Proposed South Carolina Firearm Legislation
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note: South Carolina carries over legislation from odd-numbered years to even numbered years without exception
Title: Concealed weapons permits
Description: Amend Section 23-31-215, Code Of Laws Of South Carolina, 1976, Relating To The Issuance Of Concealed Weapons Permits, So As To Revise The Penalty For Violating The Provisions That Prohibit A Permit Holder From Carrying A Weapon In Certain Places, And To Delete An Obsolete Code Reference.
Last Action: Member(s) request name added as sponsor: Yow
Last Action Date: January 27, 2021
Title: Second Amendment Protection Act
Description: Amend The Code Of Laws Of South Carolina, 1976, By Adding Article 9 To Chapter 31, Title 23 So As To Enact The "second Amendment Protection Act", To Exclude From Federal Regulation Any Personal Firearm, Firearm Accessory, Or Ammunition Manufactured Commercially Or Privately And Owned In This State, To Provide As Long As Any Personal Firearm, Firearm Accessory, Or Ammunition Remains Within The Borders Of This State, It Is Not Subject To Any Federal Law, Regulation, Or Authority, To Prevent Any Federal Agent Or Contracted Employee, Any State Employee, Or Any Local Authority From Enforcing Any Federal Regulation Or Law Governing Any Personal Firearm, Firearm Accessory, Or Ammunition Manufactured Commercially Or Privately And Owned In This State, As Long As It Remains Within This State, To Prohibit The Arrest Or Detention Prior To A Trial For A Violation Of This Article, To Provide The Attorney General May Seek Injunctive Relief In Court To Enjoin Certain Federal Officials From Enforcing Federal Law Regarding A Firearm, A Firearm Accessory, Or Ammunition That Is Manufactured Commercially Or Privately And Owned In This State And Remains Within The Borders Of This State.
Last Action: Member(s) request name added as sponsor: M.M.Smith
Last Action Date: March 22, 2021
Title: Traffic stops
Description: Amend The Code Of Laws Of South Carolina, 1976, By Adding Section 56-5-3910 So As To Provide That During A Motor Vehicle Traffic Stop, The Driver And Passengers In A Motor Vehicle Must Disclose To The Law Enforcement Officer The Existence Of All Firearms Located In The Motor Vehicle.
Last Action: Referred to Committee on Education and Public Works
Last Action Date: January 12, 2021
Title: SC Constitutional Carry Act of 2021
Description: Amend The Code Of Laws Of South Carolina, 1976, So As To Enact The "south Carolina Constitutional Carry Act Of 2021"; To Amend Section 10-11-320, Relating To Carrying Or Discharging Of A Firearm, So As To Delete The Term "concealable Weapons Permit" And Replace It With The Term "firearm"; To Amend Section 16-23-20, Relating To The Unlawful Carrying Of A Handgun, So As To Delete References To A Concealed Weapons Permit Issued To A Person, To Revise The Provision That Allows A Handgun To Be Carried By A Person In A Vehicle, And To Provide That A Person Who Is Not Prohibited From Possessing Firearms Under State Law May Carry A Handgun Under Certain Circumstances; To Amend Sections 16-23-420 And 16-23-430, Both Relating To The Possession Of A Firearm On School Property, So As To Delete References To Concealed Weapon Permits, To Delete The Term "weapon" And Replace It With The Term "firearm", And To Provide That Both Sections Do Not Apply To A Person Who Lawfully Is Carrying A Weapon Secured In A Motor Vehicle; To Amend Section 16-23-460, Relating To Carrying Concealed Weapons, So As To Delete A Reference To Article 4, Chapter 31, Title 23, To Provide That This Section Does Not Apply To A Person Lawfully Carrying A Concealable Weapon, And To Provide That This Section Does Not Apply To Handguns; To Amend Section 51-3-145, Relating To Certain Acts That Are Unlawful In A State Park, So As To Make Technical Changes; To Amend Section 23-31-210, Relating To Certain Terms And Their Definitions Relating To The Issuance Of Concealable Weapon Permits, So As To Revise The Definition Of The Term "concealable Weapon"; To Amend Section 16-23-465, Relating To Penalties For Unlawfully Carrying A Firearm Onto The Premises Of A Business Selling Alcoholic Liquor, Beer, Or Wine For Consumption On The Premises, So As To Delete A Reference To A Person Carrying A Concealable Weapon Pursuant To Article 4, Chapter 31, Title 23, And To Provide That This Section Does Not Apply To A Person Lawfully Carrying A Concealable Weapon Who Does Not Consume Alcoholic Liquor, Beer, Or Wine While Carrying A Weapon On The Business Premises; To Amend Section 23-31-215, Relating To The Issuance Of A Concealed Weapon Permit, So As To Delete The Provision That Requires A Permit Holder To Possess His Permit Identification When Carrying A Concealable Weapon, The Provision That Requires A Permit Holder To Inform A Law Enforcement Officer That He Is A Permit Holder And Present The Permit To The Officer Under Certain Circumstances, And The Penalty Associated With This Provision, To Provide An Exception To The Provision That Prohibits The Carrying Of A Concealable Weapon Onto Certain Premises, To Delete The Provision That Provides For The Revocation Of A Person's Permit When He Violates Certain Provisions Contained In This Section, To Provide That Valid Out-of-state Permits To Carry Concealable Weapons By A Resident Of Another State Must Be Honored By The State, To Revise The Provision That Allows Certain Persons To Carry A Concealable Weapon Without A Permit, And To Delete The Term "reciprocal State" And Replace It With The Term "another State"; To Amend Sections 23-31-220 And 23-31-225, Both Relating To A Property Owner's Right To Allow A Holder Of A Concealed Weapons Permit To Carry A Weapon Onto His Property, So As To Make Technical Changes, To Provide That This Provision Regulates Both Persons Who Possess And Do Not Possess A Concealable Weapons Permit, To Delete The Provision That Requires The Revocation Of A Permit For A Violation Of Certain Provisions Of Law, And To Delete A Reference To The Provision That Provides For The Issuance Of Concealed Weapon Permits; And To Amend Section 23-31-240, Relating To Persons Who Are Allowed To Carry A Concealed Weapon While On Duty, So As To Delete The Provision That Requires These Persons To Possess A Concealed Weapon Permit.
Last Action: Member(s) request name added as sponsor: May, Dabney
Last Action Date: January 14, 2021
Title: Second Amendment Preservation Act
Description: Amend The Code Of Laws Of South Carolina, 1976, By Adding Article 9 To Chapter 31, Title 23 So As To Enact The "second Amendment Preservation Act" And Provide That No Public Funds, Personnel, Or Property Shall Be Allocated For The Implementation, Regulation, Or Enforcement Of Any Executive Order, Or Directive Issued By The President Of The United States Or An Act Of The United States Congress That Becomes Effective After January 1, 2021, That Regulates The Ownership, Use, Or Possession Of Firearms, Ammunition, Or Firearm Accessories, And To Define The Term "firearm".
Last Action: Member(s) request name added as sponsor: M.M.Smith
Last Action Date: March 23, 2021
Title: Concealed weapons permit
Description: Amend Section 23-31-215, Code Of Laws Of South Carolina, 1976, Relating To The Issuance Of Concealed Weapon Permits, So As To Revise The Provision That Allows This State To Grant Authority To Carry A Weapon In This State To A Nonresident.
Last Action: Member(s) request name added as sponsor: Caskey
Last Action Date: January 13, 2021
Title: Law enforcement officers, retired ID issuance
Description: Amend Section 23-31-600, Code Of Laws Of South Carolina, 1976, Relating To The Issuance Of Identification Cards To Qualified Retired Law Enforcement Officers, The Circumstances In Which A Qualified Law Enforcement Officer May Carry A Concealed Weapon, And Opportunities For Training To Qualify To Carry A Firearm That Must Be Offered To A Qualified Retired Law Enforcement Officer, So As To Delete The Provision That Restricts The Carrying Of A Concealed Weapon Onto Certain Premises, And To Provide At No Charge, The State Law Enforcement Division Shall Issue Concealed Weapon Permits Under Certain Circumstances To Certain Holders Of Qualified Retired Law Enforcement Officer Credentials.
Last Action: Member(s) request name added as sponsor: Hixon, Oremus, Blackwell, Forrest, D.C.Moss, Bryant
Last Action Date: April 27, 2021
Title: Open Carry with Training Act
Description: Amend The Code Of Laws Of South Carolina, 1976, So As To Enact The "open Carry With Training Act"; To Amend Section 23-31-210, Relating To The Issuance Of Concealed Weapon Permits, So As To Revise The Definition Of The Term "concealable Weapon" To Include Certain Firearms That May Be Carried Openly On One's Person; To Amend Section 16-23-20, Relating To The Carrying Of A Handgun, So As To Provide A Person Who Possesses A Concealed Weapon Permit May Carry It Openly On Or About His Person In A Vehicle; To Amend Section 23-31-220, Relating To The Right Of An Employer To Prohibit A Person From Carrying A Concealable Weapon On His Premise, So As To Provide This Provision Also Applies To Openly Carrying A Weapon Onto The Premise And Provide An Employer Or Owner Of A Business May Post A Sign Regarding The Prohibition Or Allowance Of Concealable Weapons On His Premise; To Amend Section 23-31-235, Relating To The Posting Of Signs Prohibiting The Carrying Of Concealable Weapons Upon A Premise, So As To Provide This Provision Also Applies To Openly Carrying A Concealed Weapon On A Premise And Provide An Employer Or Owner Of A Business May Post A Sign Regarding The Prohibition Or Allowance Of Concealable Weapons On His Premise; To Amend Section 23-31-210, Relating To The Definition Of Certain Terms Relating To The Issuance Of Concealed Weapon Permits, So As To Revise The Definition Of The Term "proof Of Training"; By Adding Section 23-21-232 So As To Provide A Church Official Or Governing Body May Allow A Person Who Holds A Permit To Carry A Concealable Weapon To Carry The Weapon Concealed Or Openly On Premises Of Certain Schools Leased By The Church For Church Services Or Official Church Activities Under Certain Circumstances; To Amend Section 23-31-520, Relating To A Local Government's Authority To Regulate The Discharge Or Public Brandishment Of Firearms And The Prohibition Imposed Upon A Local Government To Confiscate Certain Firearms And Ammunition, So As To Allow A Local Government To Temporarily Restrict Open Carrying Of A Firearm On Public Property During Certain Events And Provide The Circumstances When Open Carrying Of A Firearm Is Permitted At These Events; By Adding Section 23-31-250 So As To Provide The State And Its Political Subdivisions Can Not Be Compelled By The Federal Government To Implement Or Enforce A Law Related To An Individual's Right To Keep And Bear Arms That Limits Or Proscribes Carrying Concealable Weapons Under Certain Circumstances, To Direct The Attorney General To Evaluate These Laws And Issue A Written Opinion Of Whether The Laws Are Prohibited, And Provide Actions To Be Taken By The State And Its Political Subdivisions If The Attorney General Determines The Law Violates This Provision; To Amend Section 14-17-325, Relating To The Clerks Of Court Reporting The Disposition Of Court Of General Sessions Cases To The State Law Enforcement Division, So As To Shorten The Reporting Period, To Provide Clerks Of Court Also Shall Report The Issuance, Rescission, Or Termination Of Certain Indictments And Orders, And To Make Technical Changes; By Adding Section 22-1-200 So As To Require Magistrates To Report To The State Law Enforcement Division Within Five Days, Weekends And Holidays Excluded, The Disposition Of Each Criminal Case And Report To The Division The Issuance, Rescission, Or Termination Of Certain Orders; By Adding Section 14-25-250 So As To Provide Municipal Judges Shall Report The Disposition Of Each Criminal Case To The State Law Enforcement Division Within Five Days, Weekends And Holidays Excluded, The Issuance, Rescission, Or Termination Of Certain Orders; By Adding Section 63-3-545 So As To Provide Clerks Of Family Court Shall Report To The State Law Enforcement Division Within Five Days, Weekends And Holidays Excluded, The Issuance, Rescission, Or Termination Of Certain Orders; To Amend Section 23-31-240, Relating To Certain Public Officials Who Are Allowed To Carry A Concealed Weapon While On Duty, So As To Delete The Provision That Restricts The Carrying Of The Weapon When The Official Is Carrying Out The Duties Of His Office And Add The Attorney General And Assistant Attorneys General To The Officials Covered By This Provision; And To Amend Section 23-31-215, Relating To The Issuance Of Concealed Weapon Permits, So As To Eliminate The Payment Of An Application Fee, And The State Law Enforcement Handgun Training Course Fee, And Provide The Division May Not Charge A Fee For A Concealed Weapon Permit. - Ratified Title
Last Action: Act No. 66
Last Action Date: June 1, 2021
Title: SC Constitutional Carry Act of 2021
Description: Amend The Code Of Laws Of South Carolina, 1976, So As To Enact The "south Carolina Constitutional Carry Act Of 2021"; To Amend Section 10-11-320, Relating To Carrying Or Discharging Of A Firearm, So As To Delete The Term "concealable Weapons Permit" And Replace It With The Term "firearm"; To Amend Section 16-23-20, Relating To The Unlawful Carrying Of A Handgun, So As To Revise The Locations And Circumstances Where Carrying A Handgun Is Legal; To Amend Section 16-23-50, Relating To Penalties Associated With Violating Certain Handgun Laws, So As To Provide That The Penalties Do Not Apply To A Person Carrying A Concealable Weapon Onto A Premise That Displays A Sign That Prohibits The Carrying Of A Concealable Weapon; To Amend Sections 16-23-420 And 16-23-430, Both Relating To The Possession Of A Firearm On School Property, So As To Delete References To Concealed Weapon Permits, To Delete The Term "weapon" And Replace It With The Term "firearm", And To Provide That Both Sections Do Not Apply To A Person Who Lawfully Is Carrying A Weapon Secured In A Motor Vehicle; To Amend Section 16-23-465, Relating To Penalties For Carrying A Firearm Into A Business That Sells Alcoholic Beverages For On-premise Consumption, So As To Provide This Provision Does Not Apply To A Person Who Violates Certain Offenses, And To Provide Additional Circumstances When It Does Apply To Certain Offenses; To Amend Section 23-31-215, Relating To The Issuance Of A Concealed Weapon Permit, So As To Delete The Provision That Requires A Permit Holder To Possess His Permit Identification When Carrying A Concealable Weapon, To Revise The Provision That Lists The Places Upon Which A Person May Not Carry A Concealable Weapon, To Revise The Provision That Allows Certain Persons To Carry A Concealable Weapon Without A Permit, And Revise The Penalties That May Be Imposed Pursuant To This Section; To Amend Section 23-31-220, Relating To A Property Owner's Right To Allow A Holder Of A Concealed Weapons Permit To Carry A Weapon Onto His Property, So As To Make Technical Changes, To Provide This Provision Regulates Both Persons Who Possess And Do Not Possess A Concealable Weapons Permit, And To Provide This Provision Applies To A Person Who Knowingly Brings A Concealable Weapon Onto A Premise Or Workplace; To Amend Section 23-31-235, Relating To The Posting Of Signs That Prohibit The Carrying Of Concealable Weapons Onto A Premise, So As To Provide The Signage Prohibits Both Permit Holders And Non-permit Holders From Carrying A Weapon Onto The Premise; And To Repeal Sections 16-23-460, 23-31-225, And 23-31-230 Relating To Unlawfully Carrying A Concealed Deadly Weapon, And Carrying A Concealable Weapon From A Motor Vehicle To Certain Rental Dwellings.
