South Carolina General Assembly
115th Session, 2003-2004

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A229, R306, H3473

STATUS INFORMATION

General Bill
Sponsors: Reps. Jennings, Hosey, Whipper, Bales, Branham, Breeland, Haskins, Herbkersman, J. Hines, M. Hines, Littlejohn, Lloyd, Rivers, Simrill, Vaughn, Witherspoon and J.E. Smith
Document Path: l:\council\bills\dka\3176cm03.doc

Introduced in the House on January 30, 2003
Introduced in the Senate on March 5, 2003
Last Amended on April 28, 2004
Passed by the General Assembly on May 5, 2004
Governor's Action: May 11, 2004, Signed

Summary: Grave robbery/desecration

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   1/30/2003  House   Introduced and read first time HJ-1
   1/30/2003  House   Referred to Committee on Judiciary HJ-2
   2/12/2003  House   Member(s) request name added as sponsor: J.E.Smith
   2/26/2003  House   Committee report: Favorable Judiciary HJ-6
   2/27/2003  House   Read second time HJ-11
    3/4/2003  House   Read third time and sent to Senate HJ-85
    3/5/2003  Senate  Introduced and read first time SJ-11
    3/5/2003  Senate  Referred to Committee on Judiciary SJ-11
   4/21/2004  Senate  Committee report: Favorable with amendment Judiciary 
                        SJ-50
   4/22/2004          Scrivener's error corrected
   4/28/2004  Senate  Amended SJ-73
   4/28/2004  Senate  Read second time SJ-73
   4/29/2004  Senate  Read third time and returned to House with amendments 
                        SJ-23
   4/29/2004          Scrivener's error corrected
    5/5/2004  House   Concurred in Senate amendment and enrolled HJ-12
    5/6/2004          Ratified R 306
   5/11/2004          Signed By Governor
   5/14/2004          Copies available
   5/14/2004          Effective date 05/11/04
   5/18/2004          Act No. 229

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

1/30/2003
2/26/2003
4/21/2004
4/22/2004
4/28/2004
4/29/2004


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

(A229, R306, H3473)

AN ACT TO AMEND SECTION 16-17-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESTRUCTION OR DESECRATION OF HUMAN REMAINS OR REPOSITORIES OF HUMAN REMAINS, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO WILFULLY AND KNOWINGLY STEAL ANYTHING OF VALUE FROM CERTAIN REPOSITORIES OF HUMAN REMAINS, TO MAKE A TECHNICAL CHANGE, AND TO REVISE THE PENALTY.

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

Destruction or desecration of human remains

SECTION    1.    Section 16-17-600(C) of the 1976 Code, as last amended by Act 307 of 1998, is further amended to read:

"(C)(1)     It is unlawful for a person wilfully and knowingly to steal anything of value located upon or around a repository for human remains or within a human graveyard, cemetery, or memorial park, or for a person wilfully, knowingly, and without proper legal authority to destroy, tear down, or injure any fencing, plants, trees, shrubs, or flowers located upon or around a repository for human remains, or within a human graveyard, cemetery, or memorial park.

(2)    A person violating the provisions of item (1) is guilty of:

(a)    a felony and, upon conviction, if the theft of, destruction to, injury to, or loss of property is valued at two hundred dollars or more, must be fined not more than five thousand dollars or imprisoned not more than five years, or both, and must be required to perform not more than five hundred hours of community service;

(b)    a misdemeanor triable in magistrates court if the theft of, destruction to, injury to, or loss of property is valued at less than two hundred dollars. Upon conviction, a person must be fined, imprisoned, or both, pursuant to the jurisdiction of magistrates as provided in Section 22-3-550, and must be required to perform not more than two hundred fifty hours of community service."

Time effective

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

Ratified the 6th day of May, 2004.

Approved the 11th day of May, 2004.

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This web page was last updated on Monday, December 7, 2009 at 10:26 A.M.