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Indicates Matter Stricken
Indicates New Matter
Sponsors: Senators Knotts and Elliott
Document Path: l:\council\bills\ms\7132ahb07.doc
Introduced in the Senate on January 24, 2007
Introduced in the House on April 10, 2007
Last Amended on March 29, 2007
Currently residing in the House Committee on Judiciary
Summary: Communication device and systems
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/24/2007 Senate Introduced and read first time SJ-9 1/24/2007 Senate Referred to Committee on Judiciary SJ-9 1/26/2007 Senate Referred to Subcommittee: Hutto (ch), Jackson, Knotts, Bryant 3/28/2007 Senate Committee report: Favorable with amendment Judiciary SJ-25 3/29/2007 Senate Amended SJ-27 3/29/2007 Senate Read second time SJ-27 4/3/2007 Senate Read third time and sent to House SJ-20 4/10/2007 House Introduced and read first time HJ-16 4/10/2007 House Referred to Committee on Judiciary HJ-16
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VERSIONS OF THIS BILL
COMMITTEE AMENDMENT ADOPTED
March 29, 2007
S. Printed 3/29/07--S.
Read the first time January 24, 2007.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-745 SO AS TO DEFINE "COMMUNICATION DEVICE" AND "COMMUNICATION SYSTEM", TO PROVIDE THAT IT IS UNLAWFUL TO DISABLE, DESTROY, OR INJURE A COMMUNICATION DEVICE OR COMMUNICATION SYSTEM DURING THE COMMISSION OF A CRIME, TO PROVIDE THAT IT IS UNLAWFUL TO OBSTRUCT, IMPEDE, OR IMPAIR THE SERVICE OR TRANSMISSION OF A COMMUNICATION DEVICE OR COMMUNICATION SYSTEM DURING THE COMMISSION OF A CRIME, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 7, Chapter 11, Title 16 of the 1976 Code is amended by adding:
"Section 16-11-745. (A) For purposes of this section:
(1) 'Communication device' means a telegraph, telephone, cell phone, satellite phone, global positioning system, pager, hand-held radio, two-way communication device, beeper, fax machine, computer keyboard, computer, monitor, printer, wireless router, telephone lines, satellite dish, a sound, light or signal receiver, or transmitting device, cable television equipment, or another piece of electronic or associated equipment designed or intended to be used to allow one person to communicate with another person.
(2) 'Communication system' means a telegraph system, a telephone system, a global positioning system, a cable television system, a satellite dish system, an electric utility system, a security system, including a video security system, a computer or electronic mail system, including the Internet or equipment to connect to the Internet, poles, cables, wires, fixtures, antennas, amplifiers, or other apparatus, equipment, or appliances designed or intended to be used to allow one person to communicate with another person, or to send, receive, use, store, or record a message, signal, light, sound, image, or electrical energy.
(B) It is unlawful for a person, with the intent to commit a criminal offense or with the intent to facilitate the commission of a criminal offense, to interrupt, cut, break, disable, destroy, or in another way injure a communication device, a communication system, or any piece, part, or component of a communication device or system.
(C) It is unlawful for a person, with the intent to commit a criminal offense or with the intent to facilitate the commission of a criminal offense, to obstruct, impede, or impair the service or transmission of a communication device or communication system during the commission of a crime, or to facilitate the commission of a criminal offense.
(D) Except as provided in Section 16-11-740 and subsection (E) of this section, a person who violates a provision of this section with the intent to commit or to facilitate the commission of a crime classified as a misdemeanor is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars nor more than five thousand dollars or imprisoned for not more than three years, or both.
(E) A person who violates a provision of this section with the intent to commit or to facilitate the commission of a crime classified as a felony or in which the damage to property protected by this section exceeds five thousand dollars, is guilty of a felony and, upon conviction, must be fined not less than three thousand dollars nor more than twenty-five thousand dollars or imprisoned for not more than ten years, or both.
(F) In addition to the criminal penalties provided in this section, a sentencing court may order a person convicted of a violation of this section to pay restitution to the owner of the property damaged or destroyed in the amount of the actual damages sustained."
SECTION 2. 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 3. This act takes effect upon approval by the Governor.
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