Last Action: Scrivener's error corrected
Last Action Date: April 8, 2021
Title: Firearms
Description: Amend The Code Of Laws Of South Carolina, 1976, By Adding Section 6-1-190 So As To Provide That Certain Individuals May Not Participate In The Enforcement Of Any Unconstitutional Law Regarding Personal Firearms, Firearm Accessories, Or Ammunition, To Provide Penalties, And To Provide Exceptions.
Last Action: Member(s) request name added as sponsor: Willis, M.M.Smith
Last Action Date: March 23, 2021
Title: Pardons
Description: Amend The Code Of Laws Of South Carolina, 1976, By Adding Section 24-21-925 So As To Provide That A Limited Pardon May Be Granted To A Person Who Has Been Convicted Of A Felony Offense, That Is Not Considered A "crime Of Violence", That Would Allow Him To Possess A Firearm For The Purpose Of Hunting Only, And To Provide An Application Fee.
Last Action: Member(s) request name added as sponsor: Ott
Last Action Date: January 13, 2021
Title: Law enforcement officers, retired ID issuance
Description: Amend Section 23-31-600, Code Of Laws Of South Carolina, 1976, Relating To The Issuance Of Identification Cards To Qualified Retired Law Enforcement Officers, The Circumstances In Which A Qualified Law Enforcement Officer May Carry A Concealed Weapon, And Opportunities For Training To Qualify To Carry A Firearm That Must Be Offered To A Qualified Retired Law Enforcement Officer, So As To Delete The Provision That Restricts The Carrying Of A Concealed Weapon Onto Certain Premises.
Last Action: Member(s) request name added as sponsor: Caskey
Last Action Date: January 13, 2021
Title: Terrorism
Description: Amend The Code Of Laws Of South Carolina, 1976, By Adding Article 5 To Chapter 8, Title 16 Entitled "terrorism" So As To Provide For The Offense Of Furthering Terrorism, Define The Elements Of The Offense, And To Provide A Penalty; To Create The Offense Of Material Or Financial Support Of An Act Of Terrorism Or Concealment Of The Actions Or Plans Of Another To Carry Out An Act Of Terrorism, Define The Elements Of The Offense, And To Provide A Penalty; And To Provide For The Seizure And Forfeiture Of Real And Personal Property Used In Connection With An Offense Contained In The Article; And To Amend Section 16-23-710, Relating To Offenses Involving Handguns, So As To Amend The Definition Of "terrorism".
Last Action: Member(s) request name added as sponsor: Caskey
Last Action Date: January 13, 2021
Title: Firearm and ammunition, unlawful possession by violent crime offender
Description: Amend Section 16-23-500, Code Of Laws Of South Carolina, 1976, Relating To The Unlawful Possession Of A Firearm Or Ammunition By A Person Convicted Of A Violent Crime, So As To Expand The Parameters Of The Offense To Include Persons Convicted Of A Crime Punishable By Imprisonment Of More Than One Year And To Provide Increased, Graduated Penalties For A Violation.
Last Action: Member(s) request name added as sponsor: Gilliam
Last Action Date: February 24, 2021
Title: Firearms criminal background checks
Description: Amend The Code Of Laws Of South Carolina, 1976, By Adding Article 2 To Chapter 31, Title 23 Entitled "firearms Criminal Background Checks" So As To Require That A National Instant Criminal Background Check Must Be Completed And Delivery Of A Firearm To A Purchaser Or Transferee May Not Take Place Until The Results Of All Required Background Checks Are Known And The Purchaser Or Transferee Is Not Prohibited From Delivery Of The Firearm.
Last Action: Member(s) request name added as sponsor: J.L.Johnson
Last Action Date: January 14, 2021
Title: Firearms criminal background checks
Description: Amend The Code Of Laws Of South Carolina, 1976, By Adding Article 2 To Chapter 31, Title 23 So As To Require A National Instant Criminal Background Check Before Any Sale, Exchange, Or Transfer Of A Firearm In This State And To Provide Procedures For The Background Checks; To Require National Instant Criminal Background Checks At Gun Shows And To Provide Procedures For The Background Checks; And To Exempt Records Kept From Disclosure As A Public Record Under The Freedom Of Information Act And To Provide A Penalty For A Violation Of The Article.
Last Action: Member(s) request name added as sponsor: J.L.Johnson
Last Action Date: January 14, 2021
Title: Citizen and Taxpayer Protection Act
Description: Amend The Code Of Laws Of South Carolina, 1976, So As To Enact The "citizen And Taxpayer Protection Act"; By Adding Section 8-1-90 So As To Declare That A Public Officer Ordering Law Enforcement To Prohibit Enforcement Provisions Of The Citizen And Taxpayer Protection Act Is Guilty Of Misconduct In Office; By Adding Section 10-1-220 So As To Prohibit Camping On State-owned Land That Is Not Designated For Camping; By Adding Section 16-3-605 So As To Designate An Assault On A First Responder As A Separate Crime; By Adding Section 16-5-150 So As To Prohibit The Unlawful Obstruction Of Public Highways And Roads; To Amend Section 16-3-210, Relating To Assault And Battery By A Mob, So As To Establish A Presumption For Premeditation And To Remove Nonbinding Law; To Amend Section 16-3-1075, Relating To Felony Carjacking, So As To Add A Presumption When An Attempt To Take A Motor Vehicle Is Committed By A Mob; To Amend Section 16-5-130, Relating To Penalties For Instigating, Aiding, Or Participating In A Riot, So As To Include A Mandatory Order Of Restitution Upon Conviction; To Amend Section 16-11-440, So As To Include References To The Definition Of "mob"; To Amend Section 16-23-410, Relating To Pointing A Firearm At Another Person, So As To Provide A Defense When A Person Is Being Confronted By A Mob; And To Amend Section 23-31-520, Relating To The Power To Regulate Public Use Of Firearms And The Confiscation Of Firearms Or Ammunition, So As To Remove The Authority Of A County, Municipality, Or Political Subdivision To Regulate Gun Discharge Or The Brandishment Of A Firearm.
Last Action: Member(s) request name added as sponsor: Daning
Last Action Date: June 21, 2021
Title: Firearms
Description: Amend Section 16-23-210, Code Of Laws Of South Carolina, 1976, Relating To Definitions For Purposes Of The Article, So As To Define The Terms "assault Weapon" And "high-capacity Magazines"; And To Amend Sections 16-23-220, 16-23-230, And 16-23-240, All Relating To The Unlawful Transportation, Storing, Keeping, Or Possessing; And Sale, Rental, Or Giving Away Of Machine Guns, Military Firearms, Sawed-off Shotguns Or Rifles, Respectively, So As To Include Assault Weapons And High-capacity Magazines In The List Of Items Banned By The Provisions Of The Statutes.
Last Action: Member(s) request name added as sponsor: K.O.Johnson, King
Last Action Date: January 13, 2021
Title: Concealed weapons permits
Description: Amend Section 16-23-420, Code Of Laws Of South Carolina, 1976, Relating To The Possession Of A Firearm On A Post-secondary Institution's Property So As To Delete The Restrictions Placed On A Holder Of A Concealed Weapon Permit On Carrying A Firearm On Post-secondary School Property, And To Make Technical Changes; And To Amend Section 23-31-215, As Amended, Relating To The Issuance Of Concealed Weapon Permits, So As To Delete The Restriction Placed On The Carrying Of A Weapon Into A College Athletic Event, And To Delete An Obsolete Code Reference, And To Make Technical Changes.
Last Action: Referred to Committee on Judiciary
Last Action Date: January 12, 2021
Title: SC CWP Statistics Improvement Act of 2021
Description: Amend Section 23-31-215, Code Of Laws Of South Carolina, 1976, Relating To The Issuance Of Concealed Weapon Permits, So As To Enact The "south Carolina Cwp Statistics Improvement Act Of 2021" By Revising The Contents Of The Annual Report Sled Must Publish Containing Information Regarding Issuance, Renewal, Suspensions, And Revocations Of Permits.
Last Action: Referred to Committee on Judiciary
Last Action Date: January 12, 2021
Title: Firearms
Description: Amend The Code Of Laws Of South Carolina, 1976, By Adding Article 11 To Chapter 31, Title 23 So As To Provide It Is Unlawful For A Financial Institution Or Governmental Entity To Discriminate Against Certain Manufacturers And Retailers Of Firearms, Firearm Accessories, Or Ammunition, And To Provide Penalties.
Last Action: Member(s) request name added as sponsor: May, Dabney
Last Action Date: January 14, 2021
Title: Firearms or ammunition, regulation and public use
Description: Amend Sections 23-31-510, And 23-31-520, Code Of Laws Of South Carolina, 1976, Both Relating To The Regulation Of The Ownership, Transfer, Or Possession Of Firearms Or Ammunition And The Public Use And Confiscation Of Firearms Or Ammunition, So As To Provide Both Provisions Also Apply To The Regulation Of Knives.
Last Action: Member(s) request name added as sponsor: Hill, Gagnon
Last Action Date: January 27, 2022
Title: Red Flags
Description: Amend The Code Of Laws Of South Carolina, 1976, So As To Enact The "red Flags Act"; By Adding Article 12 To Chapter 31, Title 23 So As To Provide For The Authority Of Law Enforcement Officers To Seize A Person's Firearms And Ammunition If The Person Poses A Risk Of Imminent Personal Injury To Himself Or Other Individuals; To Establish Criteria Addressing Application For And Issuance Of A Warrant; To Require The Probate Court To Hold A Hearing Within Seven Days Of Execution Of The Warrant To Determine Whether The Firearms And Ammunition May Be Returned To The Person; And For Other Purposes.
Last Action: Member(s) request name removed as sponsor: Pope
Last Action Date: January 27, 2021
Title: Firearm and ammunition, unlawful possession by violent crime offender
Description: Amend Section 16-23-500, Code Of Laws Of South Carolina, 1976, Relating To The Unlawful Possession Of A Firearm Or Ammunition By A Person Convicted Of A Violent Crime, So As To Expand The Parameters Of The Offense To Include Persons Convicted Of A Crime Punishable By Imprisonment Of More Than One Year And To Provide Increased, Graduated Penalties For A Violation.
Last Action: Member(s) request name added as sponsor: McGarry
Last Action Date: January 27, 2021
Title: Firearms
Description: Amend Section 23-31-510, Code Of Laws Of South Carolina, 1976, Relating To The Regulation Of The Ownership, Transfer, Or Possession Of A Firearm Or Ammunition, And A Landowner Discharging A Firearm On His Property Under Certain Circumstances, So As To Provide A Penalty For A Violation Of This Section.
Last Action: Referred to Committee on Judiciary
Last Action Date: January 27, 2021
Title: Shooting ranges
Description: Amend The Code Of Laws Of South Carolina, 1976, By Adding Section 31-18-65 So As To Provide That Every Shooting Range Established Or Expanded On Or After July 1, 2021, Must Develop And Continuously Maintain A Written Safety Plan For The Protection Of Shooting Range Participants And The General Public Which Enumerates Safety Requirements For The Shooting Range And Shooting Range Participants, Including Its Hours Of Operation, The Types Of Weapons And Ammunition Which May Be Used, And The Manner Of Cleanup And Disposal Of Discharged Shell Casings To Protect The Environment And Groundwater, And To Provide That The Safety Plan Must Be Available For Public Inspection During Reasonable Business Hours When The Range Is Open And To Provide For A Civil Penalty For Violations By Any Shooting Range Which Does Not Comply With The Requirements Of This Section.
Last Action: Member(s) request name added as sponsor: Carter
Last Action Date: February 11, 2021
Title: Reporting of Information to SLED, Firearms Background Checks
Description: Amend Section 14-17-325, Code Of Laws Of South Carolina, 1976, Relating To The Requirement That Clerks Of Court Report Dispositions Of Cases In General Sessions Court, So As To Require That Every Clerk Of Court Shall Report To The South Carolina Law Enforcement Division Within Ten Days, Weekends And Holidays Excluded, The Disposition Of Each Case In General Sessions, And To Report Within Forty-eight Hours The Issuance Of A Restraining Order, Order Of Protection, Order For The Prevention Of Possession Of A Firearm, Convictions Or Orders Related To Domestic Violence, Orders Related To Stalking, Intimidation, Or Harassment, And Orders For Bond With Any Limitations Listed In This Section; By Adding Section 22-1-200 So As To Require Magistrates To Report To The South Carolina Law Enforcement Division Within Ten Days, Weekends And Holidays Excluded, The Disposition Of Each Criminal Case, And To Report Within Forty-eight Hours The Issuance Of A Restraining Order, Order Of Protection, Order For The Prevention Of Possession Of A Firearm, Convictions Or Orders Related To Domestic Violence, And Convictions Or Orders Related To Stalking, Intimidation, Or Harassment, And Orders For Bond With Any Limitations Listed In This Section; By Adding Section 14-25-250 So As To Require Magistrates To Report To The South Carolina Law Enforcement Division Within Ten Days, Weekends And Holidays Excluded, The Disposition Of Each Criminal Case, And To Report Within Forty-eight Hours The Issuance Of A Restraining Order, Order Of Protection, Order For The Prevention Of Possession Of A Firearm, Convictions Or Orders Related To Domestic Violence, And Convictions Or Orders Related To Stalking, Intimidation, Or Harassment, And Orders For Bond With Any Limitations Listed In This Section; By Adding Section 23-1-250 So As To Require Each Law Enforcement Agency To Report To Sled Within Twenty-four Hours, The Filing Of Each Incident Report, Order Of Protection, Restraining Order, Any Order Or Report Relating To An Incident Of Domestic Violence, Or Any Incident In Which A Person May Be Prohibited From Obtaining Or Possessing A Firearm By State Or Federal Law; By Adding Article 9 To Chapter 23, Title 16 So As To Define Necessary Terms, To Require That No Gun Transfer Preceded By A Criminal Background Check May Proceed, Unless The Criminal Background Check Has Concluded That The Sale May Proceed, Or Until At Least Five Days Have Passed From The Initiation Of The Background Check And The National Instant Criminal Background Check System Has Not Reported That The Sale Would Violate State Or Federal Law, And To Provide For Criminal Penalties For Violations Of This Article; And To Provide For The Sun Setting Of The Five-day Background Check Provisions Upon The Full Implementation Of The Reporting Requirements Of This Act But Not Later Than Two Years From The Effective Date Of The Act.
Last Action: Referred to Committee on Judiciary
Last Action Date: February 18, 2021
Title: Firearms - Bump Stock Unlawful
Description: Amend The Code Of Laws Of South Carolina, 1976, By Adding Section 16-23-540 So As To Prohibit The Possession, Distribution, Or Manufacture Of A Device, Part, Component, Attachment, Or Accessory Intended To Accelerate The Rate Of Fire Of A Semiautomatic Firearm, To Provide A Penalty For A Violation Of This Section And To Allow Exceptions Under Certain Circumstances.
