TO AMEND SECTION 16-23-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR OFFENSES INVOLVING HANDGUNS, SO AS TO RESTRUCTURE THE PENALTY FOR THE UNLAWFUL CARRYING OF A HANDGUN AND TO PROVIDE A TIERED PENALTY STRUCTURE FOR THE OFFENSE.

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

SECTION    1.    Section 16-23-50(A)(2) of the 1976 Code is amended to read:

"(2)    A person violating who violates the provisions of Section 16-23-20 is guilty of a:

(a)    for a first offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both; and

(b)    for a second or subsequent offense, is guilty of a felony and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than five 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founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action,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of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.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.