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Current Status Bill Number:View additional legislative information at the LPITS web site.182 Ratification Number:260 Act Number:224 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:20010123 Primary Sponsor:Hawkins All Sponsors:Hawkins, Ritchie, Reese, Branton Drafted Document Number:l:\council\bills\ggs\22786cm01.doc Date Bill Passed both Bodies:20020410 Date of Last Amendment:20020410 Governor's Action:S Date of Governor's Action:20020501 Subject:Murder, death penalty for; statutory aggravating circumstance when county detention facility officer; Crimes, Execution History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20020514 Act No. A224 ------ 20020501 Signed by Governor ------ 20020425 Ratified R260 Senate 20020410 Free Conference Committee Report 89 SFCC adopted House 20020326 Free Conference Committee Report 99 HFCC adopted House 20020326 Free Conference Powers granted, 99 HFCC Law appointed Reps. to Committee of Wilder Free Conference Delleney Senate 20020320 Free Conference Powers granted, 89 SFCC Gregory appointed Senators to Committee Hawkins of Free Conference Hutto House 20020206 Conference Committee Appointed 98 HCC Law Wilder Delleney Senate 20020205 Senate insists upon amendment and 88 SCC Hawkins Conference Committee appointed Hutto Gregory House 20010607 Non-concurrence in Senate amendment Senate 20010607 House amendments amended, returned to House with amendment House 20010530 Read third time, returned to Senate with amendment House 20010529 Amended, read second time House 20010523 Committee report: Favorable with 25 HJ amendment House 20010307 Introduced, read first time, 25 HJ referred to Committee Senate 20010306 Read third time, sent to House Senate 20010301 Co-Sponsor added by Senator Branton Senate 20010301 Read second time, notice of general amendments Senate 20010301 Committee amendment adopted Senate 20010228 Committee report: Favorable with 11 SJ amendment Senate 20010123 Introduced, read first time, 11 SJ referred to Committee Versions of This Bill Revised on February 28, 2001 - Word format Revised on March 1, 2001 - Word format Revised on May 23, 2001 - Word format Revised on May 29, 2001 - Word format Revised on June 7, 2001 - Word format Revised on April 10, 2002 - Word format
(A224, R260, S182)
AN ACT TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SENTENCING PROCEEDING TO DETERMINE WHETHER A PERSON CONVICTED OF MURDER SHOULD BE SENTENCED TO DEATH, SO AS TO PROVIDE THAT THE MURDER OF A FORMER FEDERAL, STATE, OR LOCAL LAW ENFORCEMENT OFFICER, OR CERTAIN CURRENT OR FORMER CORRECTIONS OFFICERS IS A STATUTORY AGGRAVATING CIRCUMSTANCE, TO SUBSTITUTE THE TERM "CORRECTIONS OFFICER" FOR THE TERM "CORRECTIONS EMPLOYEE"; TO AMEND SECTION 16-11-110, AS AMENDED, RELATING TO ARSON, SO AS TO MAKE A TECHNICAL CHANGE, AND TO PROVIDE A DEFINITION FOR THE TERM "DAMAGE"; TO AMEND SECTION 40-80-20, RELATING TO THE REQUIREMENT THAT A PROSPECTIVE FIREFIGHTER MUST UNDERGO A CRIMINAL BACKGROUND CHECK BEFORE HE MAY BE EMPLOYED AS A FIREFIGHTER, SO AS TO REVISE THE CONDITIONS UPON WHICH A FIREFIGHTER OR PROSPECTIVE FIREFIGHTER MUST UNDERGO A CRIMINAL BACKGROUND CHECK AND MAY NOT PERFORM FIREFIGHTING DUTIES; AND TO PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION IS NOT REQUIRED TO IMPLEMENT CERTAIN PROVISIONS PERTAINING TO THE COMPULSORY PROCESS FOR OBTAINING WITNESSES UNTIL THE GENERAL ASSEMBLY FUNDS THE PROGRAM.
Be it enacted by the General Assembly of the State of South Carolina:
Sentencing procedure for a murderer
SECTION 1. Section 16-3-20(C)(a)(7) of the 1976 Code is amended to read:
"(7) The murder of a federal, state, or local law enforcement officer or former federal, state, or local law enforcement officer, peace officer or former peace officer, corrections officer or former corrections officer, including a county or municipal corrections officer or a former county or municipal corrections officer, a county or municipal detention facility employee or former county or municipal detention facility employee, or fireman or former fireman during or because of the performance of his official duties."
