South Carolina General Assembly
118th Session, 2009-2010

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Bill 4191


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

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-3-955 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO POSSESS A WIRELESS COMMUNICATIONS DEVICE ON THE PREMISES OF A DEPARTMENT OF CORRECTIONS FACILITY UNDER CERTAIN CIRCUMSTANCES AND TO GIVE OR SELL A WIRELESS COMMUNICATIONS DEVICE OR ITS COMPONENTS TO AN INMATE OR TO A PERSON FOR DELIVERY TO AN INMATE, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.

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

SECTION    1.    Article 9, Chapter 3, Title 24 of the 1976 Code is amended by adding:

"Section 24-3-955.        (A)    Except as authorized by the Department of Corrections, or as contained in this subsection, it is unlawful for a person to possess a mobile telephone or another wireless communications device on the premises of a Department of Corrections facility. An employee or visitor of a Department of Corrections facility may possess a mobile telephone or another wireless communications device within the confines of a motor vehicle located in a parking area of a correctional facility's premises if the device remains in the vehicle and the vehicle is locked when the employee or visitor has exited the vehicle. A person who violates this provision is guilty of a misdemeanor and, upon conviction, must be imprisoned for not more than one year.

(B)    It is unlawful for a person to knowingly give or sell a mobile telephone or another wireless communications device, or their components to an inmate confined in a Department of Corrections facility or in a local detention facility, or knowingly give or sell a mobile telephone, wireless communications device, or their components to a person who is not an inmate for delivery to an inmate. A person who violates this provision is guilty of a misdemeanor and, upon conviction, must be imprisoned for not more than one year."

SECTION    2.    This act takes effect upon approval by the Governor.

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