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Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
May 1, 2002
S. 525
S. Printed 5/1/02--S.
Read the first time March 29, 2001.
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
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.
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
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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