South Carolina General Assembly
117th Session, 2007-2008

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Bill 3059

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

February 6, 2008

H. 3059

Introduced by Reps. M.A. Pitts, Haskins, Umphlett, Mahaffey, Sandifer, Haley and Viers

S. Printed 2/6/08--H.

Read the first time January 9, 2007.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H. 3059) to amend Section 16-17-725, Code of Laws of South Carolina, 1976, relating to giving false information to a law enforcement officer or a member of the, etc., respectfully

REPORT:

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 deleting Section 16-17-725, as contained in SECTION 1, page one, lines 26 through 40, and inserting:

/     "Section 16-17-725.    (A)    It is unlawful for any a person to knowingly make a false complaint, or after notice of a criminal investigation to give false information to any a law enforcement officer concerning the alleged commission of any a crime by another, or for any a person to knowingly give false information to any a rescue squad or fire department concerning the alleged occurrence of a health emergency or fire.

(B)    It is unlawful for a person to misrepresent his identification to a law enforcement officer during a traffic stop or for the purpose of avoiding arrest or criminal charges.

(C)    any A person violating who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine not to exceed fined not more than two hundred dollars or by a term of imprisonment not to exceed imprisoned for not more than thirty days." /

Renumber sections to conform.

Amend title to conform

JAMES H. HARRISON for Committee.

            

A BILL

TO AMEND SECTION 16-17-725, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GIVING FALSE INFORMATION TO A LAW ENFORCEMENT OFFICER OR A MEMBER OF THE FIRE DEPARTMENT OR RESCUE SQUAD, SO AS TO ADD THAT IT IS UNLAWFUL TO GIVE FALSE INFORMATION OR IDENTIFICATION TO A LAW ENFORCEMENT OFFICER FOR THE PURPOSE OF AVOIDING ARREST OR CRIMINAL CHARGES.

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

SECTION    1.    Section 16-17-725 of the 1976 Code is amended to read:

"Section 16-17-725.    (A)    It is unlawful for any a person to knowingly make a false complaint, or after notice of a criminal investigation to give false information to any a law enforcement officer concerning the alleged commission of any a crime by another, or for any a person to knowingly give false information to any a rescue squad or fire department concerning the alleged occurrence of a health emergency or fire.

(B)    It is unlawful for a person to give false information or identification to a law enforcement officer for the purpose of avoiding arrest or criminal charges.

(C)    any A person violating who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine not to exceed fined not more than two hundred dollars or by a term of imprisonment not to exceed imprisoned for not more than thirty days."

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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