A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 16-5-5 SO AS TO DEFINE PERSON, FUNDING ENTITY, AND RIOT; BY AMENDING SECTION 16-5-90, RELATING TO PRESERVATION OF PROPERTY OWNER'S RIGHT OF ACTION AGAINST PARTICIPANTS IN MOB OR RIOT RESULTING IN DAMAGE TO PROPERTY, SO AS TO INCLUDE ACTIONS AGAINST A FUNDING ENTITY AND ESTABLISH A FUNDING ENTITY IS RESPONSIBLE FOR DAMAGES TO PROPERTY; BY AMENDING SECTION 16-5-130, RELATING TO PENALTIES FOR INSTIGATING, AIDING OR PARTICIPATING IN RIOT, SO AS TO INCLUDE FUNDING OR PROVIDING MATERIALS AS PART OF OFFENSE; BY AMENDING SECTION 16-5-140, RELATING TO ENFORCEMENT OF CHAPTER, SO AS TO PERMIT THE ATTORNEY GENERAL, SOLICITORS, OR THEIR DESIGNEES TO INSTITUTE PROCEEDINGS AGAINST FUNDING ENTITIES UNDER SECTION 17-25-322; AND BY AMENDING SECTION 16-7-20, RELATING TO POWERS OF LAW ENFORCEMENT OFFICERS, SO AS TO PERMIT LAW ENFORCEMENT OFFICERS CALLED TO DUTY BY THE GOVERNOR UNDER SECTION 1-3-450 DUE TO RIOT OR UNLAWFUL ASSEMBLAGE TO USE DYE OR PAINT TO IDENTIFY A PERSON THAT MAY BE CHARGED UNDER SECTION 16-5-130.

 

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

 

SECTION 1.  Chapter 5, Title 16 of the S.C. Code is amended by adding:

 

    Section 16-5-5.  For purposes of this chapter:

       (1) "Person" means an individual or a funding entity.

       (2) "Funding entity" means an individual, corporation, partnership, limited partnership, limited liability partnership, or a nonprofit organization that funds or provides material support with the intention of instigating, aiding, or participating in a riot.

       (3) "Riot" means a tumultuous disturbance of the peace by three or more persons assembled together with the intent mutually to assist each other against anyone who opposes them and to put their design into execution in a terrific and violent manner, whether the object is lawful or not. Riot includes but is not limited to a violent protest.

 

SECTION 2.  Section 16-5-90 of the S.C. Code is amended to read:

 

    Section 16-5-90. (A)  Nothing in this chapter shall be construed to prevent the person whose property is so injured or destroyed from having and maintaining his action against every person or funding entity engaged or participating in such mob or riot to recover full damages for any injury sustained;  provided, however,  that no damages shall be recovered by such person against any of such rioters for the same injury for which compensation shall be made by the county.

    (B) For actions against a funding entity, the funding entity is solely responsible for the damages incurred during a mob or riot where the funding entity provided materials to or for the mob or riot.

 

SECTION 3.  Section 16-5-130 of the S.C. Code is amended to read:

 

    Section 16-5-130.  (A) A person who is convicted of riot, or of participating in a riot, either by being personally present, or by instigating, promoting, funding, providing materials, or aiding the same, is guilty of a:

        (1) felony and must be imprisoned not more than five years or fined not more than one thousand dollars, or both, if the purpose of the assembly, or of the acts done or threatened or intended by the persons engaged, is to resist the enforcement of a statute of this State, or of the United States, or to obstruct any public officer of this State, or of the United States, in serving or executing any process or other mandate of a court of competent jurisdiction, or in the performance of any other duty;  or if the offender carries, at the time of the riot, firearms, or any other dangerous weapon, or is disguised;

        (2) misdemeanor and must be imprisoned not more than two years or fined not more than five hundred dollars, or both, if the offender directs, advises, encourages, or solicits other persons, present or participating in the riot or assembly, to acts of force or violence;

        (3) misdemeanor and must be imprisoned not more than two years or fined not more than two hundred and fifty dollars, or both, in any case, not embraced within the foregoing subdivisions of this section.

    (B) This section must not be construed to prevent the peaceable assembling of persons for lawful purposes of protest or petition.

 

SECTION 4.  Section 16-5-140 of the S.C. Code is amended to read:

 

    Section 16-5-140.  (A) Sheriffs, constables and other officers in the several circuits or counties vested with powers of arresting, imprisoning and bailing offenders against the laws of this State shall institute proceedings against every person who shall violate the provisions of this chapter and cause them to be arrested, imprisoned or bailed, as the case may require, for a trial before such court as shall have jurisdiction of the offense.

    (B) The Attorney General, solicitors, or their designees may institute proceedings under Section 17-25-322, against funding entities that violate the provisions of this chapter.

 

SECTION 5.  Section 16-7-20 of the S.C. Code is amended to read:

 

    Section 16-7-20. (A) All law enforcement officers of the State or any of its subdivisions who may be called to duty in the area designated by the Governor in his proclamation, when engaged in the performance of duties in such area, shall have the full powers of constable at all places within such area and may pursue and arrest offenders against the laws of this State or the provisions of the proclamation.

    (B) All law enforcement officers of this State or any of its subdivisions who may be called to duty by the Governor under Section 1-3-450 due to a riot or unlawful assemblage, may use dye or paint to identify a person who may be charged with instigating, aiding, or participating in a riot under Section 16-5-130.

 

SECTION 6.  This act takes effect upon approval by the Governor.

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