A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 16-13-136 SO AS TO DEFINE NECESSARY TERMS, CREATE CARGO THEFT OFFENSES, AND PROVIDE PENALTIES FOR THE OFFENSES.

 

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

 

SECTION 1.  Article 1, Chapter 13, Title 16 of the S.C. Code is amended by adding:

 

    Section 16-13-136. (A) As used in this section, the term:

       (1) "Cargo" means either of the following, a:

           (a) vehicle engaged in commercial transportation of freight or the freight being transported in in or on the vehicle including, but not limited to, goods, chattels, money, or baggage; or

           (b) trailer, semitrailer, container, railcar, or other associated equipment, or the freight being transported in or on it including, but not limited to, goods, chattels, money, or baggage.

       (2) "Vehicle" has the same meaning as contained in Section 16-11-430.

    (B) It is unlawful for a person to:

       (1) knowingly obtain, exert control over, take possession of, carry away, transfer, or cause to be carried away any cargo, in whole or in part, with the intent to deprive the owner of the possession, use, benefit, or value of the cargo without authorization, at the point of origin, destination, or at any point during transit regardless of any temporary stop, multiple stops, transshipment or otherwise; or

       (2) receive, possess, trade, barter, or sell cargo knowing, or having reason to believe, that the cargo has been misappropriated through the offense of cargo theft.

    (C) A person who violates the provisions of subsection (B)(1) is guilty of the offense of cargo theft, and:

       (1) for a first offense, is guilty of a:

           (a) misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than three years, or both, if the value of the cargo is less than ten thousand dollars;

           (b) felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned for not more than five years, or both, if the value of the cargo is more than ten thousand dollars but less than twenty thousand dollars;

           (c) felony and, upon conviction, must be fined not more than twenty thousand dollars or imprisoned for not more than ten years, or both, if the value of the cargo is more than twenty thousand dollars but less than fifty thousand dollars; or

           (d) felony and, upon conviction, must be fined not more than fifty thousand dollars or imprisoned for not more than twenty years, or both, if the value of the cargo is more than fifty thousand dollars.

       (2) for a second or subsequent offense, is guilty of a felony and, upon conviction, regardless of the value of the cargo in any offense, must be fined not more than fifty thousand dollars or imprisoned for not more than twenty years, or both.

    (D) For the purposes of a violation of subsection (C):

       (1) multiple offenses occurring within a ninety-day period may be aggregated into a single count with the aggregated value used to determine the total value of the cargo; and

       (2) the total value of the cargo shall include both the retail or fair market value of the cargo and the value of any vehicle or cargo stolen or damaged in the course of committing the offense of cargo theft.

    (E) A person who violates the provisions of subsection (B)(2) is guilty of a felony and, upon conviction, must be fined not more than twenty thousand dollars or imprisoned for not more than ten years, or both.

    (F) It is unlawful for a person to break, attempt to break, enter without breaking, or take possession of any cargo with intent to commit cargo theft or in the perpetration of any criminal offense. A person's unauthorized presence in, upon, or among any cargo is prima facie evidence of violation of this section. A person who violates this subsection is guilty of a felony and, upon conviction must be imprisoned for not more than five years or fined up to ten thousand dollars, or both.

    (G) It is not a violation of subsection (F) for any person to break, enter, or otherwise be present in, upon, or among any cargo for the purpose of providing assistance to a person in, upon, or among any cargo, if one more of the following circumstances exists:

       (1) the person acts in good faith to access the person inside to provide first aid or emergency healthcare treatment or because the person inside is, or is in imminent danger of, becoming unconscious, ill, or injured;

       (2) it is reasonably apparent that the circumstances require prompt actions in medical, other healthcare, or other assistance for the person inside; or

       (3) the necessity of immediate healthcare treatment or removal of the person inside is so reasonably apparent that any delay in the rendering of treatment or removal would seriously endanger the life of the person.

    (H) Acts committed in different counties that have been aggregated in one count may be indicted and prosecuted in any one of the counties in which the acts occurred. In a prosecution for a violation of this section, the State is not required to establish and it is not a defense that some of the acts constituting the crime did not occur within one city, county, or local jurisdiction. However, nothing in this subsection may be interpreted to allow a circuit solicitor or persons in the circuit solicitor's employ to prosecute cases outside of the circuit where the circuit solicitor was elected without the consent of the Attorney General.

    (I) Property, funds, and interest a person has acquired or maintained in violation of this section are subject to forfeiture pursuant to the procedures for forfeiture as provided in Section 44-53-530.

    (J) A person may be found guilty of a violation of a provision of this section whether or not anyone is convicted of the cargo theft.

 

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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