2009-2010 Bill 292: Resisting Arrest - South Carolina Legislature Online

South Carolina General Assembly

118th Session, 2009-2010

S. 292

STATUS INFORMATION

General Bill

Sponsors: Senator Bryant

Document Path: l:\s-res\klb\003assa.mrh.klb.docx

Introduced in the Senate on January 15, 2009

Currently residing in the Senate Committee on Judiciary

Summary: Resisting arrest

HISTORY OF LEGISLATIVE ACTIONS

Date Body Action Description with journal page number

1/15/2009 Senate Introduced and read first time SJ12

1/15/2009 Senate Referred to Committee on Judiciary SJ12

1/23/2009 Senate Referred to Subcommittee: Knotts (ch), Massey, Coleman

VERSIONS OF THIS BILL

1/15/2009

A BILL

TO AMEND SECTION 163625, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESISTING ARREST WITH THE USE OR THREAT OF USE OF A DEADLY WEAPON, SO AS TO PROVIDE THAT A PERSON WHO KNOWINGLY AND WILLFULLY COMMITS AN ASSAULT AND BATTERY ON A LAW ENFORCEMENT OFFICER DURING THE LAWFUL DISCHARGE OF THE OFFICER’S OFFICIAL DUTIES, OR WHEN THE OFFENSE IS DIRECTLY RELATED TO THE OFFICER’S OFFICIAL DUTIES, IS GUILTY OF A MISDEMEANOR, AND TO PROVIDE PENALTIES FOR THIS OFFENSE.

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

SECTION 1. Section 163625 of the 1976 Code is amended to read:

“Section 163625. (A) A person who knowingly and willfully commits an assault and battery on a law enforcement officer during the lawful discharge of the officer’s official duties, or when the offense is directly related to the officer’s official duties, is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not less than two months nor more than three years, or both. No person sentenced under this subsection for a second or subsequent offense shall have the sentence suspended to less than six months nor shall the person be eligible for parole until after service of six months.

(B) A person who resists the lawful efforts of a law enforcement officer to arrest him or another person with the use or threat of use of a deadly weapon against the officer, and the person is in possession or claims to be in possession of a deadly weapon, is guilty of a felony and, upon conviction, must be punished by imprisonment for not more than ten nor less than two years. No sentence imposed hereunder for a first offense shall be suspended to less than six months nor shall the persons so sentenced be eligible for parole until after service of six months. No person sentenced under this section subsection for a second or subsequent offense shall have the sentence suspended to less than two years nor shall the person be eligible for parole until after service of two years.

(D) This section does not affect or replace the common law crime of assault and battery with intent to kill nor does it apply if the sentencing judge, in his discretion, elects to sentence an eligible defendant under the provisions of the ‘Youthful Offenders Act’.”

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

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