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COMMITTEE REPORT
March 28, 2007
S. 338
S. Printed 3/28/07--S.
Read the first time January 24, 2007.
To whom was referred a Bill (S. 338) to amend the Code of Laws of South Carolina, 1976, by adding Section 16-11-400 so as to create the offense of tampering with, altering, damaging, or destroying, 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 SECTION 1 in its entirety and inserting:
/ SECTION 1. Article 5, Chapter 11, Title 16 of the 1976 Code is amended by adding:
"Section 16-11-400. (A) For the purposes of this section, the term 'security device' means:
(1) alarm systems including, but not limited to, burglar alarms and other types of intrusion alarms or access control systems;
(2) metal detectors;
(3) x-ray machines used for security purposes;
(4) surveillance equipment including, but not limited to, audio, video, or computer recording equipment; and
(5) other electrical or battery powered devices used for the purpose of deterring theft or damage to personal or business property.
(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 tamper with, alter, damage, or destroy a security device as defined in subsection (A).
(C) A person who violates the provisions of this section, with the intent to commit a criminal offense or with the intent to facilitate the commission of a criminal offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than one year, or both." /
Renumber sections to conform.
Amend title to conform.
C. BRADLEY HUTTO for Committee.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-400 SO AS TO CREATE THE OFFENSE OF TAMPERING WITH, ALTERING, DAMAGING, OR DESTROYING A SECURITY DEVICE, TO DEFINE THE TERM "SECURITY DEVICE", AND TO PROVIDE A PENALTY FOR THE OFFENSE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 5, Chapter 11, Title 16 of the 1976 Code is amended by adding:
"Section 16-11-400. (A) For the purposes of this section, the term 'security device' means:
(1) alarm systems including, but not limited to, burglar alarms and other types of intrusion alarms or access control systems;
(2) metal detectors;
(3) x-ray machines used for security purposes;
(4) surveillance equipment including, but not limited to, audio, video, or computer recording equipment; and
(5) other electrical devices used for the purpose of deterring theft or damage to personal or business property.
(B) It is unlawful for a person to tamper with, alter, damage, or destroy a security device as defined in subsection (A).
(C) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than one year, or both."
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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