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TO AMEND CHAPTER 13, TITLE 24 OF THE 1976 CODE, RELATING TO OFFENSES IN CONNECTION WITH ELECTRONIC MONITORING DEVICES, BY ADDING SECTION 24-13-425 TO PROVIDE THAT IT IS UNLAWFUL FOR ANY PERSON TO KNOWINGLY AND WITHOUT AUTHORITY TO REMOVE, DESTROY, OR CIRCUMVENT THE OPERATION OF AN ELECTRONIC MONITORING DEVICE WHICH IS BEING USED FOR THE PURPOSE OF MONITORING A PERSON, OR TO SOLICIT ANOTHER PERSON TO DO SO, AND TO PROVIDE FOR PENALTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 13, Title 24 of the 1976 Code is amended by adding:
"Section 24-13-425. (A) For purposes of this section, the term 'electronic monitoring device' includes any device ordered by a court or pursuant to any statute that is utilized to track the location of a person.
(B) It is unlawful for any person to knowingly and without authority remove, destroy, or circumvent the operation of an electronic monitoring device which is being used for the purpose of monitoring a person who is:
(1) complying with the Home Detention Act as set forth in Article 15 of Title 24;
(2) wearing an electronic monitoring device as a condition of bond or pretrial release;
(3) wearing an electronic monitoring device as a condition of probation, parole, or community supervision; or
(4) wearing an electronic monitoring device as required by any other provision of law.
(C) It shall be unlawful for any person to knowingly and without authority request or solicit any other person to remove, destroy, or circumvent the operation of an electronic monitoring device which is being used for the purposes described in subsection (B).
(D) Any person who violates the provisions of this section shall be guilty of a felony offense of tampering with the operation of an electronic monitoring device and shall be imprisoned for not more than five years, or fined up to five thousand dollars, or both."
SECTION 2. This act takes effect upon approval by the Governor.
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