A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 16-11-645 SO AS TO PROVIDE FOR GRADUATED PENALTIES FOR PERSONS CONVICTED OF CERTAIN SECOND OR THIRD OR SUBSEQUENT trespassing OFFENSES.

 

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

 

SECTION 1.  Article 7, Chapter 11, Title 16 of the S.C. Code is amended by adding:

 

    Section 16-11-645. (A) A person who commits a:

       (1) second offense violation of the provisions of Section 16-11-600, 16-11-610, 16-11-620, 16-11-625, 16-11-630, or 16-11-640, is guilty of a misdemeanor and, upon conviction, must be fined not more seven hundred fifty dollars or imprisoned not more than sixty days; and

       (2) third or subsequent offense violation of the provisions of Section 16-11-600, 16-11-610, 16-11-620, 16-11-625, 16-11-630, or 16-11-640, is guilty of a misdemeanor and, upon conviction, must be fined not more one thousand dollars or imprisoned not more than ninety days.

    (B) Notwithstanding Sections 22-3-540, 22-3-545, and 22-3-550, an offense pursuant to the provisions of this section is triable in magistrates court. A prior conviction for purposes of this subsection is defined as a conviction within five years of the date of commission of the current offense.

 

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founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action,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of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.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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