A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 16-7-10, RELATING TO ILLEGAL ACTS DURING STATE OF EMERGENCY, SO AS TO INCLUDE THAT HARASSING OR THREATENING A WORKER RESTORING CRITICAL SERVICES IS A MISDEMEANOR, AND THAT ASSAULTING OR ENDANGERING A WORKER RESTORING OR DESTROYING OR TAMPERING WITH AN ELECTRIC UTILITY SYSTEM IS A FELONY, AND TO DEFINE CRITICAL SERVICES.

 

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

 

SECTION 1.  Section 16-7-10 of the S.C. Code is amended to read:

 

    Section 16-7-10. (A) In any area designated by the Governor in his proclamation that a state of emergency exists, and during the duration of the proclamation, it is unlawful for a person to:

       (1)(a) violate a provision in the proclamation including, but not limited to, any curfew set forth by the proclamation;

           (b) congregate, unless authorized or in their homes, in groups of three or more and to refuse to disperse upon order of a law enforcement officer;  or

           (c) wilfully fail or refuse to comply with any lawful order or direction of any law enforcement officer.

       A person violating the provisions of this item is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days.

       (2)(a) enter into the property of another, without lawful authority and with criminal intent;

           (b) damage the property of another;  or

           (c) take possession or otherwise disturb the property of another in any manner.

       A person violating a provision of this item is guilty of the felony of looting and, upon conviction, must be fined or imprisoned, or both, in the discretion of the court. The court must order restitution pursuant to Section 17-25-322;

       (3) charge unconscionable prices during a declared state of emergency or disaster, as described in Section 39-5-145, or knowingly and wilfully use a misleading practice or device to solicit the contribution or sale of goods or services for charitable purposes in connection with a declared state of emergency or disaster, as described in Section 39-5-147.;

       (4)(a) wilfully and knowingly harass or threaten a worker restoring critical services. A person violating a provision of this item shall be guilty of a misdemeanor, and upon conviction, shall be sentenced not more than thirty days' imprisonment or a fine of not more than five hundred dollars, or both;

           (b) wilfully and knowingly assault or engage in behavior that could endanger a worker restoring critical services or destroy, damage, or tamper with an electric utility system, as defined by Section 16-11-740. A person violating a provision of this item shall be guilty of a felony and, upon conviction, must be fined or imprisoned or both in the discretion of the court.

    (B) Penalties provided in this article are cumulative of and in addition to those provided in Sections 39-5-145 and 39-5-147.

    (C) For the purposes of this section, "critical services" include:

       (1) electric and gas services;

       (2) water and sewer services;

       (3) road and highway repair;

       (4) telephone or cell service;

       (5) satellite or internet service; or

       (6) other services necessary for home and commercial properties.

 

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

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