South Carolina General Assembly

116th Session, 2005-2006

A391, R346, H4965

STATUS INFORMATION

General Bill

Sponsors: Reps. Loftis, Pinson, Hardwick, Barfield, Bannister, Ceips, Clark, Clemmons, Coates, Davenport, Duncan, Edge, Frye, Hamilton, Harrison, Haskins, Hiott, Mahaffey, Merrill, Norman, Owens, Perry, M.A.Pitts, Sandifer, Scarborough, F.N.Smith, Stewart, Talley, Walker, Witherspoon, Young, Mitchell, McLeod, Leach, Altman and Harrell

Document Path: l:\council\bills\nbd\12382ac06.doc

Companion/Similar bill(s): 1295

Introduced in the House on April 6, 2006

Introduced in the Senate on April 26, 2006

Last Amended on May 9, 2006

Passed by the General Assembly on May 24, 2006

Governor's Action: May 31, 2006, Vetoed

Legislative veto action(s): Veto overridden

Summary: Funeral services

HISTORY OF LEGISLATIVE ACTIONS

DateBodyAction Description with journal page number

4/6/2006HouseIntroduced and read first time HJ5

4/6/2006HouseReferred to Committee on JudiciaryHJ5

4/18/2006HouseMember(s) request name added as sponsor: Mitchell

4/19/2006HouseMember(s) request name added as sponsor: McLeod

4/19/2006HouseRecalled from Committee on JudiciaryHJ18

4/20/2006HouseMember(s) request name added as sponsor: Leach, Altman

4/25/2006HouseMember(s) request name added as sponsor: Harrell

4/25/2006HouseAmended HJ50

4/25/2006HouseRead second time HJ51

4/26/2006HouseRead third time and sent to Senate HJ12

4/26/2006Scrivener's error corrected

4/26/2006SenateIntroduced and read first time SJ17

4/26/2006SenateReferred to Committee on JudiciarySJ17

4/26/2006SenateReferred to Subcommittee: Hawkins (ch), Cromer, Sheheen, Lourie

4/27/2006SenateRecalled from Committee on JudiciarySJ7

5/9/2006SenateAmended SJ7

5/9/2006SenateRead second time SJ7

5/17/2006SenateRead third time and returned to House with amendments SJ26

5/24/2006HouseConcurred in Senate amendment and enrolled HJ34

5/25/2006Ratified R 346

5/31/2006Vetoed by Governor

6/1/2006HouseVeto overridden by originating body Yeas105 Nays0 HJ167

6/14/2006SenateVeto overridden Yeas44 Nays0 SJ99

6/21/2006Copies available

6/21/2006Effective date 06/14/06

6/28/2006Act No.391

VERSIONS OF THIS BILL

4/6/2006

4/19/2006

4/25/2006

4/26/2006

4/27/2006

5/9/2006

(A391, R346, H4965)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1617525 SO AS TO MAKE IT UNLAWFUL FOR A PERSON TO WILFULLY, KNOWINGLY, OR MALICIOUSLY DISTURB OR INTERRUPT A FUNERAL SERVICE AND TO MAKE IT UNLAWFUL TO UNDERTAKE AN ACTIVITY AT A CEMETERY, OTHER THAN DECOROUS PARTICIPATION IN A SERVICE OR VISITATION AT A BURIAL SPACE, AND TO PROVIDE PENALTIES.

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

Crime created

SECTION1.Chapter 17, Title 16 of the 1976 Code is amended by adding:

“Section 1617525.(A)It is unlawful for a person to wilfully, knowingly, or maliciously disturb or interrupt a funeral service. A person who violates this subsection is guilty of a misdemeanor and, upon conviction, shall be fined not more than five hundred dollars or imprisoned not more than thirty days. This subsection applies to a wilful, knowing, or malicious disturbance or interruption within:

(1)one thousand feet of the funeral service; and

(2)a time period of onehalf hour before the funeral service until onehalf hour after the funeral service.

(B)It is unlawful for a person to undertake an activity at a public or privately owned cemetery, other than the decorous participation in a funeral service or visitation of a burial space, without the prior written approval of the public or private owner. A person who violates this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days.

(C)For purposes of this section, ‘funeral service’ means any ceremony, procession, or memorial held in connection with the memorialization, burial, cremation, or other disposition of a deceased person’s body.”

Time effective

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

Ratified the 25th day of May, 2006.

Vetoed by the Governor -- 5/31/06.

Veto overridden by House -- 6/1/06.

Veto overridden by Senate -- 6/14/06.

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