BIL:3838
RTN:273
ACN:232
TYP:General Bill GB
INB:House
IND:20010329
PSP:Witherspoon
SPO:Witherspoon, Sharpe, Allison, Barfield, Barrett, Battle, Cato, Coates, Dantzler, Davenport, Edge, Emory, Hayes, Jennings, Kennedy, Koon, Littlejohn, Lourie, McCraw, McGee, Miller, MoodyLawrence, J.M.Neal, Rhoad, Riser, Rivers, Robinson, Sandifer, Sinclair, G.M.Smith, J.E.Smith, J.R.Smith, Snow, Stille, Stuart, Trotter, Webb and J.Young
DDN:l:\council\bills\gjk\20401sd01.doc
DPB:20020410
LAD:20020403
GOV:S
DGA:20020501
SUB:Research farm products, unlawful to damage or destroy, penalties; Agriculture, Crimes and Offenses, Courts
HST:
BodyDateAction DescriptionComLeg Involved
______
------20020514Act No. A232
------20020501Signed by Governor
------20020425Ratified R273
House20020410Concurred in Senate amendment,
enrolled for ratification
Senate20020404Read third time, returned with
amendment
------20020404Scrivener's error corrected
Senate20020403Amended, read second time
------20010525Scrivener's error corrected
Senate20010524Committee report: Favorable with01 SANR
amendment
Senate20010425Introduced, read first time,01 SANR
referred to Committee
House20010425Read third time, sent to Senate
House20010424Read second time
House20010419Committee report: Favorable20 HANR
------20010410Scrivener's error corrected
House20010329Introduced, read first time,20 HANR
referred to Committee
Versions of This Bill
Revised on 20010410
Revised on 20010419
Revised on 20010524
Revised on 20010525
Revised on 20020403
Revised on 20020404
TXT:
(A232, R273, H3838)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46175 SO AS TO MAKE IT UNLAWFUL TO DAMAGE OR DESTROY A FARM PRODUCT, RESEARCH FACILITY, OR RESEARCH EQUIPMENT USED FOR TESTING OR RESEARCH IN CONJUNCTION OR COORDINATION WITH A PRIVATE RESEARCH ENTITY, A UNIVERSITY, OR ANY FEDERAL, STATE, OR LOCAL GOVERNMENTAL AGENCY, TO PERMIT THE COURT TO ORDER RESTITUTION FOR THE DAMAGE OR DESTRUCTION, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
Damage or destruction of a farm product, research facility, or research equipment used for testing or research
SECTION1.The 1976 Code is amended by adding:
“Section 46175.(A)It is unlawful to maliciously damage or destroy a farm product, research facility, or research equipment used for testing or research in conjunction or coordination with a private research entity, a university, or any federal, state, or local governmental agency.
(B)If a person violates subsection (A) and the value of the farm product, research facility, or research equipment is:
(1)less than five hundred dollars, the person is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both;
(2)five hundred dollars or more, the person is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than five years, or both.
(C)The court may order the defendant to make restitution for the damage or destruction caused. For the purpose of ordering restitution, the court shall determine the market value of the farm product, research facility, or research equipment prior to the damage or destruction and, in so doing, shall include the cost of production, research, testing, replacement, and product development directly related to the product damaged or destroyed.
(D)The offenses and penalties provided in this section are supplemental and in addition to all other offenses and penalties provided by law.
(E)For purposes of this section:
(1)‘Farm product’ means horticultural, aquacultural, viticultural, forestry, floricultural, dairy, livestock, poultry, bee, and other products ordinarily produced on farms.
(2)‘Research facility’ means greenhouses, buildings, and offices in which farm product research is conducted.
(3)‘Research equipment’ means files, data, computers, tractors, sprayers, seeders, tools, vehicles, plants, containers, and any other item pertinent to farm product research.”
Time effective
SECTION2.This act takes effect upon approval by the Governor.
Ratified the 25th day of April, 2002.
Approved the 1st day of May, 2002.
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