South Carolina General Assembly
116th Session, 2005-2006

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Indicates Matter Stricken
Indicates New Matter

S. 560

STATUS INFORMATION

General Bill
Sponsors: Senators Hayes, Martin, Courson, Gregory and Knotts
Document Path: l:\council\bills\swb\6349cm05.doc

Introduced in the Senate on March 2, 2005
Introduced in the House on April 6, 2005
Last Amended on March 31, 2005
Currently residing in the House Committee on Judiciary

Summary: Unlawful to take a weapon or firearm from law enforcement or corrections officer

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
    3/2/2005  Senate  Introduced and read first time SJ-6
    3/2/2005  Senate  Referred to Committee on Judiciary SJ-6
   3/30/2005  Senate  Committee report: Favorable with amendment Judiciary 
                        SJ-18
   3/31/2005  Senate  Amended SJ-27
   3/31/2005  Senate  Read second time SJ-27
   3/31/2005          Scrivener's error corrected
    4/5/2005  Senate  Read third time and sent to House SJ-14
    4/6/2005  House   Introduced and read first time HJ-14
    4/6/2005  House   Referred to Committee on Judiciary HJ-14

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

3/2/2005
3/30/2005
3/31/2005
3/31/2005-A

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

COMMITTEE AMENDMENT ADOPTED

March 31, 2005

S. 560

Introduced by Senators Hayes, Martin, Courson and Gregory

S. Printed 3/31/05--S.    [SEC 3/31/05 2:48 PM]

Read the first time March 2, 2005.

            

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-23-415 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO TAKE A WEAPON OR A FIREARM FROM THE LAWFUL POSSESSION OF A LAW ENFORCEMENT OFFICER OR A CORRECTIONS OFFICER UNDER CERTAIN CIRCUMSTANCES AND TO PROVIDE PENALTIES.

Amend Title To Conform

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

SECTION    1.    Article 5, Chapter 23, Title 16 of the 1976 Code is amended by adding:

"Section 16-23-415.    (A)    An individual who takes a weapon other than a firearm from the person of a law enforcement officer or a corrections officer is guilty of a felony and, upon conviction, must be imprisoned for not more than five years or fined not more than one thousand dollars, or both, if all of the following circumstances exist at the time the weapon is taken:

(1)    the individual knows or has reason to believe the person from whom the weapon is taken is a law enforcement officer or a corrections officer;

(2)    the law enforcement officer or corrections officer is performing his duties as a law enforcement officer or a corrections officer, or the individual's taking of the weapon is directly related to the law enforcement officer or correction officer's professional responsibilities;

(3)    the individual takes the weapon without consent of the law enforcement officer or corrections officer; and

(4)    the law enforcement officer or corrections officer is authorized by his employer to carry the weapon in the line of duty.

(B)    An individual who takes a firearm from the person of a law enforcement officer or a corrections officer is guilty of a felony and, upon conviction, must be imprisoned for not more than ten years, or fined not more than five thousand dollars, or both, if all of the following circumstances exist at the time the firearm is taken:

(1)    the individual knows or has reason to believe the person from whom the weapon is taken is a law enforcement officer or a corrections officer;

(2)    the law enforcement officer or corrections officer is performing his duties as a law enforcement officer or a corrections officer, or the individual's taking of the weapon is directly related to the law enforcement officer or correction officer's professional responsibilities;

(3)    the individual takes the weapon without consent of the law enforcement officer or corrections officer; and

(4)    the law enforcement officer or corrections officer is authorized by his employer to carry the weapon in the line of duty."

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

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