2003-2004 Bill 439: Communication Device Or System, Definitions; Unlawful to Tamper With

South Carolina General Assembly

115th Session, 2003-2004

S. 439

STATUS INFORMATION

General Bill

Sponsors: Senator Knotts

Document Path: l:\council\bills\gjk\20264djc03.doc

Introduced in the Senate on March 4, 2003

Currently residing in the Senate

Summary: Communication device or system, definitions; unlawful to tamper with or destroy during commission of crime

HISTORY OF LEGISLATIVE ACTIONS

Date Body Action Description with journal page number

3/4/2003 Senate Introduced and read first time SJ8

3/4/2003 Senate Referred to Committee on Judiciary SJ8

2/11/2004 Senate Committee report: Favorable with amendment Judiciary SJ36

2/12/2004 Scrivener's error corrected

VERSIONS OF THIS BILL

3/4/2003

2/11/2004

2/12/2004

COMMITTEE REPORT

February 11, 2004

S.439

Introduced by Senator Knotts

S. Printed 2/11/04--S. [SEC 2/12/04 11:50 AM]

Read the first time March 4, 2003.

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (S.439) to amend the Code of Laws of South Carolina, 1976, by adding Section 1611745 so as to define “communication device” and “communication system” and provide, etc., respectfully

REPORT:

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

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:

/ SECTION 1. Article 7, Chapter 11, Title 16 of the 1976 Code is amended by adding:

“Section 1611745. (A) For purposes of this section:

(1) ‘Communication device’ means a telegraph, telephone, cell phone, pager, handheld radio, twoway communication device, beeper, fax machine, computer keyboard, computer, monitor, printer, telephone lines, satellite dish, a sound, light or signal receiver, or transmitting device, cable television equipment, or any other piece of electronic or associated equipment designed or intended to be used to allow one person to communicate with another person.

(2) ‘Communication system’ means a telegraph system, a telephone system, a cable television system, a satellite dish system, an electric utility system, a security system, including a video security system, a computer or electronic mail system, including the Internet or equipment to connect to the Internet; poles; cables; wires, fixtures, antennas, amplifiers, or other apparatus, equipment, or appliances designed or intended to be used to allow one person to communicate with another person, or to send, receive, use, store, or record a message, signal, light, sound, image, or electrical energy.

(B) It is unlawful for a person, with the intent to commit a criminal offense or with the intent to facilitate the commission of a criminal offense, to interrupt, cut, break, disable, destroy, or in any way injure a communication device, a communication system, or any piece, part, or component of a communication device or system.

(C) It is unlawful for a person, with the intent to commit a criminal offense or with the intent to facilitate the commission of a criminal offense, to obstruct, impede, or impair the service or transmission of a communication device or communication system during the commission of a crime, or to facilitate the commission of a criminal offense.

(D) Except as provided in Section 1611740 and subsection (E) of this section, a person who violates a provision of this section with the intent to commit or to facilitate the commission of a crime classified as a misdemeanor is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars nor more than five thousand dollars, or imprisoned for not more than three years, or both.

(E) A person who violates a provision of this section with the intent to commit or to facilitate the commission of a crime classified as a felony or in which the damage to property protected by this section exceeds five thousand dollars, is guilty of a felony and, upon conviction, must be fined not less than three thousand dollars nor more than twentyfive thousand dollars, or imprisoned for not more than ten years, or both.

(F) In addition to the criminal penalties provided in this section, a sentencing court may order a person convicted of a violation of this section to pay restitution to the owner of the property damaged or destroyed in the amount of the actual damages sustained.”

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

Renumber sections to conform.

Amend title to conform.

JOHN M. KNOTTS, JR. for Committee.

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

Minimal (Some additional costs expected but can be absorbed)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES IS:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

Judicial Department

The department indicates there will be a minimal fiscal impact on the General Fund of the State, which can be absorbed by the agency at the current level of funding. There would be no fiscal impact on federal and/or other funds.

Department of Corrections

The department indicates there will be no fiscal impact on the General Fund of the State with the passage of the proposed legislation.

Approved By:

Don Addy

Office of State Budget

[439-1]

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1611745 SO AS TO DEFINE “COMMUNICATION DEVICE” AND “COMMUNICATION SYSTEM” AND PROVIDE THAT IT IS UNLAWFUL TO DISABLE, DESTROY, OR INJURE A COMMUNICATION DEVICE OR COMMUNICATION SYSTEM DURING THE COMMISSION OF A CRIME, TO PROVIDE THAT IT IS UNLAWFUL TO OBSTRUCT, IMPEDE, OR IMPAIR THE SERVICE OR TRANSMISSION OF A COMMUNICATION DEVICE OR COMMUNICATION SYSTEM DURING THE COMMISSION OF A CRIME, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

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

SECTION 1. Article 7, Chapter 11, Title 16 of the 1976 Code is amended by adding:

“Section 1611745. (A) For purposes of this section:

(1) ‘Communication device’ means a telegraph, telephone, cell phone, pager, hand-held radio, twoway communication device, pager, beeper, fax machine, computer keyboard, computer, monitor, printer, telephone lines, satellite dish, a sound, light or signal receiver, or transmitting device, cable television equipment, or any other piece of electronic or associated equipment designed or intended to be used to allow one person to communicate with another person.

(2) ‘Communication system’ means a telegraph system, a telephone system, a cable television system, a satellite dish system, an electric utility system, a computer or electronic mail system, including the Internet or equipment to connect to the Internet, poles, cables, wires, fixtures, antennas, amplifiers, or other apparatus, equipment, or appliances designed or intended to be used to allow one person to communicate with another person, or to send, receive, use, store, or record a message, signal, light, sound, image, or electrical energy.

(B) It is unlawful for a person to interrupt, cut, break, disable, destroy, or in any way injure a communication device, a communication system, or any piece, part, or component of a communication device or system, during the commission of a crime, or to facilitate the commission of a criminal offense.

(C) It is unlawful for a person to obstruct, impede, or impair the service or transmission of a communication device or communication system during the commission of a crime, or to facilitate the commission of a criminal offense.

(D) Except as provided in Section 16-11-740 and subsection (E) of this section, a person who violates a provision of this section during the commission of or to facilitate a crime classified as a misdemeanor is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars nor more than five thousand dollars, or imprisoned for not more than three years, or both.

(E) A person who violates a provision of this section during the commission of or to facilitate a crime classified as a felony or in which the damage to property protected by this section exceeds five thousand dollars, is guilty of a felony and, upon conviction, must be fined not less than three thousand dollars nor more than twentyfive thousand dollars, or imprisoned for not more than ten years, or both.

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

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