ-25
   4/26/2006  Senate  Introduced and read first time SJ-18
   4/26/2006  Senate  Referred to Committee on Judiciary SJ-18
   4/26/2006  Senate  Referred to Subcommittee: Sheheen (ch), Ford, Knotts
   5/17/2006  Senate  Committee report: Favorable Judiciary SJ-24
   5/18/2006  Senate  Amended SJ-73
   5/18/2006  Senate  Read second time SJ-73
   5/19/2006          Scrivener's error corrected
   5/23/2006  Senate  Read third time and returned to House with amendments 
                        SJ-11
   5/25/2006  House   Concurred in Senate amendment and enrolled HJ-45
   5/31/2006          Ratified R 381
    6/2/2006          Signed By Governor
    6/9/2006          Copies available
    6/9/2006          Effective date 06/02/06
   6/16/2006          Act No. 336

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

4/13/2006
4/20/2006
4/21/2006
5/17/2006
5/18/2006
5/19/2006

(A336, R381, H4982)

AN ACT TO AMEND SECTION 16-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL CARRYING OF A HANDGUN, SO AS TO INCLUDE IN THE EXCEPTIONS TO THE OFFENSE RESERVE POLICE OFFICERS OF A STATE AGENCY; TO AMEND SECTION 23-28-30, AS AMENDED, RELATING TO TRAINING COURSE REQUIREMENTS FOR RESERVE UNITS, SO AS TO PROVIDE THAT ADDITIONAL TRAINING MAY BE PRESCRIBED BY THE ENTITY HAVING A RESERVE UNIT UNDER CERTAIN CIRCUMSTANCES; AND TO AMEND SECTION 16-23-30, AS AMENDED, RELATING TO THE UNLAWFUL SALE OR DELIVERY OF A HANDGUN, SO AS TO DELETE THE TERM "HANDGUN" AND REPLACE IT WITH THE TERM "FIREARM".

Be it enacted by the General Assembly of the State of South Carolina:

Unlawful carrying of handgun, exceptions, reserve police officers

SECTION    1.    Section 16-23-20(1) of the 1976 Code, as last amended by Act 294 of 2004, is further amended to read:

"(1)    regular, salaried law enforcement officers, and reserve police officers of a state agency, municipality, or county of the State, uncompensated Governor's constables, law enforcement officers of the federal government or other states when they are carrying out official duties while in this State, deputy enforcement officers of the Natural Resources Enforcement Division of the Department of Natural Resources, and retired commissioned law enforcement officers employed as private detectives or private investigators;"

Reserve police officers, additional training

SECTION    2.    Section 23-28-30 of the 1976 Code, as last amended by a 2006 act bearing ratification number R.311, is further amended by adding an undesignated paragraph at the end to read:

"Nothing in this chapter prevents the entity having a reserve unit from prescribing additional training, subject to the approval of the South Carolina Criminal Justice Academy Division of the Department of Public Safety."

Savings clause

SECTION    3.    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.

Unlawful sale or delivery of handgun, technical

SECTION    4.    Section 16-23-30(A)(4) of the 1976 Code, as last amended by Act 294 of 2004, is further amended to read:

"(4)    a person who by order of a circuit judge or county court judge of this State has been adjudged unfit to carry or possess a firearm, such adjudication to be made upon application by any police officer, or by any prosecuting officer of this State, or sua sponte, by the court, but a person who is the subject of such an application is entitled to reasonable notice and a proper hearing prior to any such adjudication."

Time effective

SECTION    5.    This act takes effect upon approval by the Governor.

Ratified the 31st day of May, 2006.

Approved the 2nd day of June, 2006.

This web page was last updated on Friday, December 4, 2009 at 3:53 P.M.