Bill 270

                    Current Status

Bill Number:               270
Ratification Number:       73
Act Number                 42
Introducing Body:          Senate
Subject:                   Adding Chapter 8 to Title 16

(A42, R73, S270)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 8 TO TITLE 16 SO AS TO PROVIDE FOR THE OFFENSES PROMOTING CIVIL DISORDER BY DEFINING TERMS, DETAILING THE OFFENSES, PROVIDING PENALTIES, AND PROVIDING EXCEPTIONS AND TO ADD THE OFFENSES TO THE LIST OF FELONIES IN SECTION 16-1-10.

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

Chapter added

SECTION 1. Title 16 of the 1976 Code is amended by adding:

"CHAPTER 8

Offenses Promoting Civil Disorder

Section 16-8-10. As used in this chapter:

(1) 'Civil disorder' means a public disturbance involving acts of violence by three or more persons which causes an immediate danger of or results in damage or injury to another person or his property.

(2) 'Firearm' means a weapon which is designed to or readily may be converted to expel a projectile by the action of an explosive, or the frame or receiver of that weapon.

(3) 'Explosive or incendiary device' includes:

(a) dynamite and all other forms of high explosives;

(b) an explosive bomb, grenade, missile, or similar device;

(c) an incendiary bomb or grenade, fire bomb, or similar device, including a device which:

( i) consists of or includes a breakable container including a flammable liquid or compound, and a wick composed of material which, when ignited, is capable of igniting the flammable liquid or compound;

(ii) can be carried or thrown by a person acting alone.

(4) 'Law enforcement officer' means:

(a) an officer or employee of the United States, a state, political subdivision of a state, or the District of Columbia, who is authorized to enforce laws and acting within his official capacity;

(b) members of the National Guard;

(c) members of the organized militia of a state or territory;

(d) members of the Armed Forces of the United States.

Section 16-8-20. (A) A person may not:

(1) teach or demonstrate to another person the use, application, or making of a firearm or explosive or incendiary device capable of causing injury or death to persons knowing or having reason to know or intending that what is taught or demonstrated will be employed unlawfully for use in, or in furtherance of, a civil disorder; nor

(2) assemble with one or more persons for the purpose of training with, practicing with, or being instructed in the use of a firearm or explosive or incendiary device capable of causing injury or death to persons, intending to employ unlawfully one or more of the purposes for use in, or in furtherance of, a civil disorder.

(B) A person who violates the provisions of subsection (A) is guilty of a felony and, upon conviction:

(1) for a first offense must be fined not more than five thousand dollars or imprisoned

for not more than five years, or both;

(2) for a second or subsequent offense must be fined not more than ten thousand dollars or imprisoned for not more than ten years, or both.

Section 16-8-30. Nothing contained in this chapter prohibits:

(1) an act of a law enforcement officer performed within his official capacity;

(2) training for law enforcement officers conducted by or for an agency or a political subdivision of a state or an agency of the United States;

(3) activities of the National Guard or of the armed forces of the United States; or

(4) classes intended to teach the safe handling of legal firearms for hunting, recreation, competition, or self-defense."

Classification as felonies

SECTION 2. The crimes contained in Section 16-8-20 of the 1976 Code are added to the list of crimes which are classified as felonies by Section 16-1-10 of the 1976 Code.

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