2001-2002 Bill 4396: Threats of Use of Destructive Devices, Restitution for Cost of Responding

BIL:4396

TYP:General Bill GB

INB:House

IND:20020108

PSP:Altman

SPO:Altman, Taylor, A. Young, Vaughn, Rodgers, Walker, Meacham-Richardson, Robinson, Barfield

DDN:l:\council\bills\gjk\20803sd02.doc

RBY:House

COM:Judiciary Committee 25 HJ

SUB:Threats of use of destructive devices, restitution for cost of responding to or dealing with

HST:

BodyDateAction DescriptionComLeg Involved

______

House20020115Co-Sponsor added (Rule 5.2) by Rep.Barfield

House20020108Introduced, read first time,25 HJ

referred to Committee

House20020107Co-Sponsor added (Rule 5.2) by Rep.Meacham-

Richardson

Robinson

House20011205Prefiled, referred to Committee25 HJ

Versions of This Bill

TXT:

A BILL

TO AMEND SECTION 16-23-750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMUNICATING THREATS RELATING TO USE OF EXPLOSIVE, INCENDIARY, OR DESTRUCTIVE DEVICES, SO AS TO PROVIDE THAT IN ADDITION TO THE PENALTIES FOR A VIOLATION OF THIS SECTION, THE PRESIDING JUDGE SHALL ORDER THE OFFENDER TO MAKE FULL RESTITUTION FOR THE COST OF RESPONDING TO OR DEALING WITH THE THREAT OR FALSELY CONVEYED INFORMATION REGARDING THE THREATENED USE OF SUCH DEVICES AND TO PROVIDE FOR THE ELEMENTS OF THIS RESTITUTION.

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

SECTION1.Section 16-23-750 of the 1976 Code, as added by Act 237 of 2000, is amended to read:

“Section 16-23-750.A person who communicates a threat or conveys false information, knowing the information to be false, concerning an attempt or alleged attempt being made or to be made to kill, injure, or intimidate any person or to damage or destroy any building or other real or personal property by means of an explosive, incendiary, or destructive device or who aids, agrees with, employs, or conspires with any person to do or cause to be done any of the acts in this section, is guilty of a felony and, upon conviction, for a first offense must be imprisoned for not less than one year nor more than ten years. For a second or subsequent offense, the person must be imprisoned for not less than five years nor more than fifteen years. A sentence imposed for a violation of this section must not be suspended and probation must not be granted.

In addition to the penalties provided for a violation of this section, the presiding judge shall order the offender to make full restitution for the cost of responding to or dealing with the threatened use of or falsely conveyed information relating to the threatened use of such devices. This restitution shall include, but not be limited to, the cost of law enforcement officials or other public officials responding to the threat at the particular location, the cost of removing people or property from the location, and the cost of any physical damage to the buildings or property, at the location. The court in its order shall specify, the public or private individuals or entities to which such restitution shall be made. Nothing in this section precludes any injured party from instituting an action for damages resulting from a violation of this section.”

SECTION2.This act takes effect upon approval by the Governor.

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