Amended

May 4, 2023

H. 4002

Introduced by Reps. G. M. Smith, W. Newton, Hiott, Davis, B. Newton, Erickson, Bannister, Haddon, Sandifer, Thayer, Carter, Robbins, Blackwell, Forrest and Pope

S. Printed 05/04/23--H.

Read the first time February 21, 2023

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A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 24-3-980 so as to provide it is unlawful for an inmate under the jurisdiction of the department of corrections to possess telecommunication devices unless authorized by the director, to define the term "telecommunication device", and to provide penalties.

    Amend Title To Conform

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

SECTION 1.  Chapter 3, Title 24 of the S.C. Code is amended by adding:

    Section 24-3-980. (A) It is unlawful for an inmate under the jurisdiction of the Department of Corrections to possess a telecommunication device unless authorized to do so by the director. For purposes of this section a "telecommunication device" means a device, an apparatus associated with a device, or a component of a device that enables, or may be used to enable, communication with a person inside or outside of a place of incarceration. Such devices include, but are not limited to, portable two-way pagers, handheld radios, cellular telephones, personal digital assistants or PDAs, laptop computers, or any components of these devices. "Telecommunication device" also includes any new technology that is developed or used for similar purposes. .

(B) A person violating the provisions of this section, upon conviction, for a:

       (1) first offense, is guilty of a misdemeanor and must be imprisoned not more than one year;

       (2) second or subsequent offense is guilty of a felony and must be imprisoned not more than five years; and

       (3) situation in which the finder of fact finds beyond a reasonable doubt that the use of a telecommunication device pursuant to the provisions of this section was the proximate cause of the commission of any subsequent felony offense, is guilty of a felony and must be imprisoned not more than ten years.

    (C)  The provisions of this section also apply to county detention centers and jails.

SECTION 2.  This act takes effect upon approval by the Governor.

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