Last Action: Member(s) request name added as sponsor: Murray
Last Action Date: January 12, 2022
Title: Coroners - First Responders
Description: Amend Section 23-31-240, Code Of Laws Of South Carolina, 1976, Relating To Persons Allowed To Carry A Concealable Weapon While On Duty, So As To Include The Attorney General And Assistant Attorneys General In The Purview Of The Statute.
Last Action: Referred to Committee on Judiciary
Last Action Date: February 23, 2021
Title: Firearms - Reporting of Lost or Stolen Firearms
Description: Amend The Code Of Laws Of South Carolina, 1976, By Adding Section 16-23-540 So As To Require An Owner Or Other Person Lawfully In Possession Of A Firearm, Rifle, Or Shotgun To Report The Loss Or Theft Of Each Such Weapon, To Require The Appropriate Law Enforcement Agency To Collect Certain Information Regarding A Lost Or Stolen Weapon, And To Provide Graduated Penalties For The Failure To Report A Lost Or Stolen Weapon.
Last Action: Member(s) request name added as sponsor: Brawley
Last Action Date: April 7, 2021
Title: Firearm seizure by law enforcement
Description: Amend The Code Of Laws Of South Carolina, 1976, By Adding Article 12 To Chapter 31, Title 23 So As To Provide For The Authority Of Law Enforcement Officers To Seize A Person's Firearms And Ammunition If The Person Poses A Risk Of Imminent Personal Injury To Himself Or Other Individuals; To Establish Criteria Addressing Application For And Issuance Of A Warrant; To Require The Probate Court To Hold A Hearing Within Seven Days Of Execution Of The Warrant To Determine Whether The Firearms And Ammunition May Be Returned To The Person; And For Other Purposes.
Last Action: Referred to Committee on Judiciary
Last Action Date: April 14, 2021
Title: Gun violence awareness month
Description: Raise The Awareness Of The Bradley Blake Foundation Surrounding The Issue Of Gun Violence And To Declare The Month Of June 2021 "gun Violence Awareness Month".
Last Action: Referred to Committee on Judiciary
Last Action Date: May 5, 2021
Title: Hand Guns - Penalties and Disposal
Description: Amend Section 16-23-50, Code Of Laws Of South Carolina, 1976, Relating To Penalties Associated With The Unlawful Carrying, Sale, Possession, Delivery, Lease, Rent, Barter, Exchange, Or Transport Of Handguns By Certain Persons, And The Disposal Of Certain Weapons By Law Enforcement Agencies, So As To Increase The Penalty For The Unlawful Sale, Delivery, Lease, Rent, Barter, Loan, Exchange, Or Transport Of Certain Handguns And Provide That Records Of All Handguns Confiscated By Law Enforcement Agencies Must Be Made Available To The Public And Must Trace The Origins Of The Handguns.
Last Action: Referred to Committee on Judiciary
Last Action Date: January 11, 2022
Title: Discharging Firearms into Dwellings or Other Structures
Description: Amend Section 16-23-440, Code Of Laws Of South Carolina, 1976, Relating To The Offense Of Discharging Firearms At Or Into Dwellings, Structures, Enclosures, Vehicles, Or Equipment, So As To Expand The Purview Of The Offense To Include Schools, Churches Or Places Of Worship, Indoor Or Outdoor Shopping Areas Or Malls, Movie Theaters, Parking Lots, And Any Other Public Gathering, To Provide Mandatory Minimum Penalties For A Violation, And To Provide For Greater Penalties If Great Bodily Injury Or Death Occurs As A Result Of A Violation.
Last Action: Referred to Committee on Judiciary
Last Action Date: January 12, 2022
Title: Firearms
Description: Amend The Code Of Laws Of South Carolina, 1976, By Adding Section 16-23-540 So As To Define Necessary Terms, To Create The Offenses Of Criminally Negligent Storage Of A Firearm In The First And Second Degree, And To Provide Penalties; And By Adding Section 16-23-550 So As To Require The Owner Or Other Person Lawfully In Possession Of A Firearm To Report The Loss Or Theft Of Each Such Weapon Within Twenty-four Hours, And To Provide Graduated Penalties For Violations.
Last Action: Referred to Committee on Judiciary
Last Action Date: January 19, 2022
Title: Access to Firearms by Children
Description: Amend The Code Of Laws Of South Carolina, 1976, To Enact "the Kingston Act" By Adding Article 6 To Chapter 23, Title 16 So As To Title The Article "access To Firearms By Children", Define Necessary Terms, And To Create The Offenses Of Unsecured Firearm And Unsupervised Child Firearm Use And Provide Graduated Penalties For Violations.
Last Action: Referred to Committee on Judiciary
Last Action Date: February 16, 2022
Title: Unlawful Carrying of Handguns
Description: Amend Section 16-23-20, As Amended, Code Of Laws Of South Carolina, 1976, Relating To The Unlawful Carrying Of Handguns And Exceptions, So As To Prohibit Custodial Arrest Of A Person In Possession Of A Lawful Handgun And Prohibit Confiscation Of A Lawful Handgun Under Certain Circumstances.
Last Action: Referred to Committee on Judiciary
Last Action Date: April 6, 2022
Title: Weapons on school property
Description: Amend Section 16-23-420, Code Of Laws Of South Carolina, 1976, Relating To The Possession Of A Firearm On School Property, So As To Prohibit The Possession Or Discharge Of A Firearm On Or Within One Thousand Feet Of Any Premises Or Property Owned, Operated, Or Controlled By A Private Or Public School, College, University, Technical College, Or Other Post-secondary Institution, Or Any Publicly Owned Building Without The Express Permission Of The Authorities In Charge Of The Premises Or Property.
Last Action: Referred to Committee on Judiciary
Last Action Date: January 12, 2021
Title: SC Constitutional Carry Act of 2021
Description: Enact The "south Carolina Constitutional Carry Act Of 2021"; To Amend Section 10-11-320(b) Of The 1976 Code, Relating To Carrying Or Discharging A Firearm On The Capitol Grounds, To Provide That A Person May Possess A Firearm Upon The Capitol Grounds Under Certain Circumstances; To Amend Section 16-23-20 Of The 1976 Code, Relating To The Unlawful Carrying Of A Handgun, To Provide That A Person May Carry A Handgun In A Vehicle If Not Prohibited By Law From Possessing The Weapon And To Provide That A Person Who Is Not Prohibited From Possessing Firearms Under State Law May Carry A Handgun; To Amend Sections 16-23-420 And 16-23-430(b) Of The 1976 Code, Both Relating To The Possession Of A Firearm On School Property, To Provide That A Person May Possess A Firearm On School Property Under Certain Circumstances; To Amend Section 16-23-460 Of The 1976 Code, Relating To Carrying Concealable Weapons, To Provide That A Person Lawfully Carrying A Concealable Weapon Or A Handgun May Carry The Weapon Concealed About His Person; To Amend Section 16-23-465(b)(1) Of The 1976 Code, Relating To Penalties For Unlawfully Carrying A Firearm Onto The Premises Of A Business Selling Alcoholic Liquor, Beer, Or Wine For On-premises Consumption, To Provide An Exception For A Person Lawfully Carrying A Concealable Weapon Who Does Not Consume Alcoholic Liquor, Beer, Or Wine; To Amend Section 51-3-145(g) Of The 1976 Code, Relating To Certain Acts That Are Unlawful In A State Park, To Make Technical Changes; To Amend Section 23-31-215(k), (m), (n), And (o) Of The 1976 Code, Relating To The Issuance Of A Concealed Weapon Permit, To Delete The Provision That Requires A Permit Holder To Possess His Permit Identification When Carrying A Concealable Weapon, The Provision That Requires A Permit Holder To Inform A Law Enforcement Officer That He Is A Permit Holder And Present The Permit To The Officer Under Certain Circumstances, And The Associated Penalty, To Provide An Exception To The Provision That Prohibits The Carrying Of A Concealable Weapon Onto Certain Premises, To Delete The Provision That Provides For The Revocation Of A Person's Permit When He Violates Certain Provisions, To Provide That Valid Out-of-state Permits To Carry Concealable Weapons By A Resident Of Another State Must Be Honored By The State, To Revise The Provision That Allows Certain Persons To Carry A Concealable Weapon Without A Permit, And To Make Technical Changes; To Amend Sections 23-31-220 And 23-31-225 Of The 1976 Code, Both Relating To A Property Owner's Right To Allow A Holder Of A Concealed Weapon Permit To Carry A Weapon Onto His Property, To Make Technical Changes, To Provide That This Provision Regulates Both Persons Who Possess And Do Not Possess A Concealable Weapons Permit, To Delete The Provision That Requires The Revocation Of A Permit For A Violation Of Certain Provisions Of Law, And To Make Conforming Changes; To Amend Section 23-31-240 Of The 1976 Code, Relating To Persons Who Are Allowed To Carry A Concealable Weapon While On Duty, To Delete The Provision That Requires These Persons To Possess A Concealed Weapon Permit; And To Define Necessary Terms.
Last Action: Referred to Committee on Judiciary
Last Action Date: January 12, 2021
Title: SC Citizens' Defense Act of 2021
Description: Enact The "south Carolina Citizens' Defense Act Of 2021"; To Amend Section 12-36-2120(76) Of The 1976 Code, Relating To Exemptions From Sales Tax, To Add Home Protection Weekend To The Second Amendment Weekend, And To Add Sales Items; To Amend Chapter 1, Title 16 Of The 1976 Code, Relating To Felonies And Misdemeanors, By Adding Section 16-1-135, To Provide A General Penalty For Crimes Against Law Enforcement; To Amend Section 23-31-510 Of The 1976 Code, Relating To The Regulation Of Ownership, Transfer, Or Possession Of A Firearm Or Ammunition, To Provide That No Governing Body May Regulate The Transfer, Ownership, Possession, Carrying, Transportation, Manufacture, Assembly, Storage, Warehousing, Distribution, Or Sale Of Firearms, Ammunition, Components Of Firearms, Homemade Firearms Created Or Assembled Without A Serial Number, Or Any Combination Of These Things; To Amend Section 23-31-220 Of The 1976 Code, Relating To The Right To Allow Or Permit Concealable Weapons Upon A Premises, To Provide That Any Owner Prohibiting A Concealable Weapon Upon A Premises Is Strictly Liable For Any Injury Sustained By A Concealed Weapon Permit Holder From The Perpetrator Of A Crime While On The Posted Premises, And To Provide That A Premises Owner Is Civilly Liable To Compensate The Permit Holder For Damages From Injuries That Are Sustained And All Attorneys' Fees And Costs Incurred In Any Action The Permit Holder Files Against The Owner Or Person In Possession Of The Posted Premises; To Amend Section 16-23-20 Of The 1976 Code, Relating To Exceptions To The Unlawful Carrying Of A Handgun, To Provide That It Is Not Unlawful For A Person Evacuating Pursuant To A Mandatory Evacuation Order In A State Of Emergency To Carry About His Person Any Handgun Unless Otherwise Specifically Prohibited By Law; To Amend Section 23-31-215(p) Through (u) Of The 1976 Code, Relating To The Issuance Of Concealed Weapon Permits, To Delete Provisions Related To Permit Renewals; To Amend Section 23-31-216 Of The 1976 Code, Relating To The Collection And Retention Of Fees, To Create And Make Provisions For A Confirmed Carry Status; To Amend Section 23-31-217 Of The 1976 Code, Relating To The Effect Of Provisions Relating To Concealed Weapon Permits On Exceptions To The Unlawful Carrying Of A Handgun, To Provide For The Collection Of Fees; To Amend Section 23-31-215(n) Of The 1976 Code, Relating To Out-of-state Permit Holders Carrying Concealable Weapons, To Delete Reciprocity Provisions; To Amend Article 4, Chapter 31, Title 23 Of The 1976 Code, Relating To Concealed Weapon Permits, By Adding Section 23-31-218, To Create And Provide For Institutional Concealed Weapon Permits; And To Amend Article 3, Chapter 3, Title 56 Of The 1976 Code, Relating To Registration And Licensing Generally, By Adding Section 56-3-116, To Provide That The Department Of Motor Vehicles May Add A Notation To A Private Passenger-carrying Motor Vehicle Registration To Indicate The Vehicle Owner May Have An Autism Spectrum Disorder, Asperger Syndrome, Or Tourette Syndrome.
