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COMMITTEE REPORT
March 30, 2005
S. 560
S. Printed 3/30/05--S.
Read the first time March 2, 2005.
To whom was referred a Bill (S. 560) to amend the Code of Laws of South Carolina, 1976, by adding Section 16-23-415 so as to provide that it is unlawful to take a weapon or, 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, pages 1 and 2, by striking SECTION 1 in its entirety and inserting:
/ SECTION 1. Article 5, Chapter 23, Title 16 of the 1976 Code is amended by adding:
"Section 16-23-415. (A) An individual who takes a weapon other than a firearm from the person of a law enforcement officer or a corrections officer is guilty of a felony and, upon conviction, must be imprisoned for not more than five years or fined not more than one thousand dollars, or both, if all of the following circumstances exist at the time the weapon is taken:
(1) the individual knows or has reason to believe the person from whom the weapon is taken is a law enforcement officer or a corrections officer;
(2) the law enforcement officer or corrections officer is performing his duties as a law enforcement officer or a corrections officer, or the individual's taking of the weapon is directly related to the law enforcement officer or correction officer's professional responsibilities;
(3) the individual takes the weapon without consent of the law enforcement officer or corrections officer; and
(4) the law enforcement officer or corrections officer is authorized by his employer to carry the weapon in the line of duty.
(B) An individual who takes a firearm from the person of a law enforcement officer or a corrections officer is guilty of a felony and, upon conviction, must be imprisoned for not more than ten years, or fined not more than five thousand dollars, or both, if all of the following circumstances exist at the time the firearm is taken:
(1) the individual knows or has reason to believe the person from whom the weapon is taken is a law enforcement officer or a corrections officer;
(2) the law enforcement officer or corrections officer is performing his duties as a law enforcement officer or a corrections officer, or the individual's taking of the weapon is directly related to the law enforcement officer or correction officer's professional responsibilities;
(3) the individual takes the weapon without consent of the law enforcement officer or corrections officer; and
(4) the law enforcement officer or corrections officer is authorized by his employer to carry the weapon in the line of duty." /
Amend title to conform.
Renumber sections to conform.
JOHN D. HAWKINS for Committee.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-23-415 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO TAKE A WEAPON OR A FIREARM FROM THE LAWFUL POSSESSION OF A LAW ENFORCEMENT OFFICER OR A CORRECTIONS OFFICER UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE PENALTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 5, Chapter 23, Title 16 of the 1976 Code is amended by adding:
"Section 16-23-415. (A) An individual who takes a weapon other than a firearm from the lawful possession of a law enforcement officer or a corrections officer is guilty of a felony and, upon conviction, must be imprisoned for not more than five years or fined not more than one thousand dollars, or both, if all of the following circumstances exist at the time the weapon is taken:
(1) the individual knows or has reason to believe the person from whom the weapon is taken is a law enforcement officer or a corrections officer;
(2) the law enforcement officer or corrections officer is performing his duties as a law enforcement officer or a corrections officer;
(3) the individual takes the weapon without consent of the law enforcement officer or corrections officer; and
(4) the law enforcement officer or corrections officer is authorized by his employer to carry the weapon in the line of duty.
(B) An individual who takes a firearm from the lawful possession of a law enforcement officer or a corrections officer is guilty of a felony and, upon conviction, must be imprisoned for not more than ten years, or fined not more than five thousand dollars, or both, if all of the following circumstances exist at the time the firearm is taken:
(1) the individual knows or has reason to believe the person from whom the weapon is taken is a law enforcement officer or a corrections officer;
(2) the law enforcement officer or corrections officer is performing his duties as a law enforcement officer or a corrections officer;
(3) the individual takes the weapon without consent of the law enforcement officer or corrections officer; and
(4) the law enforcement officer or corrections officer is authorized by his employer to carry the weapon in the line of duty."
SECTION 2. This act takes effect upon approval by the Governor.
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