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Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED
March 29, 2007
S. Printed 3/29/07--S.
Read the first time February 14, 2007.
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.
Amend Title To Conform
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 beg, panhandle, or solicit money from, or otherwise harass, a person using, who has just finished using, or who is in the vicinity of a bank night depository, an ATM, or another automated banking device.
(D) 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) is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both.
(E) 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.
(F) 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.
(G) 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
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
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
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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