Last Action: Referred to Committee on Judiciary
Last Action Date: January 12, 2021
Title: Sentencing Reform
Description: Amend The Code Of Laws Of South Carolina, 1976, To Amend Section 17-25-322, Relating To A Restitution Hearing, So As To Require That The Court Must Take Into Consideration The Financial Resources Of The Defendant And Ability Of Defendant To Pay, To Require If A Court Finds A Defendant Faces Financial Hardship That That Defendant Must Pay No Less Than A Specified Amount, And To Require A Hearing If The Defendant Is Six Months In Arrears; To Amend Section 24-21-280, Relating To Duties And Powers Of Probation Agents, So As To Require Probation Agents To Take Into Consideration An Offender's Effective Use Of Discretionary Funds, To Provide For Supervision For Sentences Of Three Hundred Sixty-five Days Or More, To Specify How Compliance Credits May Be Awarded And How Programs May Be Recognized By Regulation As Proper For Incentives, To Inform The Sentencing Reform Oversight Committee Of The Programs Designated For Compliance Credits, And To Provide That Offender Eligibility For Compliance Credits As Provided In This Section Be Extended To Offenders Whose Offenses Occurred Prior To January 1, 2011; To Amend Section 24-21-440, Relating To Period Of Probation, So As To Provide That The Period Be Dependent Upon The Offense For Which The Defendant Has Been Sentenced, That Restitution Payments Must Not Be Required For The First Three Months Of Supervision And That The Period For Supervision Of Restitution Payments Must Be Determined By A Judge, That The Supervision Of Restitution Payment Must Not Exceed Five Years And Is Only Revocable After The Completion Of Probation For Failure To Make Restitution Payments; To Amend Section 24-21-560, Relating To The Community Supervision Program, So As To Clarify That Once Community Supervision Is Completed An Offender Is Still Subject To The Other Requirements Of Supervision; To Amend The Code Of Laws Of South Carolina, 1976, By Adding Section 43-5-1191, So As To Exempt Individuals From The Eligibility Restriction On Supplemental Nutrition Assistance Program And Temporary Assistance For Needy Families Benefits For Individuals With Drug Convictions That Would Otherwise Be Eligible And To Provide For Ineligibility In The Event An Individual Violates Probation, Community Supervision, Or Parole; And To Provide That The Sentencing Reform Oversight Committee Study And Make A Report To The General Assembly Concerning The Collection Of Restitution And The Risk And Needs Tool Used To Evaluate The Entire Supervision Population; To Add Article 7, To Chapter 27, Title 24 To Provide The Circumstances In Which An Inmate Who Has Been Incarcerated At Least Fifteen Years May Petition The Court To Have His Sentence Modified; To Amend Section 24-13-150, Relating To The Early Release Of An Inmate To Reduce The Number Of Years An Inmate Who Has Committed A "no Parole Offense" Must Serve Before He May Become Eligible For Early Release, Discharge, Or Community Supervision, And To Provide A Procedure That Allows Certain Inmates To Petition The Court To Modify Their Sentence; To Amend Section 24-13-210, Relating To Credit Given To An Inmate For Good Behavior To Increase The Number Of Good Behavior Days An Inmate Who Has Committed A "no Parole Offense" May Receive; To Amend Section 24-13-230, Relating To Credit Given To An Inmate For Work And Education Credits To Increase The Number Of Work And Education Credit Days An Inmate Who Has Committed A "no Parole Offense" May Receive; To Amend Section 24-21-110, Relating To Administrative Sanctions To Allow For Confinement Periods Of Up To Thirteen Days As A Jail Sanction; To Amend Section 24-21-430, Relating To Conditions Of Probation To Allow For Confinement Periods Not To Exceed Thirteen Days As A Condition Of Probation And As An Administrative Sanction; To Amend Section 24-21-460, Relating To Actions Of The Court In Cases Of Probation Violations To Limit Revocations For Technical Violations; To Amend Section 24-21-610, Relating To Eligibility For Parole To Allow For Parole Eligibility To Be Computed Using An Inmate's Active Incarcerative Sentence And Amending Requirements Related To Medical Parole; To Amend Section 24-21-620, Relating To A Parole Board's Review To Allow For Automatic Release On Parole Of Non-violent Inmates Who Have Met Certain Conditions; To Amend Section 24-21-645, Relating To Parole And Provisional Parole Orders To Limit Revocations For Technical Violations; To Amend Section 24-21-660, Relating To The Effect Of Parole To Limit Parole Revocations For Technical Violations; To Amend Section 24-21-680, Relating To Violation Of Parole To Limit Parole Revocations For Technical Violations; To Amend Section 24-21-715, Relating To Parole For Terminally Ill, Geriatric, Or Permanently Disabled Inmates To Amend The Eligibility Requirements And Extend Eligibility To Other Categories Of Inmates And Limit The Reasons The Parole Board Can Deny This Type Of Parole; And To Amend Article 7 Of Chapter 21 Of Title 24, Relating To Parole And Release For Good Conduct, So As To Add Section 24-21-720 To Require The Department Of Corrections To Create An Intake Case Plan For All Parole Eligible Inmates; To Amend Section 1-7-400, Relating To Circuit Solicitors Disabled By Intoxication, To Delete The Minimum Penalty; To Amend Section 1-11-26, Relating To The Rural Infrastructure Authority, To Amend The Penalty For A Violation From Six Months To Not More Than Six Months In Prison; To Amend Section 2-17-50, Relating To Failure To File By A Lobbyist, To Amend The Penalties For A Second Offense; To Amend Section 4-11-60, Relating To County Officers Keeping Records Of Money, To Delete The Minimum Penalty For A Violation; To Amend Section 5-21-130, Relating To The Unlawful Use Of A Specially Levied Tax, By Amending The Penalty For A Violation To Not More Than Six Months In Prison; To Amend Section 5-21-500, Relating To A County Or Municipal Council Member Voting To Divert Funds, To Delete The Minimum Penalty For A Violation; To Amend Section 5-25-40, Relating To Failure To Install Fire Alarm Boxes In Hospitals And Schools, To Delete The Minimum Penalty Of Ten Days In Prison For A Violation; To Amend Section 5-31-20, Relating To Interference With Sewers And Waterworks, To Amend The Penalty For A Violation From Thirty Days To Not More Than Thirty Days; To Amend Section 7-13-1910, Relating To The Unlawful Possession Of Voting Machines, To Delete The Minimum Penalty For A Violation Of Ten Days In Jail; To Amend Section 7-13-1920, Relating To The Unlawful Tampering Of Voting Machines, To Delete The Minimum Penalty For A Violation Of Not Less Than Three Months In Prison; To Amend Section 8-1-40, Relating To Failure Of Clerk, Sheriff, Or Magistrate To Pay Over Fines Or Penalties, To Delete The Minimum Sentence Required For A Violation; To Amend Section 8-3-60, Relating To Public Officials Assumption Of Office Before Giving Bond, To Delete The Minimum Sentence Required For A Violation; To Amend Section 8-13-1510, Relating To Ethics And Government Accountability, Late Filing Or Failure To File, To Delete The Minimum Sentence Required For A Violation; To Amend Section 10-7-230, Relating To Public Officials Failure To Obtain Insurance On Public Buildings, To Delete The Minimum Sentence Required For A Violation; To Amend Section 10-9-260, Relating To Interfering With State, Department, Or Licensees; Phosphate Mining Without License, To Delete The Minimum Sentence Required For A Violation; To Amend Section 10-11-325, Relating To Possessing, Transporting, Detonating Explosive Or Incendiary Device, To Delete The Minimum Sentence Required For A Violation; To Amend Section 11-15-90, Relating To Failure Of Political Subdivision Disbursement Officer To Make Payment Or Remit Funds For Payment Of Obligations, To Delete The Minimum Sentence Required For A Violation; To Amend Section 11-15-290, Relating To Failure To Make Investments From Sinking Funds, To Delete The Minimum Sentence Required For A Violation; To Amend Section 12-21-2470, Relating To Operating A Place Of Amusement Without A License, To Delete The Minimum Sentence Required For A Violation; To Amend Section 12-21-2830, Relating To Record Required Of Gross Receipts, To Delete The Minimum Sentence Required For A Violation; To Amend Section 12-21-3080, Relating To Interference With Amusement Tax Enforcement Or Refusal To Allow Inspection, To Delete The Minimum Sentence Required For A Violation; To Amend Section 12-37-1130, Relating To Penalties For False Statements To The Department Of Revenue, To Delete The Minimum Sentence Required For A Violation; To Amend Section 12-54-44, Relating To Tax Or Revenue Law Penalties, To Delete The Minimum Sentence Required For A Violation; To Amend Section 14-9-240, Relating To Judges And Solicitors Prohibited From Practicing Law In Certain Causes, To Delete The Minimum Sentence Required For A Violation; To Amend Section 14-25-65, Relating To Maximum Penalties That Municipal Court May Impose, To Delete The Minimum Sentence Required For A Violation; To Amend Section 15-43-70, Relating To Violation Of Injunction And Punishment For Contempt, To Delete The Minimum Sentence Required For A Violation; To Amend Section 16-3-610, Relating To Certain Offenses Committed With A Carried Or Concealed Deadly Weapon, To Delete The Minimum Sentence Required For A Violation; To Amend Section 16-3-625, Relating To Resisting Arrest With Deadly Weapon, To Delete The Minimum Sentence Required For A Violation; To Amend Section 16-3-755, Relating To Sexual Battery With A Student, To Delete The Minimum Sentence Required For A Violation; To Amend Section 16-3-1045, Relating To Use Or Employment Of Person Under Eighteen To Commit Certain Crimes, To Delete The Minimum Sentence Required For A Violation; To Amend Section 16-3-1280, Relating To The Offense Of False Claims, To Delete The Minimum Sentence Required For A Violation; To Amend Sections 16-3-1710 And 16-3-1720, Relating To The Offenses Of Harassment, To Delete The Minimum Sentence Required For A Violation; To Amend Section 16-3-1730, Relating To The Offense Of Stalking, To Delete The Minimum Sentence Required For A Violation; To Amend Section 16-3-1770, Relating To Restraining Orders, To Amend The Sentence; To Amend Section 16-3-2090, Relating To Forfeiture Of Property Used In Trafficking In Persons, To Delete The Minimum Sentence Required For A Violation; To Amend Section 16-9-230, Relating To Persons Holding Office Accepting Extra Compensation, To Delete The Minimum Sentence Required For A Violation; To Amend Section 16-9-250, Relating To Unlawful Acceptance Of Remuneration By Peace Officers For Performing Official Duties, To Delete The Minimum Sentence Required For A Violation; To Amend Section 16-11-130, Relating To Burning Personal Property To Defraud Insurer, To Delete The Minimum Sentence Required For A Violation; To Amend Section 16-11-180, Relating To Negligently Allowing Fire To Spread To Property Of Another, To Delete The Minimum Sentence Required For A Violation; To Amend Section 16-11-350, Relating To Train Robbery By Stopping Train, To Delete The Minimum Sentence Required For A Violation; To Amend Section 16-11-360, Relating To Robbery After Entry Upon Train, To Delete The Minimum Sentence Required For A Violation; To Amend Section 16-11-510, Relating To Malicious Injury To Animals And Other Personal Property, To Delete The Minimum Sentence Required For A Violation; To Amend Section 16-11-520, Relating To Malicious Injury To Tree, House, Outside Fence, Or Fixture; Trespass Upon Real Property, To Delete The Minimum Sentence Required For A Violation; To Amend Section 16-11-535, Relating To Malicious Injury To Place Of Worship, To Delete The Minimum Sentence Required For A Violation; To Amend Section 16-11-590, Relating To Destruction Of Sea Oat Or Venus's Flytrap Plants, To Delete The Minimum Sentence Required For A Violation; To Amend Section 16-11-650, Relating To Removing, Destroying, Or Leaving Down Fences, To Delete The Minimum Sentence Required For A Violation; To Amend Section 16-13-10, Relating To The Offense Of Forgery, To Amend The Penalties; To Amend Section 16-13-30, Relating To Petit Larceny And Grand Larceny, To Amend The Penalties; To Amend Section 16-13-40, Relating To Stealing Of Bonds, To Amend The Penalties; To Amend Section 16-13-50, Relating To Stealing Of Livestock, To Amend The Penalties; To Amend Section 16-13-66, Relating To Stealing Or Damaging Aquaculture Operations, To Amend The Penalties; To Amend Section 16-13-70, Relating To Stealing Of Vessels, To Amend The Penalties; To Amend Section 16-13-110, Relating To The Offense Of Shoplifting, To Amend The Penalties; To Amend Section 16-13-180, Relating To The Offense Of Receiving Stolen Goods, To Amend The Penalties; To Amend Section 16-13-230, Relating To The Offense Of Breach Of Trust With Fraudulent Intent, To Amend The Penalties; To Amend Section 16-13-240, Relating To The Offense Of Obtaining Signature Or Property By False Pretenses, To Amend The Penalties; To Amend Section 16-13-260, Relating To The Offense Of Obtaining Property Under False Tokens Or Letters, To Amend The Penalties; To Amend Section 16-13-300, Relating To Fraudulent Removal Or Secreting Of Personal Property Attached Or Levied Upon, To Amend The Penalties; To Amend Section 16-13-420, Relating To The Offense Of Failure To Return Leased Or Rented Property, To Amend The Penalties; To Amend Section 16-13-430, Relating To Fraudulent Acquisition Or Use Of Food Stamps, To Amend The Penalties; To Amend Section 16-14-60, Relating To Financial Transaction Card Fraud, To Amend The Jurisdiction Of Magistrate's Court And To Amend The Penalties; To Amend Section 16-14-80, Relating To Receiving Stolen Goods, To Amend The Jurisdiction Of The Magistrate's Court And Amend The Penalties; To Amend Section 16-15-10, Relating To The Offense Of Bigamy, To Delete The Minimum Sentence Required For A Violation; To Amend Section 16-15-20, Relating To The Offense Of Incest, To Delete The Minimum Sentence Required For A Violation; To Amend Section 16-15-60, Relating To The Offense Of Adultery Or Fornication, To Delete The Minimum Sentence Required For A Violation; To Amend Section 16-15-110, Relating To The Offense Of Prostitution, To Delete The Minimum Sentence Required For A Violation; To Amend Section 16-15-120, Relating To The Abominable Crime Of Buggery, To Delete The Minimum Sentence Required For A Violation; To Amend Section 16-17-310, Relating To The Offense Of Imitation Of Organizations' Names Or Emblems, To Delete The Minimum Sentence Required For A Violation; To Amend Section 16-17-520, Relating To The Offense Of Disturbance Of Religious Worship, To Delete The Minimum Sentence Required For A Violation; To Amend Section 16-17-570, Relating To Interference With Fire And Police Alarm Boxes, To Delete The Minimum Sentence Required For A Violation; To Amend Section 16-17-580, Relating To Removing State Line Marks, To Delete The Minimum Sentence Required For A Violation; To Amend Section 16-17-600, Relating To Destruction Or Desecration Of Human Remains, To Delete The Minimum Sentence Required For A Violation; To Amend Section 16-17-610, Relating To The Offense Of Soliciting Emigrants Without Licenses, To Delete The Minimum Sentence Required For A Violation; To Amend Section 16-17-690, Relating To The Offense Of Fortunetelling, To Delete The Minimum Sentence Required For A Violation; To Amend Section 16-17-735, Relating To The Offense Of Impersonating Officials Or Law Enforcement Officers, To Delete The Minimum Sentence Required For A Violation; To Amend Section 16-19-10, Relating