BIL:182
RTN:260
ACN:224
TYP:General Bill GB
INB:Senate
IND:20010123
PSP:Hawkins
SPO:Hawkins, Ritchie, Reese, Branton
DDN:l:\council\bills\ggs\22786cm01.doc
DPB:20020410
LAD:20020410
GOV:S
DGA:20020501
SUB:Murder, death penalty for; statutory aggravating circumstance when county detention facility officer; Crimes, Execution
HST:
BodyDateAction DescriptionComLeg Involved
______
------20020514Act No. A224
------20020501Signed by Governor
------20020425Ratified R260
Senate20020410Free Conference Committee Report89 SFCC
adopted
House20020326Free Conference Committee Report99 HFCC
adopted
House20020326Free Conference Powers granted,99 HFCCLaw
appointed Reps. to Committee ofWilder
Free ConferenceDelleney
Senate20020320Free Conference Powers granted,89 SFCCGregory
appointed Senators to CommitteeHawkins
of Free ConferenceHutto
House20020206Conference Committee Appointed98 HCCLaw
Wilder
Delleney
Senate20020205Senate insists upon amendment and88 SCCHawkins
Conference Committee appointedHutto
Gregory
House20010607Non-concurrence in Senate amendment
Senate20010607House amendments amended,
returned to House with amendment
House20010530Read third time, returned to Senate
with amendment
House20010529Amended, read second time
House20010523Committee report: Favorable with25 HJ
amendment
House20010307Introduced, read first time,25 HJ
referred to Committee
Senate20010306Read third time, sent to House
Senate20010301Co-Sponsor added by SenatorBranton
Senate20010301Read second time, notice of
general amendments
Senate20010301Committee amendment adopted
Senate20010228Committee report: Favorable with11 SJ
amendment
Senate20010123Introduced, read first time,11 SJ
referred to Committee
Versions of This Bill
Revised on 20010228
Revised on 20010301
Revised on 20010523
Revised on 20010529
Revised on 20010607
Revised on 20020410
TXT:
(A224, R260, S182)
AN ACT TO AMEND SECTION 16320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SENTENCING PROCEEDING TO DETERMINE WHETHER A PERSON CONVICTED OF MURDER SHOULD BE SENTENCED TO DEATH, SO AS TO PROVIDE THAT THE MURDER OF A FORMER FEDERAL, STATE, OR LOCAL LAW ENFORCEMENT OFFICER, OR CERTAIN CURRENT OR FORMER CORRECTIONS OFFICERS IS A STATUTORY AGGRAVATING CIRCUMSTANCE, TO SUBSTITUTE THE TERM “CORRECTIONS OFFICER” FOR THE TERM “CORRECTIONS EMPLOYEE”; TO AMEND SECTION 1611110, AS AMENDED, RELATING TO ARSON, SO AS TO MAKE A TECHNICAL CHANGE, AND TO PROVIDE A DEFINITION FOR THE TERM “DAMAGE”; TO AMEND SECTION 408020, RELATING TO THE REQUIREMENT THAT A PROSPECTIVE FIREFIGHTER MUST UNDERGO A CRIMINAL BACKGROUND CHECK BEFORE HE MAY BE EMPLOYED AS A FIREFIGHTER, SO AS TO REVISE THE CONDITIONS UPON WHICH A FIREFIGHTER OR PROSPECTIVE FIREFIGHTER MUST UNDERGO A CRIMINAL BACKGROUND CHECK AND MAY NOT PERFORM FIREFIGHTING DUTIES; AND TO PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION IS NOT REQUIRED TO IMPLEMENT CERTAIN PROVISIONS PERTAINING TO THE COMPULSORY PROCESS FOR OBTAINING WITNESSES UNTIL THE GENERAL ASSEMBLY FUNDS THE PROGRAM.
Be it enacted by the General Assembly of the State of South Carolina:
Sentencing procedure for a murderer
SECTION1.Section 16320(C)(a)(7) of the 1976 Code is amended to read:
“(7)The murder of a federal, state, or local law enforcement officer or former federal, state, or local law enforcement officer, peace officer or former peace officer, corrections officer or former corrections officer, including a county or municipal corrections officer or a former county or municipal corrections officer, a county or municipal detention facility employee or former county or municipal detention facility employee, or fireman or former fireman during or because of the performance of his official duties.”
