South Carolina General Assembly
114th Session, 2001-2002

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Bill 525


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      525
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20010329
Primary Sponsor:                  Alexander
All Sponsors:                     Alexander
Drafted Document Number:          l:\council\bills\gjk\20422sd01.doc
Residing Body:                    Senate
Current Committee:                Judiciary Committee 11 SJ
Subject:                          Threatening life, person, family of 
                                  public official, employee, teacher, principal 
                                  directly or indirectly unlawful; Crime


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  20020529  Recommitted to Committee               11 SJ
Senate  20020501  Committee report: Favorable with       11 SJ
                  amendment
Senate  20010329  Introduced, read first time,           11 SJ
                  referred to Committee


              Versions of This Bill
Revised on May 1, 2002 - Word format

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

May 1, 2002

    S. 525

Introduced by Senator Alexander

S. Printed 5/1/02--S.

Read the first time March 29, 2001.

            

THE COMMITTEE ON JUDICIARY

    To whom was referred a Bill (S. 525) to amend Section 16-3-1040, as amended, Code of Laws of South Carolina, 1976, relating to threatening the life, person, or family of a public official, etc., respectfully

REPORT:

    That they have duly and carefully considered the same and recommend that the same do pass with amendment:

    Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:

    /    SECTION    1.    Section 16-3-1040 of the 1976 Code, as last amended by Act 435 of 1998, is further amended to read:

    "Section 16-3-1040.    (A)    It is unlawful for a person knowingly and wilfully to deliver or convey to a public official or to a teacher or principal of an elementary or secondary school or any other person a letter or paper, writing, print, missive, document, or electronic communication, or verbal or electronic communication which contains a threat to take the life of or to inflict bodily harm upon the a public official, teacher, or principal, or members of his immediate family if the threat is directly related to the public official's, teacher's, or principal's professional responsibilities.

    (B)    It is unlawful for a person knowingly and wilfully to deliver or convey to a public employee or any other person a letter or paper, writing, print, missive, document, or electronic communication, or verbal or electronic communication which contains a threat to take the life of or to inflict bodily harm upon the a public employee or members of his immediate family if the threat is directly related to the public employee's official responsibilities.

    (C)    A person who violates the provisions of subsection (A), upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both.

    (D)    A person who violates the provisions of subsection (B), upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both.

    (E)    For purposes of this section:

        (1)    'Public official' means an elected or appointed official of the United States or of this State or of a county, municipality, or other political subdivision of this State.

        (2)    'Public employee' means a person employed by the State, a county, a municipality, a school district, or a political subdivision of this State, except that for purposes of this section, a 'public employee' does not include a teacher or principal of an elementary or secondary school.

        (3)    'Immediate family' means the spouse, child, grandchild, mother, father, sister, or brother of the public official, teacher, principal, or public employee."

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

    Renumber sections to conform.

    Amend title to conform.

C. BRADLEY HUTTO for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

Minimal (Some additional costs expected but can be absorbed)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

    The Judicial Department has indicated there will be a minimal impact to the General Fund of the State which the agency can absorb. There will be no fiscal impact on federal and/or other funds.

    Approved By:

    Don Addy

    Office of State Budget

A BILL

TO AMEND SECTION 16-3-1040, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THREATENING THE LIFE, PERSON, OR FAMILY OF A PUBLIC OFFICIAL, PUBLIC EMPLOYEE, TEACHER, OR PRINCIPAL, SO AS TO PROVIDE THAT THE CONVEYANCE OR DELIVERY OF THE THREAT MAY BE MADE TO ANY PERSON RATHER THAN JUST TO THE PUBLIC OFFICIAL, PUBLIC EMPLOYEE, TEACHER, OR PRINCIPAL IN ORDER FOR THERE TO BE A VIOLATION OF THE SECTION.

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

SECTION    1.    Section 16-3-1040 of the 1976 Code, as last amended by Act 435 of 1998, is further amended to read:

    "Section 16-3-1040.    (A)    It is unlawful for a person knowingly and wilfully to deliver or convey to a public official or to a teacher or principal of an elementary or secondary school any another person a letter or paper, writing, print, missive, document, or electronic communication or verbal or electronic communication which contains a threat to take the life of or to inflict bodily harm upon the a public official, teacher, or principal, or members of his immediate family if the threat is directly related to the public official's, teacher's, or principal's professional responsibilities.

    (B)    It is unlawful for a person knowingly and wilfully to deliver or convey to a public employee another person a letter or paper, writing, print, missive, document, or electronic communication or verbal or electronic communication which contains a threat to take the life of or to inflict bodily harm upon the public employee or members of his immediate family if the threat is directly related to the public employee's official responsibilities.

    (C)    A person who violates the provisions of subsection (A), upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both.

    (D)    A person who violates the provisions of subsection (B), upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both.

    (E)    For purposes of this section:

        (1)    'Public official' means an elected or appointed official of the United States or of this State or of a county, municipality, or other political subdivision of this State.

        (2)    'Public employee' means a person employed by the State, a county, a municipality, a school district, or a political subdivision of this State, except that for purposes of this section, a 'public employee' does not include a teacher or principal of an elementary or secondary school.

        (3)    'Immediate family' means the spouse, child, grandchild, mother, father, sister, or brother of the public official, teacher, principal, or public employee."

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

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