Arson
SECTION 2. Section 16-11-110 of the 1976 Code, as last amended by Act 113 of 1997, is further amended to read:
"Section 16-11-110. (A) A person who wilfully and maliciously causes an explosion, sets fire to, burns, or causes to be burned or aids, counsels, or procures a burning that results in damage to a building, structure, or any property specified in subsections (B) and (C) whether the property of himself or another, which results, either directly or indirectly, in death or serious bodily injury to a person is guilty of arson in the first degree and, upon conviction, must be imprisoned not less than ten nor more than thirty years.
(B) A person who wilfully and maliciously causes an explosion, sets fire to, burns, or causes to be burned or aids, counsels, or procures the burning that results in damage to a dwelling house, church or place of worship, a public or private school facility, a manufacturing plant or warehouse, a building where business is conducted, an institutional facility, or any structure designed for human occupancy to include local and municipal buildings, whether the property of himself or another, is guilty of arson in the second degree and, upon conviction, must be imprisoned not less than five nor more than twenty-five years.
(C) A person who wilfully and maliciously:
(1) causes an explosion, sets fire to, burns, or causes a burning which results in damage to a building or structure other than those specified in subsection (A) or (B), a railway car, a ship, boat, or other watercraft, an aircraft, an automobile or other motor vehicle, or personal property; or
(2) aids, counsels, or procures a burning that results in damage to a building or structure other than those specified in subsection (A) or (B), a railway car, a ship, boat, or other watercraft, an aircraft, an automobile or other motor vehicle, or personal property with intent to destroy or damage by explosion or fire; whether the property of himself or another, is guilty of arson in the third degree and, upon conviction, must be imprisoned not less than one and not more than ten years.
(D) For purposes of this section, 'damage' means an application of fire or explosive that results in burning, charring, blistering, scorching, smoking, singeing, discoloring, or changing the fiber or composition of a building, structure, or any property specified in this section."
Firefighter criminal background check
SECTION 3. Section 40-80-20 of the 1976 Code, as added by Act 60 of 2001, is amended read:
"Section 40-80-20. (A)(1) Prior to employment of any firefighter, paid or volunteer, the fire chief or other employer must ensure that each prospective firefighter undergoes a criminal records check conducted by a law enforcement agency.
(2) The cost of the criminal records check must not exceed eight dollars.
(3) A criminal records check is not required for a firefighter employed as of June 30, 2001, if the firefighter is employed with the same fire department that he was employed with on June 30, 2001. Upon separation from the fire department that he was employed with on June 30, 2001, a firefighter must comply with the provisions of Section 40-80-40.
(B)(1) After June 30, 2001, a person must not perform firefighting duties in South Carolina if the person has been convicted of, or pled guilty or nolo contendere to:
(a) a felony;
(b) arson or any other offense provided in Article 3, Chapter 11, Title 16; or
(c) an offense involving a controlled substance as provided for in Chapter 53, Title 44.
(2) The prohibition in item (1) of this subsection applies for a period of ten years after the conviction or plea of guilty or nolo contendere.
After the expiration of the ten-year period, it is within a fire chief's or other employer's discretion to determine whether or not to allow a person with a criminal record to perform firefighting duties."
Compulsory process for obtaining witnesses
SECTION 4. Notwithstanding any other provision of law, the State Law Enforcement Division is not required to implement those provisions of Section 56-5-2934 as contained in Section 9 of Act 390 of 2000 pertaining to the compulsory process for obtaining witnesses until such time that the General Assembly provides funding for the program. The State Law Enforcement Division must reassess the costs necessary to implement this program and present information regarding the costs to the House Ways and Means Committee and the Senate Finance Committee during each committee's budget hearings for fiscal year 2003-2004.
Time effective
SECTION 5. This act takes effect upon approval by the Governor and applies to offenses committed on or after the effective date.
Ratified the 25th day of April, 2002.
Approved the 1st day of May, 2002.
This web page was last updated on Tuesday, December 8, 2009 at 11:10 A.M.