South Carolina General Assembly
125th Session, 2023-2024

Download This Bill in Microsoft Word format

H. 4002

STATUS INFORMATION

General Bill
Sponsors: Reps. G.M. Smith, W. Newton, Hiott, Davis, B. Newton, Erickson, Bannister, Haddon, Sandifer, Thayer, Hixon, Carter, Robbins, Blackwell, Forrest and Pope
Document Path: LC-0228CM23.docx

Introduced in the House on February 21, 2023
Introduced in the Senate on May 9, 2023
Last Amended on March 6, 2024
Currently residing in the House

Summary: Department of Corrections

HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
2/21/2023 House Introduced and read first time (House Journal-page 25)
2/21/2023 House Referred to Committee on Judiciary (House Journal-page 25)
2/22/2023 House Member(s) request name added as sponsor: Carter
5/3/2023 House Member(s) request name added as sponsor: Robbins
5/3/2023 House Committee report: Favorable with amendment Judiciary (House Journal-page 92)
5/4/2023 House Member(s) request name added as sponsor: Blackwell, Forrest, Pope
5/4/2023 House Amended (House Journal-page 98)
5/4/2023 House Read second time (House Journal-page 98)
5/4/2023 House Roll call Yeas-106 Nays-0 (House Journal-page 98)
5/4/2023 House Unanimous consent for third reading on next legislative day (House Journal-page 101)
5/5/2023 House Read third time and sent to Senate (House Journal-page 5)
5/8/2023 Scrivener's error corrected
5/9/2023 Senate Introduced and read first time (Senate Journal-page 10)
5/9/2023 Senate Referred to Committee on Corrections and Penology (Senate Journal-page 10)
2/15/2024 Senate Committee report: Favorable with amendment Corrections and Penology (Senate Journal-page 8)
2/16/2024 Scrivener's error corrected
2/22/2024 Senate Committee Amendment Adopted (Senate Journal-page 16)
2/22/2024 Senate Read second time (Senate Journal-page 16)
2/22/2024 Senate Roll call Ayes-45 Nays-0 (Senate Journal-page 16)
2/27/2024 Scrivener's error corrected
2/27/2024 Senate Read third time and returned to House with amendments (Senate Journal-page 13)
2/28/2024 House Debate adjourned until Tues., 3-5-24 (House Journal-page 30)
3/6/2024 House Senate amendment amended (House Journal-page 62)
3/6/2024 House Returned to Senate with amendments (House Journal-page 62)
3/6/2024 House Roll call Yeas-117 Nays-0 (House Journal-page 63)
3/20/2024 Senate Concurred in House amendment and enrolled
3/20/2024 Senate Roll call Ayes-46 Nays-0
5/8/2024 Ratified R 152
5/13/2024 Signed By Governor

View the latest legislative information at the website

VERSIONS OF THIS BILL

2/21/2023
5/4/2023
5/4/2023-A
5/8/2023
2/15/2024
2/16/2024
2/22/2024
2/27/2024
3/6/2024


NOTE: THIS IS A TEMPORARY VERSION. THIS DOCUMENT WILL REMAIN IN THIS VERSION UNTIL FINAL APPROVAL BY THE LEGISLATIVE COUNCIL.

(R152, H4002)

AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "CAPTAIN ROBERT JOHNSON ACT" BY ADDING SECTION 24?3?980 SO AS TO PROVIDE IT IS UNLAWFUL FOR INMATES UNDER THE JURISDICTION OF THE DEPARTMENT OF CORRECTIONS TO POSSESS TELECOMMUNICATION DEVICES UNLESS AUTHORIZED BY THE DIRECTOR, TO DEFINE THE TERM "TELECOMMUNICATION DEVICE", AND TO PROVIDE PENALTIES.

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

"Captain Robert Johnson Act"

SECTION 1.    This act may be cited as the "Captain Robert Johnson Act".

Department of Corrections

SECTION 2.    Chapter 3, Title 24 of the S.C. Code is amended by adding:

Section 24?3?980.    (A) It is unlawful for an inmate under the jurisdiction of the Department of Corrections to possess a telecommunication device unless authorized to do so by the director. For purposes of this section a "telecommunication device" means a device, an apparatus associated with a device, or a component of a device that enables, or may be used to enable, communication with a person inside or outside of a place of incarceration. Such devices include, but are not limited to, portable two?way pagers, handheld radios, cellular telephones, personal digital assistants or PDAs, laptop computers, or any components of these devices. "Telecommunication device" also includes any new technology that is developed or used for similar purposes.

(B) A person violating the provisions of this section, upon conviction, for a:

(1) first offense, is guilty of a misdemeanor and must be imprisoned not more than one year;

(2) second or subsequent offense is guilty of a felony and must be imprisoned not more than five years; and

(3) situation in which the finder of fact finds beyond a reasonable doubt that the use of a telecommunication device pursuant to the provisions of this section was the proximate cause of the commission of any subsequent felony offense, is guilty of a felony and must be imprisoned not more than ten years.

Time effective

SECTION 3.    This act takes effect upon approval by the Governor.

Ratified the 8th day of May, 2024.

______________________________________________________________________

President of the Senate

_____________________________________________________________________

Speaker of the House of Representatives

Approved the _____________ day of _________________________________________2024.

____________________________________________________________________

Governor

----XX----


This web page was last updated on May 8, 2024 at 5:10 PM