To The Unlawful Setting Up Of Lotteries, To Delete The Minimum Sentence Required For A Violation; To Amend Section 16-19-160, Relating To Unlawful Punchboards For Gaming, To Delete The Minimum Sentence Required For A Violation; To Amend Section 16-21-80, Relating To The Offense Of Receiving, Possessing, Concealing, Selling, Or Disposing Of Stolen Vehicle, To Delete The Minimum Sentence Required For A Violation; To Amend Section 16-23-450, Relating To The Offense Of Placing Loaded Trap Gun, Spring Gun, Or Like Device, To Delete The Minimum Sentence Required For A Violation; To Amend Section 16-23-460, Relating To The Offense Of Carrying A Concealed Weapon, To Delete The Minimum Sentence Required For A Violation; To Amend Section 16-23-730, Relating To Hoax Device Or Replica Of Destructive Device Or Detonator, To Delete The Minimum Sentence Required For A Violation; To Amend Section 16-23-740, Relating To Hindering An Explosive Ordinance Technician, To Delete The Minimum Sentence Required For A Violation; To Amend Section 16-23-750, Relating To Conveying False Information Regarding Attempted Use Of A Destructive Device, To Delete The Minimum Sentence Required For A Violation; To Amend Sections 16-27-30 And 16-27-40, Relating To The Offense Of Animal Fighting Or Baiting, To Delete The Minimum Sentence Required For A Violation; To Amend Section 17-25-20, Relating To Punishment For Felony When A Penalty Is Not Specially Provided, To Delete The Minimum Sentence Required For A Violation And To Remove Reference To Workhouse, Hard Labor, And Solitary Confinement; To Amend Section 20-1-210, Relating To License Required For Marriage, To Delete The Minimum Sentence Required For A Violation; To Amend Section 20-1-220, Relating To Probate Judge Marriage License Violation, To Delete The Minimum Sentence Required For A Violation; To Amend Section 20-3-220, Relating To Unlawful Advertising For Purpose Of Procuring Divorce, To Delete The Minimum Sentence Required For A Violation; To Amend Section 22-1-70, Relating To Disposition Of Fines And Penalties Imposed And Collected In Criminal Cases, To Delete The Minimum Sentence Required For A Violation; To Amend Section 22-1-140, Relating To Return Of Books Received By Magistrate From Court Clerk At Expiration Of Magistrate's Term, To Delete The Minimum Sentence Required For A Violation; To Amend Section 22-5-170, Relating To Duty Of Special Officer Appointed By Magistrate, To Delete The Minimum Sentence Required For A Violation; To Amend Section 22-7-40, Relating To Receipt Of Certain Compensation By Magistrate In Criminal Cases, To Delete The Minimum Sentence Required For A Violation; To Amend Section 23-1-140, Relating To Rural Policemen Shall Not Collect Fees In Certain Cases, To Delete The Minimum Sentence Required For A Violation; To Amend Section 23-3-310, Relating To Improper Release Of Information, To Delete The Minimum Sentence Required For A Violation; To Amend Section 23-3-430, Relating To The Sex Offender Registry, To Require The Court To Make A Finding On The Record That The Offense Included A Criminal Sexual Offense For A Person Convicted Of Kidnapping In Order For The Offender To Be Placed On The Sex Offender Registry; To Amend Section 23-3-470, Relating To Failure To Register As A Sex Offender, To Delete The Minimum Sentence Required For A Violation; To Amend Section 23-3-475, Relating To Registering With False Information, To Delete The Minimum Sentence Required For A Violation; To Amend Section 23-15-70, Relating To Violation Of The Call Out For Assistance Or Posse Comitatus, To Delete The Minimum Sentence Required For A Violation; To Amend Section 23-35-150, Relating To Fireworks, To Delete The Minimum Sentence Required For A Violation; To Amend Section 23-36-170, Relating To Explosives Control Act, To Delete The Minimum Sentence Required For A Violation; To Amend Section 24-3-410, Relating To Sale Of Prison-made Products On Open Market Generally Prohibited, To Delete The Minimum Sentence Required For A Violation; To Amend Section 24-3-420, Relating To Prison Industries Violations, To Delete The Minimum Sentence Required For A Violation; To Amend Section 24-3-950, Relating To Prison Contraband, To Delete The Minimum Sentence Required For A Violation; To Amend Section 24-5-130, Relating To Leaving Jails Unattended, To Delete The Minimum Sentence Required For A Violation; To Amend Section 24-7-155, Relating To Furnishing Or Possessing Contraband In Jail, To Delete The Minimum Sentence Required For A Violation; To Amend Section 24-13-260, Relating To Failure Of Officer Having Charge Of Inmate To Allow Deduction In Time Of Serving Sentence, To Delete The Minimum Sentence Required For A Violation; To Amend Section 24-13-410, Relating To Unlawful Escape Or Possessing Tools Or Weapons, To Delete The Minimum Sentence Required For A Violation; To Amend Section 24-13-430, Relating To Rioting Or Inciting To Riot, To Delete The Minimum Sentence Required For A Violation; To Amend Section 24-13-460, Relating To Furnishing Prisoners Alcoholic Beverages Or Narcotic Drugs, To Delete The Minimum Sentence Required For A Violation; To Amend Section 27-23-30, Relating To Punishment Of Parties To Fraudulent Conveyances, To Delete The Minimum Sentence Required For A Violation; To Amend Section 29-1-30, Relating To The Wilful Sale Of Property On Which Lien Exists, To Delete The Minimum Sentence Required For A Violation; To Amend Section 29-7-20, Relating To Failure To Pay Laborers, To Delete The Minimum Sentence Required For A Violation; To Amend Section 33-45-170, Relating To Membership In Cotton Cooperative, To Delete The Minimum Sentence Required For A Violation; To Amend Section 34-3-10, Relating To Unlawful Use Of The Word "bank" Or "banking", To Delete The Minimum Sentence Required For A Violation; To Amend Section 34-3-80, Relating To Criminal Liability Of Bank Official Furnishing False Certificate To Comptroller General, To Delete The Minimum Sentence Required For A Violation; To Amend Section 34-11-30, Relating To Receipt Of Deposits Or Trusts After Knowledge Of Insolvency, To Delete The Minimum Sentence Required For A Violation; To Amend Section 34-11-90, Relating To Fraudulent Checks, To Amend The Jurisdiction Of Magistrate's Court And To Delete The Minimum Sentence Required For A Violation; To Amend Section 36-9-410, Relating To Unlawful Sale Or Disposal Of Personal Property Subject To Security Interest, To Amend The Penalties; To Amend Section 38-2-30, Relating To Insurance And Acting Without A License, To Delete The Minimum Sentence Required For A Violation; To Amend Section 38-55-170, Relating To Presenting False Claims For Payment, To Amend The Penalties; To Amend Section 39-1-20, Relating To Making Intentionally Untrue Statement In Advertising, To Delete The Minimum Sentence Required For A Violation; To Amend Section 39-1-80, Relating To Industrial Hygiene And Safety Professionals, To Delete The Minimum Sentence Required For A Violation; To Amend Section 39-15-10, Relating To Manufacturer's Use Of Marked Beer, Soda Water Or Mineral Water Containers Of Others, To Delete The Minimum Sentence Required For A Violation; To Amend Section 39-15-15, Relating To Requirements For Labeling Product As "peat", To Delete The Minimum Sentence Required For A Violation; To Amend Section 39-15-480, Relating To Unauthorized Possession Of Marked Or Branded Containers, To Delete The Minimum Sentence Required For A Violation; To Amend Section 39-15-750, Relating To Destruction Of Brand Or Removal Or Transfer Of Timber, To Delete The Minimum Sentence Required For A Violation; To Amend Section 39-19-510, Relating To Fraud In Sale Of Leaf Tobacco, To Delete The Minimum Sentence Required For A Violation; To Amend Section 39-33-1320, Relating To Butterfat Content And Weight Of Milk, To Delete The Minimum Sentence Required For A Violation; To Amend Section 39-33-1540, Relating To Unauthorized Use Of Stamped Bottles Of Other Dealers In Milk In Same County, To Delete The Minimum Sentence Required For A Violation; To Amend Section 39-41-160, Relating To Fraudulent Violation Of Petroleum Requirements, To Delete The Minimum Sentence Required For A Violation; To Amend Section 39-41-360, Relating To Sale Of Lubricating Oils, To Delete The Minimum Sentence Required For A Violation; To Amend Section 39-51-120, Relating To Anti-freeze, To Delete The Minimum Sentence Required For A Violation; To Amend Section 40-2-590, Relating To Regulation Of Accounting Practitioners, To Delete The Minimum Sentence Required For A Violation; To Amend Section 40-8-190, Relating To Perpetual Care Cemetery Act, To Delete The Minimum Sentence Required For A Violation; To Amend Section 40-36-30, Relating To Occupational Therapists Practicing While License Suspended Or Revoked, To Delete The Minimum Sentence Required For A Violation; To Amend Section 40-41-710, Relating To Retailers Record Of Stolen Property, To Delete The Minimum Sentence Required For A Violation; To Amend Section 40-51-220, Relating To Podiatry Or Chiropody, To Delete The Minimum Sentence Required For A Violation; To Amend Section 40-56-200, Relating To Fire Codes And Regulations Adopted By State Fire Marshal, To Delete The Minimum Sentence Required For A Violation; To Amend Section 40-59-30, Relating To Residential Specialty Contracting License Requirement, To Delete The Minimum Sentence Required For A Violation; To Amend Section 40-69-200, Relating To Unlawful Practice Or Filing False Information To Obtain Veterinary License, To Delete The Minimum Sentence Required For A Violation; To Amend Section 40-82-200, Relating To Obtaining License To Do Business In Liquid Petroleum Gas, To Delete The Minimum Sentence Required For A Violation; To Amend Section 41-1-20, Relating To Unlawful Discrimination Against Union Members, To Delete The Minimum Sentence Required For A Violation; To Amend Section 41-1-60, Relating To Transactions Between Carriers Or Shippers And Labor Organizations Prohibited, To Delete The Minimum Sentence Required For A Violation; To Amend Section 41-3-140, Relating To Impeding Director Of The Department Of Labor, Licensing And Regulation In Performance Of His Duties, To Delete The Minimum Sentence Required For A Violation; To Amend Section 41-7-80, Relating To Right To Work, To Delete The Minimum Sentence Required For A Violation; To Amend Section 42-5-45, Relating To Penalty For Failure Of Employer To Secure Payment Of Compensation, To Delete The Minimum Sentence Required For A Violation; To Amend Section 42-5-240, Relating To Acting As An Insurance Agent While Suspended, To Delete The Minimum Sentence Required For A Violation; To Amend Section 44-1-150, Relating To Violation Of Rules Of Department Of Health And Environmental Control, To Delete The Minimum Sentence Required For A Violation; To Amend Section 44-1-151, Relating To Violations Involving Shellfish, To Delete The Minimum Sentence Required For A Violation; To Amend Section 44-23-1080, Relating To Patients And Prisoners Denied Access To Alcoholic Beverages, Firearms, Dangerous Weapons, And Controlled Substances, To Delete The Minimum Sentence Required For A Violation; To Amend Section 44-52-165, Relating To Patients Receiving Addiction Services Prohibited From Possessing Alcohol, Firearms, Weapons, Or Drugs, To Delete The Minimum Sentence Required For A Violation; To Amend Section 44-53-370, Relating To The Unlawful Possession, Manufacture, And Trafficking Of Controlled Substances, To Amend The Penalties, Weight Presumptions, And Eliminate Mandatory Minimum Sentences; To Amend Section 44-53-375, Relating To The Unlawful Possession, Manufacture, And Trafficking Of Methamphetamine, Cocaine Base, Or Other Controlled Substances, To Amend The Penalties, Weight Presumptions, And Eliminate Mandatory Minimum Sentences; To Amend Section 44-55-700, Relating To Septic Tank Installation, To Delete The Minimum Sentence Required For A Violation; To Amend Section 44-61-70, Relating To Emergency Services And Hindering An Agent Of Department Of Health And Environmental Control, To Delete The Minimum Sentence Required For A Violation; To Amend Section 45-2-40, Relating To Violations Committed By Person On Premises Or Property Of Lodging Establishment, To Delete The Minimum Sentence Required For A Violation; To Amend Section 45-3-20, Relating To Obstruction Of Hotel And Restaurant Inspection, To Delete The Minimum Sentence Required For A Violation; To Amend Section 45-9-90, Relating To Violation Of Right To Equal Enjoyment Of And Privileges To Public Accommodations, To Delete The Minimum Sentence Required For A Violation; To Amend Section 46-1-20, Relating To Stealing Crops From The Field, To Amend The Penalties; To Amend Section 46-1-40, Relating To Stealing Tobacco Plants From Beds, To Amend The Penalties; To Amend Section 46-1-60, Relating To Making Away With Or Disposing Of Produce Before Paying, To Amend The Penalties; To Amend Section 46-1-70, Relating To Factors Or Commission Merchants Failing To Account For Produce, To Amend The Penalties; To Amend Section 46-9-80, Relating To Interfering With Agriculture Commission, To Delete The Minimum Sentence Required For A Violation; To Amend Section 46-9-90, Relating To State Crop Pest Commission, To Delete The Minimum Sentence Required For A Violation; To Amend Section 46-17-400, Relating To Agricultural Commodities Marketing, To Delete The Minimum Sentence Required For A Violation; To Amend Section 46-29-20, Relating To Fraudulent Packing, To Delete The Minimum Sentence Required For A Violation; To Amend Section 47-1-40, Relating To Ill-treatment Of Animals, To Delete The Minimum Sentence Required For A Violation; To Amend Section 47-1-60, Relating To Cutting Muscles Of Tails Of Horses, Asses, And Mules, To Delete The Minimum Sentence Required For A Violation; To Amend Section 47-3-530, Relating To Stealing Or Killing Identifiable Dog, To Delete The Minimum Sentence Required For A Violation; To Amend Section 47-3-630, Relating To Teasing, Maltreating, And Injuring Police Dogs, To Delete The Minimum Sentence Required For A Violation; To Amend Section 47-3-950, Relating To Unauthorized Control Over Guide Dog Or Service Animal, To Delete The Minimum Sentence Required For A Violation; To Amend Section 47-7-160, Relating To Unlawful Rescuing Animal From Custody Of Person Impounding It, To Delete The Minimum Sentence Required For A Violation; To Amend Section 47-9-410, Relating To Livestock Branding Or Earmarking, To Delete The Minimum Sentence Required For A Violation; To Amend Section 47-13-70, Relating To Selling Flesh Of Diseased Or Injured Animals, To Delete The Minimum Sentence Required For A Violation; To Amend Section 48-23-265, Relating To Payment To Landowner For Forest Products Purchased, To Delete The Minimum Sentence Required For A Violation; To Amend Section 48-43-550, Relating To Removal Of Discharges Of Pollutants, To Delete The Minimum Sentence Required For A Violation; To Amend Section 49-1-50, Relating To Sale Or Purchase Of Drifted Lumber Or Timber, To Delete The Minimum Sentence Required For A Violation; To Amend Section 50-1-85, Relating To Use Of Firearms Or Archery Tackle In Criminally Negligent Manner, To Delete The Minimum Sentence Required For A Violation; To Amend Section 50-1-125, Relating To Trafficking In Wildlife, To Delete The Minimum Sentence Required For A Violation; To Amend Section 50-1-130, Relating To Fish, Game And Watercraft Violations, To Delete The Minimum Sentence Required For A Violation; To Amend Section 50-5-730, Relating To Trawling Near Public Fishing Pier, To Delete The Minimum Sentence Required For A Violation; To Amend Section 50-5-2535, Relating To Marine Resources