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Bill 4395

                    Current Status

Bill Number:                      4395
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20020108
Primary Sponsor:                  Limehouse
All Sponsors:                     Limehouse, Wilkins, Taylor, Altman, 
                                  Rodgers, Walker, Meacham-Richardson, Barrett
Drafted Document Number:          l:\council\bills\swb\5011djc02.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Hoax device or replica of destructive 
                                  device or detonator, felony penalties for 
                                  persons using


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20020109  Co-Sponsor added (Rule 5.2) by Rep.            Barrett
House   20020108  Introduced, read first time,           25 HJ
                  referred to Committee
House   20020107  Co-Sponsor added (Rule 5.2) by Rep.            Meacham-
                                                                 Richardson
House   20011205  Prefiled, referred to Committee        25 HJ


              Versions of This Bill

TO AMEND SECTION 16-23-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOAX DEVICES AND REPLICAS OF DESTRUCTIVE DEVICES AND DETONATORS, SO AS TO REVISE THE SECTION AND PROVIDE THAT A PERSON WHO USES OR AIDS, COUNSELS, OR CONSPIRES WITH ANOTHER IN THE USE OF A HOAX DEVICE OR REPLICA OF A DESTRUCTIVE DEVICE OR DETONATOR IS GUILTY OF A FELONY RATHER THAN A MISDEMEANOR, AND TO INCREASE THE PENALTIES FOR FELONY AND MISDEMEANOR VIOLATIONS OF THIS SECTION.

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

SECTION    1.    Section 16-23-730 of the 1976 Code, as added by Act 237 of 2000, is amended to read:

    "Section 16-23-730.    (A)    A person who knowingly manufactures, possesses, transports, sells, or distributes, uses or aids, or counsels or conspires with to another in the use of a hoax device or replica of a destructive device or detonator which causes or is capable of causing any a reasonable person reasonably to believe that the hoax device or replica is a destructive device or detonator is guilty of a misdemeanor and, upon conviction, must be imprisoned for not more than one year two years or fined not more than ten thousand dollars, or both.

    (B)    A person who uses, aids, counsels, or conspires with another in the use of a hoax device or replica of a destructive device or detonator, or who communicates or transmits to another person that a hoax device or replica is a destructive device or detonator with the intent to intimidate or threaten injury, to obtain property of another, or to interfere with the ability of another person to conduct or carry on his life, business, trade, education, religious worship, or to interfere with the operations and functions of any government entity is guilty of a felony and, upon conviction, must be imprisoned for not less than two three years nor more than fifteen twenty years."

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

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