South Carolina General Assembly
115th Session, 2003-2004
A229, R306, H3473
STATUS INFORMATION
General Bill
Sponsors: Reps. Jennings, Hosey, Whipper, Bales, Branham, Breeland, Haskins, Herbkersman, J.Hines, M.Hines, Littlejohn, Lloyd, Rivers, Simrill, Vaughn, Witherspoon and J.E.Smith
Document Path: l:\council\bills\dka\3176cm03.doc
Introduced in the House on January 30, 2003
Introduced in the Senate on March 5, 2003
Last Amended on April 28, 2004
Passed by the General Assembly on May 5, 2004
Governor's Action: May 11, 2004, Signed
Summary: Grave robbery/desecration
HISTORY OF LEGISLATIVE ACTIONS
DateBodyAction Description with journal page number
1/30/2003HouseIntroduced and read first time HJ1
1/30/2003HouseReferred to Committee on JudiciaryHJ2
2/12/2003HouseMember(s) request name added as sponsor: J.E.Smith
2/26/2003HouseCommittee report: Favorable JudiciaryHJ6
2/27/2003HouseRead second time HJ11
3/4/2003HouseRead third time and sent to Senate HJ85
3/5/2003SenateIntroduced and read first time SJ11
3/5/2003SenateReferred to Committee on JudiciarySJ11
4/21/2004SenateCommittee report: Favorable with amendment JudiciarySJ50
4/22/2004Scrivener's error corrected
4/28/2004SenateAmended SJ73
4/28/2004SenateRead second time SJ73
4/29/2004SenateRead third time and returned to House with amendments SJ23
4/29/2004Scrivener's error corrected
5/5/2004HouseConcurred in Senate amendment and enrolled HJ12
5/6/2004Ratified R 306
5/11/2004Signed By Governor
5/14/2004Copies available
5/14/2004Effective date 05/11/04
5/18/2004Act No.229
VERSIONS OF THIS BILL
1/30/2003
2/26/2003
4/21/2004
4/22/2004
4/28/2004
4/29/2004
(A229, R306, H3473)
AN ACT TO AMEND SECTION 1617600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESTRUCTION OR DESECRATION OF HUMAN REMAINS OR REPOSITORIES OF HUMAN REMAINS, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO WILFULLY AND KNOWINGLY STEAL ANYTHING OF VALUE FROM CERTAIN REPOSITORIES OF HUMAN REMAINS, TO MAKE A TECHNICAL CHANGE, AND TO REVISE THE PENALTY.
Be it enacted by the General Assembly of the State of South Carolina:
Destruction or desecration of human remains
SECTION1.Section 1617600(C) of the 1976 Code, as last amended by Act 307 of 1998, is further amended to read:
“(C)(1) It is unlawful for a person wilfully and knowingly to steal anything of value located upon or around a repository for human remains or within a human graveyard, cemetery, or memorial park, or for a person wilfully, knowingly, and without proper legal authority to destroy, tear down, or injure any fencing, plants, trees, shrubs, or flowers located upon or around a repository for human remains, or within a human graveyard, cemetery, or memorial park.
(2)A person violating the provisions of item (1) is guilty of:
(a)a felony and, upon conviction, if the theft of, destruction to, injury to, or loss of property is valued at two hundred dollars or more, must be fined not more than five thousand dollars or imprisoned not more than five years, or both, and must be required to perform not more than five hundred hours of community service;
(b)a misdemeanor triable in magistrates court if the theft of, destruction to, injury to, or loss of property is valued at less than two hundred dollars. Upon conviction, a person must be fined, imprisoned, or both, pursuant to the jurisdiction of magistrates as provided in Section 223550, and must be required to perform not more than two hundred fifty hours of community service.”
Time effective
SECTION2.This act takes effect upon approval by the Governor.
Ratified the 6th day of May, 2004.
Approved the 11th day of May, 2004.
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