Act, Engaging In Prohibited Activities While Under Suspension, To Delete The Minimum Sentence Required For A Violation; To Amend Section 50-11-100, Relating To Enclosure Impeding Free Range Of Deer Being Hunted, To Delete The Minimum Sentence Required For A Violation; To Amend Section 50-11-730, Relating To Unlawful To Hunt, Shoot, Or Kill Deer From A Water Conveyance, To Delete The Minimum Sentence Required For A Violation; To Amend Section 50-11-810, Relating To Game Birds For Which No Specific Open Season Is Designated, To Delete The Minimum Sentence Required For A Violation; To Amend Section 50-11-852, Relating To The Unlawful Molestation Or Killing Of Birds Of Prey, To Delete The Minimum Sentence Required For A Violation; To Amend Section 50-11-1105, Relating To Authority Of Department Of Natural Resources To Declare Closed Season, To Delete The Minimum Sentence Required For A Violation; To Amend Section 50-11-1110, Relating To Authority Of Department To Close Or Shorten Open Season, To Delete The Minimum Sentence Required For A Violation; To Amend Section 50-11-1340, Relating To Responsibility Of Manager, Owner, Or Licensee For Violations On Preserve, To Delete The Minimum Sentence Required For A Violation; To Amend Section 50-11-1730, Relating To Transporting Of Game Birds Or Animals Out Of State, To Delete The Minimum Sentence Required For A Violation; To Amend Section 50-11-2210, Relating To Abuse Of Wildlife Management Area, To Delete The Minimum Sentence Required For A Violation; To Amend Section 50-11-2640, Relating To Importing Foxes And Coyotes, To Delete The Minimum Sentence Required For A Violation; To Amend Section 50-13-1210, Relating To Prohibition Of The Permanent Obstruction To Migration Of Fish, To Delete The Minimum Sentence Required For A Violation; To Amend Section 50-13-1410, Relating To Pollution Of Waters Injuring Fish And Shellfish, To Delete The Minimum Sentence Required For A Violation; To Amend Section 50-13-1420, Relating To Poisoning Waters Or Producing Electric Currents To Catch Fish, To Delete The Minimum Sentence Required For A Violation; To Amend Section 50-13-1430, Relating To Casting Impurities In Waters, To Delete The Minimum Sentence Required For A Violation; To Amend Section 50-13-1630, Relating To Importing, Possessing, Or Selling Certain Fish Unlawful, To Delete The Minimum Sentence Required For A Violation; To Amend Section 50-13-2015, Relating To Fish Sanctuary In St. Stephen Rediversion Canal, To Delete The Minimum Sentence Required For A Violation; To Amend Section 50-18-285, Relating To Tampering, Damaging, Vandalizing, Poisoning, Or Stealing Of Aquaculture Products Or Facilities, To Delete The Minimum Sentence Required For A Violation; To Amend Section 50-19-251, Relating To Slade Lake Fishing And Recreational Requirements, To Delete The Minimum Sentence Required For A Violation; To Amend Section 50-19-590, Relating To Fishing Near Greenwood Power Plant, To Delete The Minimum Sentence Required For A Violation; To Amend Section 50-19-1190, Relating To Shelly Lake Fish Sanctuary, To Delete The Minimum Sentence Required For A Violation; To Amend Section 50-21-112, Relating To Boating Under The Influence, To Delete The Minimum Sentence Required For A Violation; To Amend Section 50-21-113, Relating To Boating Under The Influence Resulting In Property Damage, Great Bodily Injury, Or Death, To Delete The Minimum Sentence Required For A Violation; To Amend Section 50-21-117, Relating To Operation Of Water Device While Privileges Suspended, To Delete The Minimum Sentence Required For A Violation; To Amend Section 50-23-385, Relating To Houseboats With Waste-holding Tanks, To Delete The Minimum Sentence Required For A Violation; To Amend Section 52-1-40, Relating To Circuses, Carnivals, And Traveling Shows, To Delete The Minimum Sentence Required For A Violation; To Amend Section 52-13-10, Relating To Operation Of Dancing Hall On Sunday Forbidden, To Delete The Minimum Sentence Required For A Violation; To Amend Section 52-13-40, Relating To Dance Halls, To Delete The Minimum Sentence Required For A Violation; To Amend Section 54-11-50, Relating To Destroying, Damaging, Or Obstructing Monuments Or Buildings Of United States Coast Surveys, To Delete The Minimum Sentence Required For A Violation; To Amend Section 55-1-40, Relating To Unlawful Entry Of Aircraft, To Delete The Minimum Sentence Required For A Violation; To Amend Section 55-1-100, Relating To Operating Or Acting As Flight Crew Member Of Aircraft While Under Influence Of Alcohol Or Drugs, To Delete The Minimum Sentence Required For A Violation; To Amend Section 55-13-40, Relating To Trespassing, Parking, Driving Or Drag Racing On Airport Property, To Delete The Minimum Sentence Required For A Violation; To Amend Section 56-1-350, Relating To Failure To Return Cancelled Or Suspended Driver's License, To Delete The Minimum Sentence Required For A Violation; To Amend Section 56-1-440, Relating To Penalties For Driving Without License, To Delete The Minimum Sentence Required For A Violation; To Amend Section 56-1-450, Relating To Penalties For Unlawful Operation After Conviction For Which Suspension Or Revocation Of License Mandatory, To Delete The Minimum Sentence Required For A Violation; To Amend Section 56-1-460, Relating To Penalties For Driving While License Cancelled, Suspended, Or Revoked For Driving Under The Influence, To Delete The Minimum Sentence Required For A Violation; To Amend Section 56-1-2070, Relating To Driving Commercial Motor Vehicle Without Valid License, To Delete The Minimum Sentence Required For A Violation; To Amend Section 56-3-1910, Relating To Forgery Of License Plates For Handicapped Persons, To Delete The Minimum Sentence Required For A Violation; To Amend Section 56-3-1960, Relating To Temporary And Permanent Parking Placards, Illegal Duplication Or Forgery, To Delete The Minimum Sentence Required For A Violation; To Amend Section 56-3-5400, Relating To Fraternal Order Of Police Special License Plates, To Delete The Minimum Sentence Required For A Violation; To Amend Section 56-5-2930, Relating To Driving Under The Influence, To Delete The Minimum Sentence Required For A Violation; To Amend Section 56-5-2933, Relating To Driving With An Unlawful Alcohol Concentration, To Delete The Minimum Sentence Required For A Violation; To Amend Section 56-5-2945, Relating To Felony Driving Under The Influence, To Delete The Minimum Sentence Required For A Violation; To Amend Section 56-9-340, Relating To Failure To Surrender License And Registration, To Delete The Minimum Sentence Required For A Violation; To Amend Section 56-10-240, Relating To Requirement That Upon Loss Of Insurance, Insured Obtain New Insurance Or Surrender Registration And Plates, To Delete The Minimum Sentence Required For A Violation; To Amend Section 56-10-250, Relating To The Unlawful Selling Of A Vehicle With Suspended Registration To Family Member, To Delete The Minimum Sentence Required For A Violation; To Amend Section 56-10-260, Relating To False Certificate Or False Evidence Of Insurance, To Delete The Minimum Sentence Required For A Violation; To Amend Section 56-10-520, Relating To Operating A Motor Vehicle Without Paying Uninsured Motor Vehicle Fee, To Delete The Minimum Sentence Required For A Violation; To Amend Section 57-7-20, Relating To Putting Foreign Substances On Highways, To Delete The Minimum Sentence Required For A Violation; To Amend Section 57-13-110, Relating To Injury To Or Destruction Of Bridges, To Delete The Minimum Sentence Required For A Violation; To Amend Section 57-17-110, Relating To County Apportionment Of Road Funds Through Year, To Delete The Minimum Sentence Required For A Violation; To Amend Section 58-15-840, Relating To Taking Or Removing Brasses, Bearings, Waste Or Packing From Railroad Cars, To Delete The Minimum Sentence Required For A Violation; To Amend Section 58-17-2760, Relating To Railroads, Connecting Carriers, To Delete The Minimum Sentence Required For A Violation; To Amend Section 58-17-4090, Relating To Obstruction Of Railroad, To Delete The Minimum Sentence Required For A Violation; To Amend Section 58-23-80, Relating To Motor Vehicle Carriers, To Delete The Minimum Sentence Required For A Violation; To Amend Section 58-23-920, Relating To Insurance Required Of Owners Of Motor Vehicles Transporting Goods For Hire, To Delete The Minimum Sentence Required For A Violation; To Amend Section 59-5-130, Relating To State Board Of Education, Members Shall Not Contract With Board, To Delete The Minimum Sentence Required For A Violation; To Amend Section 59-19-310, Relating To Exercising Office Of School Trustee After Termination Of Office, To Delete The Minimum Sentence Required For A Violation; To Amend Section 59-25-30, Relating To Officials Not Permitted To Designate Place For Teacher To Board Or Live, To Delete The Minimum Sentence Required For A Violation; To Amend Section 59-29-560, Relating To School Disbursement Of And Accountability For Funds, To Delete The Minimum Sentence Required For A Violation; To Amend Section 59-31-590, Relating To School Personnel Not Permitted To Act As Agents For Publishers, To Delete The Minimum Sentence Required For A Violation; To Amend Section 59-67-120, Relating To Prohibition Of Tampering With School Bus Governors, To Delete The Minimum Sentence Required For A Violation; To Amend Section 59-67-210, Relating To Unlawful School Bus Passing Another School Bus, To Delete The Minimum Sentence Required For A Violation; To Amend Section 59-67-280, Relating To Transportation Of Pupils, School Buses, To Delete The Minimum Sentence Required For A Violation; To Amend Section 59-69-260, Relating To Officials Shall Not Acquire Interest In Claims Or Contracts, To Delete The Minimum Sentence Required For A Violation; To Amend Section 59-111-180, Relating To Misrepresentation Of Scholarship Eligibility, To Delete The Minimum Sentence Required For A Violation; To Amend Section 59-116-80, Relating To Impersonation Of Campus Police Officer, To Delete The Minimum Sentence Required For A Violation; To Amend Section 59-150-250, Relating To Lottery Ticket Sale To A Minor Or Accepting Lottery Prize While Incarcerated, To Delete The Minimum Sentence Required For A Violation; To Amend Section 59-152-150, Relating To Development And Adoption Of Standard Fiscal Accountability System, To Delete The Minimum Sentence Required For A Violation; To Amend Section 61-2-240, Relating To Alcohol And Alcoholic Beverages, Interference With Officer And Abusive Language, To Delete The Minimum Sentence Required For A Violation; To Amend Section 61-2-250, Relating To Alcohol And Alcoholic Beverages, To Delete The Minimum Sentence Required For A Violation; To Amend Section 61-4-20, Relating To Sale Of Alcohol Without Taxes Levied, To Delete The Minimum Sentence Required For A Violation; To Amend Section 61-4-160, Relating To Discount Pricing For On-premises Alcohol Consumption, To Delete The Minimum Sentence Required For A Violation; To Amend Section 61-4-560, Relating To Beer, Ale, Porter, And Wine, Operation Without A Permit, To Delete The Minimum Sentence Required For A Violation; To Amend Section 61-4-600, Relating To Surrender Of Beer Or Wine Sales License, To Delete The Minimum Sentence Required For A Violation; To Amend Section 61-4-610, Relating To Unlawful Sales Of Beer And Wine, To Delete The Minimum Sentence Required For A Violation; To Amend Section 61-4-780, Relating To Provisions Affecting Wine Sales, To Delete The Minimum Sentence Required For A Violation; To Amend Section 61-4-910, Relating To Provisions Affecting Beer, To Delete The Minimum Sentence Required For A Violation; To Amend Section 61-6-4010, Relating To Unlawful Manufacture, Possession, Or Sales Of Alcoholic Liquors, To Delete The Minimum Sentence Required For A Violation; To Amend Section 61-6-4025, Relating To Possession Of Unlawfully Acquired Or Manufactured Alcoholic Liquors In Vehicle, Vessel, Or Aircraft, To Delete The Minimum Sentence Required For A Violation; To Amend Section 61-6-4030, Relating To Transportation Of Alcoholic Liquors In A Vehicle For Hire, To Delete The Minimum Sentence Required For A Violation; To Amend Section 61-6-4040, Relating To Rendering Aid In Unlawful Transportation, To Delete The Minimum Sentence Required For A Violation; To Amend Section 61-6-4050, Relating To Purchase From Unlicensed Alcohol Retail Dealer, To Delete The Minimum Sentence Required For A Violation; To Amend Section 61-6-4060, Relating To Unlicensed Storage Of Alcoholic Liquors In Place Of Business, To Delete The Minimum Sentence Required For A Violation; To Amend Section 61-6-4100, Relating To Distilleries, To Delete The Minimum Sentence Required For A Violation; To Amend Section 61-6-4110, Relating To Knowing Permission To Locate Distillery On Premises, To Delete The Minimum Sentence Required For A Violation; To Amend Section 61-6-4120, Relating To Materials Used In The Manufacture Of Alcoholic Liquors, To Delete The Minimum Sentence Required For A Violation; To Amend Section 61-6-4130, Relating To Presence At Distillery Prima Facie Evidence Of Guilt, To Delete The Minimum Sentence Required For A Violation; To Amend Section 61-6-4140, Relating To Employment Of Persons Under The Age Of Twenty-one Years, To Delete The Minimum Sentence Required For A Violation; To Amend Section 61-6-4150, Relating To Sale Of Alcoholic Liquors From Vehicle, Vessel, Or Aircraft, To Delete The Minimum Sentence Required For A Violation; To Amend Section 61-6-4160, Relating To Sunday And Christmas Day Sales Of Alcoholic Liquors, To Delete The Minimum Sentence Required For A Violation; To Amend Section 61-6-4170, Relating To Billboards Encouraging Underage Drinking, To Delete The Minimum Sentence Required For A Violation; To Amend Section 61-6-4180, Relating To Possession Of Firearm Or Weapon By Sellers Of Alcoholic Liquors, To Delete The Minimum Sentence Required For A Violation; To Amend Section 61-6-4200, Relating To Dispossession Or Attempted Dispossession Of Alcoholic Liquors, To Delete The Minimum Sentence Required For A Violation; To Amend Section 61-6-4550, Relating To Discounting Of Prices Of Alcoholic Liquors, To Delete The Minimum Sentence Required For A Violation; To Amend Section 61-6-4700, Relating To Consumption Of Alcoholic Liquor On Premises, To Delete The Minimum Sentence Required For A Violation; To Amend Section 61-8-50, Relating To Contempt Proceedings Related To Regulation Of Alcohol Sales, To Delete The Minimum Sentence Required For A Violation; To Amend Section 63-19-1670, Relating To Contraband In Department Of Juvenile Justice, To Delete The Minimum Sentence Required For A Violation; To Amend Section 63-19-2420, Relating To Juvenile Loitering In A Billiard Room, To Delete The Minimum Sentence Required For A Violation; And To Amend Chapter 22, Title 17, Relating To Criminal Intervention Programs, By Adding Article 13, To Enact The "drug Court Program Act"; To Direct Each Circuit Solicitor To Establish A Drug Court Program For Adults And Juveniles; To Provide Criteria For The Eligibility Of Persons Charged With Nonviolent Offenses; To Allow Each Circuit Solicitor To Establish An Office Of Drug Court Program Coordinator; To Direct The Commission On Prosecution Coordination To Establish A State Office Of Drug Court Coordination; To Provide For Fees For Participation In A Drug Court Program; To Provide For Annual Reports Detailing The Activities Of Drug Court Programs To The Commission On Prosecution Coordination, With A Copy Provided To The Sentencing Reform Oversight Committee; And To Provide For The Appointment Of Drug Court Judges And Their Compensation.