Arson
SECTION2.Section 1611110 of the 1976 Code, as last amended by Act 113 of 1997, is further amended to read:
“Section 1611110.(A)A person who wilfully and maliciously causes an explosion, sets fire to, burns, or causes to be burned or aids, counsels, or procures a burning that results in damage to a building, structure, or any property specified in subsections (B) and (C) whether the property of himself or another, which results, either directly or indirectly, in death or serious bodily injury to a person is guilty of arson in the first degree and, upon conviction, must be imprisoned not less than ten nor more than thirty years.
(B)A person who wilfully and maliciously causes an explosion, sets fire to, burns, or causes to be burned or aids, counsels, or procures the burning that results in damage to a dwelling house, church or place of worship, a public or private school facility, a manufacturing plant or warehouse, a building where business is conducted, an institutional facility, or any structure designed for human occupancy to include local and municipal buildings, whether the property of himself or another, is guilty of arson in the second degree and, upon conviction, must be imprisoned not less than five nor more than twentyfive years.
(C)A person who wilfully and maliciously:
(1)causes an explosion, sets fire to, burns, or causes a burning which results in damage to a building or structure other than those specified in subsection (A) or (B), a railway car, a ship, boat, or other watercraft, an aircraft, an automobile or other motor vehicle, or personal property; or
(2)aids, counsels, or procures a burning that results in damage to a building or structure other than those specified in subsection (A) or (B), a railway car, a ship, boat, or other watercraft, an aircraft, an automobile or other motor vehicle, or personal property with intent to destroy or damage by explosion or fire; whether the property of himself or another, is guilty of arson in the third degree and, upon conviction, must be imprisoned not less than one and not more than ten years.
(D)For purposes of this section, ‘damage’ means an application of fire or explosive that results in burning, charring, blistering, scorching, smoking, singeing, discoloring, or changing the fiber or composition of a building, structure, or any property specified in this section.”
Firefighter criminal background check
SECTION3.Section 408020 of the 1976 Code, as added by Act 60 of 2001, is amended read:
“Section 408020.(A)(1)Prior to employment of any firefighter, paid or volunteer, the fire chief or other employer must ensure that each prospective firefighter undergoes a criminal records check conducted by a law enforcement agency.
(2)The cost of the criminal records check must not exceed eight dollars.
(3)A criminal records check is not required for a firefighter employed as of June 30, 2001, if the firefighter is employed with the same fire department that he was employed with on June 30, 2001. Upon separation from the fire department that he was employed with on June 30, 2001, a firefighter must comply with the provisions of Section 408040.
(B)(1)After June 30, 2001, a person must not perform firefighting duties in South Carolina if the person has been convicted of, or pled guilty or nolo contendere to:
(a)a felony;
(b)arson or any other offense provided in Article 3, Chapter 11, Title 16; or
(c)an offense involving a controlled substance as provided for in Chapter 53, Title 44.
(2)The prohibition in item (1) of this subsection applies for a period of ten years after the conviction or plea of guilty or nolo contendere.
After the expiration of the tenyear period, it is within a fire chief’s or other employer’s discretion to determine whether or not to allow a person with a criminal record to perform firefighting duties.”
Compulsory process for obtaining witnesses
SECTION4.Notwithstanding any other provision of law, the State Law Enforcement Division is not required to implement those provisions of Section 5652934 as contained in Section 9 of Act 390 of 2000 pertaining to the compulsory process for obtaining witnesses until such time that the General Assembly provides funding for the program. The State Law Enforcement Division must reassess the costs necessary to implement this program and present information regarding the costs to the House Ways and Means Committee and the Senate Finance Committee during each committee’s budget hearings for fiscal year 20032004.
Time effective
SECTION5.This act takes effect upon approval by the Governor and applies to offenses committed on or after the effective date.
Ratified the 25th day of April, 2002.
Approved the 1st day of May, 2002.
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