South Carolina General Assembly
117th Session, 2007-2008

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Bill 3199

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

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COMMITTEE REPORT

February 7, 2007

H. 3199

Introduced by Reps. G.M. Smith, Hagood and Cotty

S. Printed 2/7/07--H.

Read the first time January 9, 2007.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H. 3199) to amend the Code of Laws of South Carolina, 1976, so as to enact the "ATM Safety Act" by amending Section 16-11-380, relating to, etc., respectfully

REPORT:

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

JAMES H. HARRISON for Committee.

            

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "ATM SAFETY ACT" BY AMENDING SECTION 16-11-380, RELATING TO ENTERING A BANK, DEPOSITORY, OR BUILDING AND LOAN ASSOCIATION WITH INTENT TO STEAL, SO AS TO INCLUDE AND CREATE VARIOUS ATM OFFENSES, TO ESTABLISH PENALTIES FOR EACH OFFENSE, TO REQUIRE THE POSTING OF A WARNING SIGN ON ATMS AND SIMILAR DEVICES, AND TO PROVIDE EXCEPTIONS; AND BY AMENDING SECTION 17-25-45, AS AMENDED, RELATING TO LIFE SENTENCES FOR CERTAIN MOST SERIOUS AND SERIOUS OFFENSES, SO AS TO ADD THE ATM OFFENSE TO THE LIST OF SERIOUS OFFENSES.

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

SECTION 1.    This act may be cited as the "ATM Safety Act".

SECTION 2.    Section 16-11-380 of the 1976 Code is amended to read:

"Section 16-11-380.    (A)    It is unlawful for a person to enter a building or part of a building occupied as a bank, depository, or building and loan association with intent to steal money or, securities for money, or property, either by force, intimidation, or threats.

A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not more than thirty years.

(B)    It is unlawful for a person to steal money, securities for money, or property, either by force, intimidation, or threats, from a person who is using or who has just finished using a bank night depository, an automated teller machine (ATM), or another automated banking device, as defined in Section 16-14-10, or in the vicinity of a bank depository, an ATM, or another automated banking device.

(C)    It is unlawful for a person to wait or loiter in the vicinity of a bank night depository, an ATM, or another automated banking device with the intent to steal money, securities for money, or property, either by force, intimidation, or threats, from a person using or who has just finished using a bank night depository, an ATM, or another automated banking device.

(D)    It is unlawful for a person to beg, panhandle, or solicit money:

(1)    from a person using or who has just finished using a bank night depository, an ATM, or another automated banking device; or

(2)     in the vicinity of a bank night depository, an ATM, or another automated banking device.

(E)    A person who violates the provisions of:

(1)    subsection (A) is guilty of a felony and, upon conviction, must be imprisoned not more than thirty years;

(2)    subsection (B) is guilty of a felony, and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than twenty years, or both. However, upon a third conviction for a violation of the provisions of subsection (B), the person, upon conviction, must be imprisoned for a mandatory minimum of not less than fifteen years nor more than twenty years, no part of which may be suspended nor probation granted; and

(3)    subsection (C) or (D) is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days.

(F)    Within one hundred eighty days from the effective date of this act, a clearly visible warning sign must be posted on all bank night depositories, ATMs, and other automated banking devices by the owner or person in control of the machine or device subject to the provisions of this section which must:

(1)    state the following warning in bold type: 'Persons convicted of robbing customers using this machine are guilty of a felony and may be sentenced to 20 years in prison'; and

(2)    be adhesively bound to the machine or device in a manner that the sign may not easily be removed.

(G)    If a warning sign is removed, defaced, or damaged, a new sign must be posted in its place within thirty days of the date on which the owner or operator of the machine or device knew or should have known of the removal or damage to the warning sign.

(H)    A separate location code, premise code, or designation for a bank night depository, an ATM, or other automated banking device offense must be added to the South Carolina Incident Based Reporting System. Law enforcement personnel are required to use this location code, premise code, or designation when completing incident reports for all criminal activity occurring at or in the vicinity of a bank night depository, an ATM, or another automated banking device in accordance with the provisions of this section.

(I)    To the extent that this section applies to bank night depositories, ATMs, and other automated banking devices, it applies only to these devices which are not located in a building or structure and those to which banking customers have access when they are outside a building or structure. A building or structure does not include an enclosure erected solely for the purpose of containing an otherwise outdoor or detached ATM or automated banking device. However, the provisions of this section do apply to drive-through banking terminals.

(J)    Failure to comply with the provisions of this section by the owner or operator of a bank night depository, an ATM, or another automated banking device does not create a cause of action for a per se statutory violation or for negligence-based liability for death, injury, or damages.

(K)    As used in this section, 'vicinity' means within the sight of a reasonable person."

SECTION    3.    Section 17-25-45(C)(2)(b) of the 1976 Code is amended to read:

"(b)    those felonies enumerated as follows:

16-3-220                        Lynching, Second degree

16-3-810                        Engaging child for sexual performance

16-9-220                        Acceptance of bribes by officers

16-9-290                        Accepting bribes for purpose of procuring

public office

16-11-110(B)                Arson, Second degree

16-11-312(B)                Burglary, Second degree

16-11-380(B)                Theft of a person using an automatic teller

machine

16-13-210(1)                Embezzlement of public funds

16-13-230(B)(3)            Breach of trust with fraudulent intent

16-13-240(1)                Obtaining signature or property by false

pretenses

38-55-540(3)                Insurance fraud

44-53-370(e)                Trafficking in controlled substances

44-53-375(C)                Trafficking in ice, crank, or crack cocaine

44-53-445(B)(1)&(2)    Distribute, sell, manufacture, or possess

with intent to distribute controlled

substances within proximity of school

56-5-2945                    Causing death by operating vehicle while

under influence of drugs or alcohol; and"

SECTION    4.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION    5.    This act takes effect upon approval by the Governor.

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