Last Action: Referred to Subcommittee: Malloy (ch), Campsen, McLeod, Rice, Garrett, M.Johnson, Stephens
Last Action Date: July 16, 2021
Title: SC Juvenile Justice Reform Act
Description: Amend The South Carolina Code Of Laws, 1976, To Enact The "south Carolina Juvenile Justice Reform Act", To Amend Section 63-1-20, Relating To The Children's Policy Of South Carolina, To Include Within The Statement A Provision To Establish A Policy Regarding The Care And Guidance Of Children Within The Juvenile Justice System; To Amend Chapter 19, Title 63, Relating To The Juvenile Justice Code, By Adding Article 6 To Require Each Circuit Solicitor To Establish A Juvenile Offender Civil Citation Program To Provide A Civil Diversion Program For Children Who Have Committed Acts Of Delinquency, And To Establish Eligibility And Participation Requirements; To Amend Section 16-17-425, Relating To Unlawful Student Threats, To Establish That It Is Unlawful For A Student To Make A Threat To Commit An Act Of Mass Violence At A School, College, Or University, Or At A School-, College-, Or University-sponsored Activity, And To Provide Penalties; To Amend Section 16-23-430, Relating To Possession Of A Weapon On School Grounds, To Provide That It Is Unlawful For Any Person To Carry, While On Elementary Or Secondary School Property, A Knife, Firearm, Or Other Weapon With The Intent By The Person To Inflict Serious Bodily Injury Or Death, Or To Carry Upon His Person A Weapon, Device, Or Object With The Intent To Inflict Bodily Injury And To Provide Penalties And Exceptions; To Amend Section 23-3-430, Relating To The Sex Offender Registry Statute, By Removing References To Adjudicated Delinquencies; To Amend Article 7, Chapter 3, Title 23, Relating To The Sex Offender Registry, By Adding Section 23-3-435 To Require The Court To Make A Finding To Determine If A Child Adjudicated Delinquent For An Eligible Offense Is Required To Register As A Sex Offender Or Participate In Electronic Monitoring And To Provide For The Child The Ability At A Later Date To Request A Hearing To End The Requirements Of Registering As A Sex Offender Or Participating In Electronic Monitoring; To Amend Section 23-3-490, Relating To Public Inspection Of The Sex Offender Registry, To Require That Access To Information Regarding A Child's Adjudication Of Delinquency For A Sex Offender Statute Be Limited To Victims, Witnesses, Childcare Facilities, Or Businesses That Primarily Serve Children, Women, Or Vulnerable Adults; To Amend Section 23-3-540, Relating To Electronic Monitoring, To Conform The Sex Offender Statute To The Juvenile Section By Removing References To Delinquency And The Department Of Juvenile Justice; To Amend Section 63-1-40, Relating To The Definition Of 'status Offense', To Remove From The Definition The Playing Or Loitering In A Billiard Room, Playing A Pinball Machine Or Gaining Admission To A Theater By False Identification; To Amend Section 63-3-510, Relating To The Jurisdiction Of The Family Court, To Include Within The Court's Jurisdiction A Petition For Removal From The Sex Offender Registry If The Order Originated From The Family Court; To Amend Section 63-3-520, Relating To The Concurrent Jurisdiction Of Family Court And Magistrates Court, To Increase The Age Of Concurrent Jurisdiction From Persons Under Seventeen Years Of Age To Persons Under Eighteen Years Of Age; To Amend Section 63-7-310, Relating To The Mandatory Reporting Of Child Abuse, To Remove The Requirement That A Person Employed By A Lawyer Must Report Suspected Abuse If The Suspicion Arises In The Course Of The Legal Representation; To Amend Section 63-19-20, Relating To The Definition Of 'status Offense', To Remove From The Definition The Playing Or Loitering In A Billiard Room, Playing A Pinball Machine Or Gaining Admission To A Theater By False Identification; To Amend Chapter 19, Title 63, By Adding Article 2 To Establish The 'children's Bill Of Rights' To Provide That A Child Has The Right To Be Treated With Basic Human Dignity, To Be Provided Necessary Care, Medical Treatment, Food, Education, Access To Family, Advocates, And Lawyers, And To Be Free From Abuse, Neglect, And Harassment, And To Provide For The Application Of These Rights; To Amend Article 1, Chapter 19, Title 63, By Adding Section 63-19-210 To Require That Law Enforcement Must Arrange For A Child Fifteen Years Of Age Or Younger To Meet With Legal Counsel Prior To A Custodial Interrogation Unless The Officer Believes That The Information Sought Is Necessary To Protect Life Or Property From An Imminent Threat; To Amend Section 63-19-340, Relating To The Annual Report By The Department Of Juvenile Justice, To Provide That The Report Must Include Specific Statistics Relating To Children Referred To The Department, Their Related Offenses And Sentences; To Amend Section 63-19-350, Relating To The Department Of Juvenile Justice, To Require The Department To Develop And Utilize Structured Decision-making Tools For All Key Points Of The Juvenile Justice Process; To Amend Section 63-19-360 To Require The Child Evaluation To Be Conducted By The Department To Include A Biopsychosocial Assessment And A Determination Of The Child's Mental Health Functioning; To Amend Article 3, Chapter 19, Title 63, Relating To Child Delinquency Petitions, By Adding Section 63-19-362 To Require That Before Submitting A Petition For A Child In Its Custody For A Misdemeanor That Would Carry A Maximum Term Of Imprisonment Of Five Years Or Less, The Department Of Juvenile Justice Must Attempt To Resolve The Situation Through Available Administrative Approaches; To Amend Article 3, Chapter 19, Title 63, Relating To The Department Of Juvenile Justice, By Adding Section 63-19-365 To Prohibit The Use Of Solitary Confinement On A Child And Provide Limits For The Use Of Corrective Room Restrictions Upon Children Within The Custody Of The Department; To Amend Section 63-19-370, Relating To Interdepartmental Agreements, To Allow The Department Of Juvenile Justice To Establish Agreements With The Department Of Mental Health And The Department Of Education To Provide Reentry Services For Children Returning To Schools And Communities From The Department's Custody; To Amend Article 3, Chapter 19, Title 63 By Adding Section 63-19-500, Relating To The Department Of Juvenile Justice, To Require That The Department Establish At Least One Pre-detention Intervention Program In Each Judicial Circuit And To Establish Program Requirements And Eligibility; To Amend Article 3, Chapter 19, Title 63 By Adding Section 63-19-520 To Establish The Juvenile Justice Improvement Fund, To Allow The Department Of Juvenile Justice To Divert Moneys Saved From Decreased Reliance On Out-of-home Placement To Fund Community Intervention Programs Including Educational, Mental Health And Behavioral Health Services; To Amend Section 63-19-810, Relating To The Taking Of A Child Into Custody By Law Enforcement, To Remove A Duplicative Notification Provision By Law Enforcement To School Principals And To Require That Any Child Seventeen Years Of Age Or Older, Who Has Been Taken Into Custody But Who Has Not Been Released To A Parent Or Guardian, Must Have A Bond Hearing Before A Magistrate; To Amend Section 63-19-820, Relating To The Pre-trial Detention Of Children, To Limit Secure Pre-trial Detention To Circumstances Where It Is The Least Restrictive Appropriate Option And If The Child Is Charged With A Crime That Would Be A Five Year Felony Or Greater, Has Exhausted Community-based Alternatives, Or Is Charged With Unlawful Student Threats Or Failure To Stop For A Blue Light, To Remove The Eligibility Of Juveniles Charged As An Adult To Be Housed In Adult Detention Facilities, And To Prohibit The Secure Detention Of Status Offenders; To Amend Section 63-19-830, Relating To Juvenile Detention Hearings, To Allow The Court To Order A Child Detained In An Approved Home, Program, Or Facility Other Than A Secure Juvenile Detention Facility While Awaiting Trial; To Amend Section 63-19-1010, Relating To Juvenile Intake And Probation, To Require That A Child Brought Before The Family Court Shall Have A Presumption For Diversion If Certain Conditions Are Met Or If The Solicitor Has Good Cause To Believe That Diversion Would Be Insufficient; To Amend Section 63-19-1020, Relating To The Institution Of Proceedings For A Juvenile, To Require Services To Be Offered Before The Department May Accept A Referral For A Status Offense Or For School-based Offenses; To Amend Section 63-19-1030, Relating To Juvenile Prehearing Inquiries, To Establish That The Prehearing Investigation Is Optional And To Establish The Parents' Right To Receive Notice Of The Charges And Their Rights To An Attorney In Every Case Upon Service Of A Petition; To Amend Article 9, Chapter 19, Title 63, Relating To Intake And Initiation Of Proceedings, By Adding Section 63-19-1050 To Prohibit The Charging A Fee To A Child As A Condition Of Diversion And To Limit The Amount Of Restitution Required Of A Child In Diversion To Five Hundred Dollars; To Amend Article 9, Chapter 19, Title 63, By Adding Section 63-19-1070 To Establish That The Family Court May Adjourn A Criminal Proceeding Against A Juvenile In Contemplation Of Dismissal Upon Completion Of Certain Conditions Established By The Court, And To Establish Eligibility And Participation Requirements; To Amend Section 63-19-1210, Relating To The Transfer Of Jurisdiction, To Eliminate The Transfer To General Sessions For A Child Fourteen Or Fifteen Years Of Age, To Allow A Child Who Is Transferred To General Sessions Who Has Been Charged With Murder To Be Eligible To Receive A Sentence Less Than The Mandatory Minimum, And To Allow The Determination By The Court To Transfer The Child's Case To General Sessions To Be Immediately Appealable To The Supreme Court; To Amend Section 63-19-1410, Relating To The Adjudication Of Delinquency, To Require The Court To Order The Least Restrictive Appropriate Placement For A Child Adjudicated Delinquent, To Limit The Length Of Probation To Two Years For A Felony Or One Year For A Misdemeanor Or Status Offense Unless The Child Is In Violation Of Probation, There Is Agreement Amongst The Parties, Or The Child Is Participating In A Evidenced-based Program That Is Longer That The Allowed Term, To Limit Probation To Not Extend After A Child's Twentieth Birthday, To Limit The Imposition Of Restitution For A Child Under The Age Of Sixteen Unless It Is Proven That The Child Has The Ability To Pay, To Prohibit The Child From Being Ordered To Pay For Drug Screens Unless The Child Has Insurance To Cover The Cost, And To Allow For The Department Of Juvenile Justice To Place The Child On Administrative Supervision For Up To One Year To Pay For Restitution Or Complete Community Service; To Amend Article 13, Chapter 19, Title 63, Relating To The Dispositional Powers Of The Family Court, By Adding Section 63-19-1415 To Allow The Circuit Solicitors To Operate One Or More Specialty Treatment Courts If Allowed By The Supreme Court; To Amend Section 63-19-1440, Relating To Commitment Of A Juvenile Found Delinquent By The Court, To Limit The Placement Of A Child Into The Custody Of The Department Of Juvenile Justice Unless The Child Commits Certain Felonies, The Offense Involves Firearms, The Child Has A Record Of Certain Offenses, The Child Is Adjudicated For A Lesser Offense That Would Have Been A Felony And The Parties Agree That Commitment Is In The Best Interests Of The Child, To Require The Court To Issue Individualized Findings As To Why The Commitment Is The Least Restrictive Sentencing Option To Protect The Public And Rehabilitate The Child, To Prohibit The Commitment Of A Child Who Has Been Adjudicated For A Status Offense Or A Probation Revocation Related To A Status Offense, To Allow The Court To Sentence A Child Who Has Committed An Offense Which Carries Fifteen Years Or More To A Determinate Sentence Of Up To One Hundred Eighty Days, And To Limit The Consecutive Sentencing To Not Exceed The Time Eligible For An Indeterminate Sentence, To Limit The Eligibility For Residential Evaluations, And To Allow For The Child To Get Time Served Credit For Commitments To Short Term Alternative Placements; To Amend Section 63-19-1450 To Clarify That A Child May Not Be Committed To The Department Of Juvenile Justice Who Is Handicapped By Mental Illness Or A Developmental Disability And To Provide That The Court May Order An Evaluation And Hold A Hearing Regarding Whether The Child Must Be Committed To The Supervision Of The Department Of Mental Health Or The Department Of Disabilities And Special Needs; To Amend Article 13, Chapter 19, Title 63, Relating To The Powers Of The Family Court, By Adding Section 63-19-1480 To Provide That The Family Court May Conduct Post-dispositional Reviews To Determine If The Purposes Of The Criminal Sentencing Have Been Met And The Child's Sentence May Be Closed, The Hearing Being Held Only After One Year Or If The Child Is In The Custody Of The Department Of Juvenile Justice, Then After Six Months; To Amend Section 63-19-1810, Relating To Parole And Aftercare, To Remove The Authority Of The Court To Commit A Child To Secure Custody For A Probation Revocation If The Child Is On Probation For A Status Offense; To Amend Section 63-19-1820, Relating To The Board Of Juvenile Parole, To Require The Releasing Entity To Determine The Length Of Stay Guidelines Are Based On Evidence-based Best Practices, The Risks Of Reoffending And The Severity Of The Offense; To Amend 63-19-1835, Relating To Compliance Reductions For Probationers And Parolees, To Require The Department Of Juvenile Justice To Develop And Implement Administrative Community-based Sanctions For Technical Violations Of Probation Or Parole; To Amend Section 63-19-2020, Relating To The Confidentiality Of Juvenile Records, To Remove A Reference To A Deleted Criminal Offense, To Require The Department Of Juvenile Justice To Notify The Administration Of A College Or University Of An Enrolled Student's Charges Delineated Within This Section, And To Add Assault And Battery In The First Or Second Degrees To The List Of Crimes That Must Be Disclosed To School Officials; To Amend Section 63-19-2030, Relating To The Juvenile Law Enforcement Records, To Require Law Enforcement To Provide Certain Incident Reports Of Students To Appropriate College And University Administration, To Remove The Reference To Assault And Battery Against School Personnel And Add That Reports Of Assault And Battery In The First Or Second Degrees Must Be Reported, To Require Any Such Notice To Include Language That The Child Is Innocent Until Proven Guilty, And To Require Law Enforcement To Provide Subsequent Updates Of Any Dismissal Or Reduction Of The Charges; To Amend Section 63-19-2050, Relating To The Expungement Of Juvenile Records, To Require The Expungement Of All Official Records Related To The Adjudication Or Disposition Of A Status Offense Upon The Person Reaching Eighteen Years Of Age Or As Soon Thereafter As He Completes Any Pending Family Court Disposition And To Require That A Child Shall Not Be Charged For The Expungement Of His Records Ordered Under This Section; To Amend Article 19, Chapter 18, Title 59, By Adding Section 59-18-1970, To Require That A School District For A Student Who Has Transferred Because Of Homelessness, Status As A Victim Of Abuse Or Neglect, Adjudications Of Delinquency, Or Placement In A Facility For Mental Health Or Developmental Disabilities Must Contact The Student's Prior School Within Two Days Of Enrollment And To Require The Previous School District To Send The Student's Records Within Two Days Of Request To The New School, And To Require That The Student Receive Timely Assistance, Equal Access, And Priority Placement Relating To The Transfer; To Amend Article 19, Chapter 18, Title 59, By Adding Section 59-19-1980, To Require School Districts To Provide School Liaisons To Assist Students Transferring Due To Involvement In The Juvenile Justice System; To Amend Section 59-24-60, Relating To The Requirement Of School Officials To Contact Law Enforcement, To Provide That School Officials Must Contact Law Enforcement If A Person Commits An Action At A School Or School Sponsored Event That Would Be A Felony Or A Crime Punishable By Five Years Or More, Or If The Action Results In Serious Injury; To Amend Section 59-63-210, Relating To School Discipline, To Limit The Authority Of A School District To Expel, Suspend, Or Transfer A Pupil Unless He Commits A Felony, A Crime That Would Carry A Maximum Punishment Of Five Years Or More If Committed By An Adult, There Is A Threat Of Violence, Or If There Is A Victim At The School Who Has A Reasonable Fear For His Safety, And To Limit The Authority Of The School District If The Conduct Committed By The Student Occurred Outside Of School, Then The Action By The School District Must Only Occur If The Student's Conduct Amounted To A Violent Offense Or Resulted In Moderate Or Great Bodily Injury; To Amend Section 59-63-1320, Relating To Alternative Schools, To Restrict The Automatic Placement Of A Child Returning From The Custody Of The Department Of Juvenile Justice To An Alternative School Unless The Parent Or Guardian And Child Agree That Such Placement Is Appropriate, There Is An Intervention Assessment That Determines That There Is An Imminent Threat Or The Likelihood Of Serious Misconduct, Or There Is A Hearing By The District Within Ten Days, Or If The Child Has A Disability Under The Individuals With Disabilities Education Act Then The District Must Hold A Team Meeting To Determine The Most Appropriate Educational Placement; And To Repeal Sections 63-19-2420 And 63-19-2430 Relating To The Offenses Of Unlawful Loitering In A Billiard Room And The Unlawful Playing Of Pinball.
