COMMITTEE REPORT

March 18, 2015

H. 3119

S. Printed 3/18/15--H.

Read the first time January 13, 2015.

To whom was referred a Bill (H. 3119) to amend the Code of Laws of South Carolina, 1976, by adding Section 16-23-540 so as to create the offense of theft of a firearm and provide, etc., respectfully

That they have duly and carefully considered the same and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/    SECTION    1.    Article 5, Chapter 23, Title 16 of the 1976 Code is amended by adding:

"Section 16-23-540.    Notwithstanding another provision of law, a person who steals a firearm, as defined in Section 16-8-10, is guilty of the felony offense of theft of a firearm and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than ten years or both."

SECTION    2.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION    3.    This act takes effect upon approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

F. GREGROY DELLENEY, JR. for Committee.

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-23-540 SO AS TO CREATE THE OFFENSE OF THEFT OF A FIREARM AND PROVIDE A PENALTY.

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

SECTION    1.    Article 5, Chapter 23, Title 16 of the 1976 Code is amended by adding:

"Section 16-23-540.    Notwithstanding another provision of law, a person who steals a firearm, as defined in Section 16-8-10, is guilty of the felony offense of theft of a firearm and, upon conviction, must be fined not more than five thousand dollars and imprisoned for a mandatory minimum of seven years nor more than ten years. No part of the mandatory minimum term of imprisonment required by this section may be suspended nor probation granted."

SECTION    2.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION    3.    This act takes effect upon approval by the Governor.