Last Action: Committee report: Favorable with amendment Judiciary
Last Action Date: March 30, 2022
Title: Firearms
Description: Amend Chapter 23, Title 16 Of The 1976 Code, Relating To Offenses Involving Weapons, By Adding Article 2, To Require That Any Firearm Transfer Must Be Preceded By A Criminal Background Check Performed By A Licensed Firearms Dealer With The National Instant Criminal Background Check System, And To Provide For Exceptions, Notice, And Criminal Penalties For Violations Of This Provision.
Last Action: Referred to Committee on Judiciary
Last Action Date: January 12, 2021
Title: Report to SLED
Description: Amend Section 14-17-325 Of The 1976 Code, Relating To The Clerk Of Court Reporting The Disposition Of Each Case In The Court Of General Sessions, To Require Every Clerk Of Court To Report To The South Carolina Law Enforcement Division Within Ten Days, Weekends And Holidays Excluded, The Disposition Of Each Case In General Sessions And To Report Within Forty-eight Hours The Issuance Of A Restraining Order, An Order Of A State Firearms Prohibition, Or Orders As Directed By A Judge; To Amend Chapter 1, Title 22 Of The 1976 Code, Relating To Magistrates Generally, By Adding Section 22-1-200, To Require Magistrates To Report To The South Carolina Law Enforcement Division Within Ten Days, Weekends And Holidays Excluded, The Disposition Of Each Criminal Case And To Report Within Forty-eight Hours The Issuance Of A Restraining Order, An Order Of Protection, An Order Of A State Firearms Prohibition, Or Orders As Directed By The Magistrate; To Amend Article 1, Chapter 25, Title 14 Of The 1976 Code, Relating To Municipal Courts, By Adding Section 14-25-250, To Require Municipal Judges To Report To The South Carolina Law Enforcement Division Within Ten Days, Weekends And Holidays Excluded, The Disposition Of Each Criminal Case And To Report Within Forty-eight Hours The Issuance Of A Restraining Order, An Order Of Protection, An Order Of A State Firearms Prohibition, Or Orders As Directed By The Municipal Judge; To Amend Article 5, Chapter 3, Title 63 Of The 1976 Code, Relating To Jurisdiction And Court Powers And Procedures, By Adding Section 63-3-545, To Require Every Clerk Of Family Court To Report To The South Carolina Law Enforcement Division, Within Forty-eight Hours, The Receipt Of A Restraining Order, An Order Of Protection, Or Orders As Directed By A Judge; To Amend Chapter 1, Title 23 Of The 1976 Code, Relating To Law Enforcement And Public Safety, By Adding Section 23-1-250, To Require Each Law Enforcement Agency To Report To The South Carolina Law Enforcement Division Within Twenty-four Hours The Filing Of Each Incident Report, Order Of Protection, Restraining Order, Order Or Report Relating To An Incident Of Domestic Violence, Or Any Incident In Which A Person May Be Prohibited From Obtaining Or Possessing A Firearm By State Or Federal Law; And To Amend Title 14 Of The 1976 Code, Relating To The Courts, By Adding Chapter 32, To Create The Judicial Criminal Information Technology Committee And To Establish Its Membership, Duties, And Responsibilities, Including The Study Of And Recommendations For The Improvement Of Judicial And Law Enforcement Information Technology And Reporting.
Last Action: Referred to Committee on Judiciary
Last Action Date: January 12, 2021
Title: SC Constitutional Carry Act of 2021
Description: Enact The "south Carolina Constitutional Carry Act Of 2021"; To Amend Section 10-11-320(b) Of The 1976 Code, Relating To Carrying Or Discharging A Firearm On The Capitol Grounds, To Provide That A Person May Possess A Firearm Upon The Capitol Grounds Under Certain Circumstances; To Amend Section 16-23-20 Of The 1976 Code, Relating To The Unlawful Carrying Of A Handgun, To Provide That It Is Legal To Carry A Handgun In This State And To Provide Location Exceptions Where Firearms Are Prohibited; To Amend Section 16-23-50(a)(2) Of The 1976 Code, Relating To The Forfeiture And Disposition Of Handguns, To Provide That A Person Who Enters A Premises With A Sign Prohibiting Firearms While Possessing A Firearm Must Be Charged With Trespassing; To Amend Sections 16-23-420 And 16-23-430(b) Of The 1976 Code, Both Relating To The Possession Of A Firearm On School Property, To Provide That A Person May Possess A Firearm On School Property Under Certain Circumstances; To Amend Section 16-23-465 Of The 1976 Code, Relating To Penalties For Unlawfully Carrying A Firearm Onto The Premises Of A Business Selling Alcoholic Liquor, Beer, Or Wine For On-premises Consumption, To Provide An Exception For A Person Lawfully Carrying A Weapon Who Does Not Consume Alcoholic Liquor, Beer, Or Wine While Carrying The Weapon On The Business's Premises; To Amend Section 23-31-215(k) And (o) Of The 1976 Code, Relating To The Issuance Of A Concealed Weapon Permit, To Delete The Provision That Requires A Permit Holder To Possess His Permit Identification When Carrying A Concealable Weapon, The Provision That Requires A Permit Holder To Inform A Law Enforcement Officer That He Is A Permit Holder And Present The Permit To The Officer Under Certain Circumstances, And To Make Conforming Changes; To Amend Section 23-31-220 Of The 1976 Code, Relating To A Property Owner's Right To Allow A Holder Of A Concealed Weapons Permit To Carry A Weapon Onto His Property, To Make Technical Changes And To Provide That This Provision Regulates Both Persons Who Possess And Do Not Possess A Concealed Weapons Permit; To Amend Section 23-31-235 Of The 1976 Code, Relating To The Posting Of Signs Prohibiting "concealable Weapons", To Make Conforming Changes; And To Repeal Section 16-23-460, 23-31-225, And 23-31-230 Of The 1976 Code, Relating To The Unlawful Carrying Of A Concealable Weapon, The Unlawful Carrying Of A Concealable Weapon Into A Residence, And The Carrying Of A Weapon Between An Automobile And An Accommodation.
Last Action: Referred to Committee on Judiciary
Last Action Date: January 12, 2021
Title: Handguns
Description: Amend Section 16-23-10, Code Of Laws Of South Carolina, 1976, Relating To Definitions For Purposes Of The Chapter Regarding Offenses Involving Weapons, So As To Add Necessary Terms; By Adding Section 16-23-25 So As To Provide That It Is Unlawful For A Person To Sell, Offer To Sell, Deliver, Lease, Rent, Barter, Exchange, Or Transport For Sale In This State Any Handgun To A Person Who Is Under The Age Of Eighteen, To Provide That It Is Unlawful For A Person Under The Age Of Eighteen To Possess Or Attempt To Possess A Handgun Within This State, And To Provide For Exceptions; To Amend Section 16-23-30, Relating To The Unlawful Carrying Of A Handgun, So As To Delete The Use Of The Term "handgun" And Replace It With "firearm" And To Provide That It Is Unlawful For A Person To Sell, Offer To Sell, Deliver, Lease, Rent, Barter, Exchange, Transport For Sale Into This State, Or Otherwise Dispose Of Any Firearm To A Person Knowing Or Having Reasonable Cause To Believe That The Person Meets A Certain Category; To Amend Section 16-23-50, Relating To Penalties, Disposition Of Fines, And The Forfeiture And Dispositions Of Handguns, So As To Reduce The Penalty For A First Offense Firearm Violation, To Provide For Enhanced Penalties For Subsequent Violations, To Delete The Use Of The Term "handgun" And Replace It With "firearm", And To Provide That A Law Enforcement Agency That Receives A Firearm Pursuant To This Section Shall Administratively Release The Firearm To An Innocent Owner Under Certain Circumstances; And To Repeal Sections 16-23-500 And 23-31-1040 Relating To The Unlawful Possession Of A Firearm By A Person Convicted Of A Violent Offense Or Adjudicated As A Mental Defective, Respectively.
Last Action: Referred to Committee on Judiciary
Last Action Date: January 12, 2021
Title: Clerks and magistrates report to SLED case dispositions
Description: Amend Section 14-17-325, Code Of Laws Of South Carolina, 1976, Relating To Clerks Of Court, So As To Require That Every Clerk Of Court Shall Report To The South Carolina Law Enforcement Division Within Ten Days, Weekends And Holidays Excluded, The Disposition Of Each Case In General Sessions Court, And To Report Within Forty-eight Hours The Issuance Of A Restraining Order, Order Of Protection, Order For The Prevention Of Possession Of A Firearm, Convictions Or Orders Related To Domestic Violence, And Convictions Or Orders Related To Stalking, Intimidation, Or Harassment; By Adding Section 22-1-200 So As To Require Magistrates To Report To The South Carolina Law Enforcement Division Within Ten Days, Weekends And Holidays Excluded, The Disposition Of Each Criminal Case, And To Report Within Forty-eight Hours The Issuance Of A Restraining Order, Order Of Protection, Order For The Prevention Of Possession Of A Firearm, Convictions Or Orders Related To Domestic Violence, And Convictions Or Orders Related To Stalking, Intimidation, Or Harassment; By Adding Section 14-25-250 So As To Require Magistrates To Report To The South Carolina Law Enforcement Division Within Ten Days, Weekends And Holidays Excluded, The Disposition Of Each Criminal Case, And To Report Within Forty-eight Hours The Issuance Of A Restraining Order, Order Of Protection, Order For The Prevention Of Possession Of A Firearm, Convictions Or Orders Related To Domestic Violence, And Convictions Or Orders Related To Stalking, Intimidation, Or Harassment; And By Adding Section 23-1-250 To Require Each Law Enforcement Agency To Report To Sled Within Twenty-four Hours, The Filing Of Each Order Of Protection, Restraining Order, Any Order Or Report Relating To An Incident Of Domestic Violence, Or Any Incident In Which A Person May Be Prohibited From Obtaining Or Possessing A Firearm By State Or Federal Law.
Last Action: Referred to Committee on Judiciary
Last Action Date: January 12, 2021
Title: Law enforcement officers, retired ID issuance
Description: Amend Section 23-31-600 Of The 1976 Code, Relating To The Issuance Of Identification Cards To Qualified Retired Law Enforcement Officers, The Circumstances In Which A Qualified Law Enforcement Officer May Carry A Concealed Weapon, And Opportunities For Training To Qualify To Carry A Firearm That Must Be Offered To A Qualified Retired Law Enforcement Officer, To Delete The Provision That Restricts The Carrying Of A Concealed Weapon Onto Certain Premises.
Last Action: Referred to Committee on Judiciary
Last Action Date: January 12, 2021
Title: Second Amendment Protection Act
Description: Enact The "second Amendment Protection Act"; To Amend Chapter 31, Title 23 Of The 1976 Code, Relating To Firearms, By Adding Article 9, To Exclude From Federal Regulation Any Personal Firearm, Firearms Accessory, Or Ammunition Manufactured Commercially Or Privately And Owned In This State, To Provide That Any Personal Firearm, Firearms Accessory, Or Ammunition Is Not Subject To Any Federal Law, Regulation, Or Authority As Long As It Remains Within The Borders Of This State, To Prevent Any Federal Agent Or Contracted Employee, Any State Employee, Or Any Local Authority From Enforcing Any Federal Regulation Or Law Governing Any Personal Firearm, Firearms Accessory, Or Ammunition Manufactured Commercially Or Privately And Owned In This State As Long As It Remains Within This State, To Prohibit Arrest Or Detention Prior To A Trial For Violations, To Provide That The Attorney General May Seek Injunctive Relief In Court To Enjoin Certain Federal Officials From Enforcing Federal Law Regarding A Firearm, A Firearms Accessory, Or Ammunition That Is Manufactured Commercially Or Privately And Owned In This State And Remains Within The Borders Of This State.
Last Action: Referred to Committee on Judiciary
Last Action Date: January 12, 2021
Title: Concealed weapons permits
Description: Amend Article 4, Chapter 31, Title 23 Of The 1976 Code, Relating To Concealed Weapon Permits, By Adding Section 23-31-232, To Provide That A Concealed Weapon Permit Holder May Carry A Concealable Weapon On School Property Leased By A Church For Church Services Or Official Church Activities If The Church Or Its Governing Body Provides Express Permission To The Permit Holder, And To Provide That This Provision Only Applies During The Time That The Church Has Access To The Property For Its Services Or Activities.
Last Action: Referred to Committee on Judiciary
Last Action Date: January 12, 2021
Title: Second Amendment Sanctuary Act
Description: Enact The "second Amendment Sanctuary Act"; To Amend Chapter 31, Title 23 Of The 1976 Code, Relating To Firearms, By Adding Article 9, To Provide That The Attorney General Must Issue An Opinion Regarding The Constitutionality Of Any Federal Law, Treaty, Executive Order, Rule, Or Regulation Related To The Second Amendment, To Provide For Actions That May Not Be Taken By The State, Political Subdivisions, Or Officials, Agents, Or Employees Of The State Upon An Opinion Of Unconstitutionality, To Require The Attorney General To Defend The State And Its Political Subdivisions Against Any Legal Actions Brought Against The State Or A Political Subdivision For Certain Actions, And To Provide That The Attorney General May Seek Injunctive Relief In Any Court Of Competent Jurisdiction To Enjoin Any Official, Agent, Or Employee Of The Government Of The United States Or Employee Of A Corporation Providing Services To The Government Of The United States From Enforcing Any Federal Law, Treaty, Executive Order, Rule, Or Regulation.
Last Action: Referred to Committee on Judiciary
Last Action Date: February 18, 2021
Title: Open Carry with Training Act
Description: Enact The "open Carry With Training Act"; To Amend Section 23-31-210 Of The 1976 Code, Relating To The Issuance Of Concealed Weapon Permits, To Revise The Definition Of The Term "concealable Weapon" To Allow A Permit Holder To Carry A Concealable Weapon Openly On His Person; And To Amend Section 16-23-20 Of The 1976 Code, Relating To The Carrying Of A Handgun, To Provide That A Person Who Possesses A Concealed Weapon Permit May Carry A Handgun Openly On Or About His Person In A Vehicle.
Last Action: Referred to Committee on Judiciary
Last Action Date: February 23, 2021
Title: Concealed weapons permit; remove application fee
Description: Amend Section 23-31-215(a)(5), (6), And (7) Of The 1976 Code, Relating To Required Submissions For The Issuance Of A Concealable Weapon Permit, To Remove The Application Fee; And To Amend Article 25, Chapter 6, Title 12 Of The 1976 Code, Relating To Income Tax Credits, By Adding Section 12-6-3810, To Provide For A Refundable Individual Income Tax Credit For The Completion Of A Basic Or Advanced Handgun Education Course.
Last Action: Referred to Committee on Finance
Last Action Date: May 4, 2021
Title: Firearm liability insurance
Description: Amend The Code Of Laws Of South Carolina, 1976, By Adding Article 9 To Chapter 31, Title 23 So As To Provide Residents Of This State Who Own Or Possess Firearms Shall Obtain And Carry Liability Insurance That Covers Losses Or Damages Resulting From Any Negligent Or Accidental Use Of The Firearm, To Provide Proof Of Insurance Must Be Displayed Upon Demand By Law Enforcement Officers, And Provide Penalties For Violations.
Last Action: Referred to Committee on Judiciary
Last Action Date: March 10, 2022