Indicates Matter Stricken s3

1 Indicates Matter Stricken 2 Indicates New Matter 3 4 AS PASSED BY THE SENATE 5 May 22, 2002 6 7 H. 4416 8 9 Introduced by Reps. Wilkins, Harrison, W.D. Smith, J. Brown, 10 Leach, Bingham, Keegan, Whatley, Carnell, Vaughn, Lucas, 11 Lourie, Limehouse, J.R. Smith, Wilder, Webb, Kirsh, Allison, 12 A. Young, Sandifer, Walker, Talley, Littlejohn, Coates, Altman, 13 Witherspoon, Campsen, Taylor, Law, Snow, Rice, Simrill, 14 Freeman, Neilson, Clyburn, Gilham, Robinson, Hinson, 15 Meacham-Richardson, Tripp, Cotty, Rodgers, Loftis, Frye, Koon, 16 Delleney, Haskins, Hamilton, Cato, Easterday, Barfield, 17 Scarborough, Chellis, Thompson, Edge, Merrill, Fleming, Stuart, 18 Cooper, Dantzler, D.C. Smith, Sinclair, J. Young, White, Martin, 19 Trotter, Harrell, Quinn, Huggins, Miller, Battle, Harvin, Barrett, 20 Emory, Knotts, Riser and Bales 21 22 S. Printed 5/22/02--S. 23 Read the first time February 28, 2002. 24 25

1 [4416-1] 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO ENACT THE SOUTH CAROLINA “OMNIBUS 12 TERRORISM PROTECTION AND HOMELAND DEFENSE 13 ACT OF 2002” INCLUDING PROVISIONS TO AMEND THE 14 CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING 15 SECTION 16-3-1100 SO AS TO PROVIDE THAT IT IS 16 UNLAWFUL TO PROVIDE MATERIALS OR RESOURCES IN 17 SUPPORT OF TERRORIST, TERRORIST ORGANIZATIONS, 18 OR INTERNATIONAL TERRORISM, AND TO PROVIDE A 19 PENALTY; TO AMEND SECTION 16-3-20, AS AMENDED, 20 RELATING TO THE PUNISHMENT FOR MURDER, SO AS 21 TO ADD VIOLATION OF ANTI-TERRORISM LAWS TO THE 22 LIST OF STATUTORY AGGRAVATING CIRCUMSTANCES; 23 TO AMEND SECTION 16-16-20, AS AMENDED, RELATING 24 TO COMPUTER CRIMES AND PENALTIES, SO AS TO 25 PROVIDE THAT INTRODUCING A COMPUTER VIRUS, 26 COMPUTER WORM, OR ANY OTHER DAMAGING 27 PROGRAM INTO A COMPUTER SYSTEM IS A COMPUTER 28 CRIME; TO AMEND SECTION 16-23-750, RELATING TO 29 COMMUNICATING THREATS RELATING TO USE OF 30 EXPLOSIVE, INCENDIARY, OR DESTRUCTIVE DEVICES, 31 SO AS TO PROVIDE THAT IN ADDITION TO THE 32 PENALTIES FOR A VIOLATION OF THIS SECTION, THE 33 PRESIDING JUDGE SHALL ORDER THE OFFENDER TO 34 MAKE FULL RESTITUTION FOR THE COST OF 35 RESPONDING TO OR DEALING WITH THE THREAT OR 36 FALSELY CONVEYED INFORMATION REGARDING THE 37 THREATENED USE OF SUCH DEVICES AND TO PROVIDE 38 FOR THE ELEMENTS OF THIS RESTITUTION; TO AMEND 39 CHAPTER 23, TITLE 16, RELATING TO OFFENSES 40 INVOLVING WEAPONS, BY ADDING SECTION 16-23-780 41 SO AS TO PROVIDE FOR ALTERNATIVE MAXIMUM 42 IMPRISONMENT FOR CERTAIN OFFENSES INVOLVING

1 [4416] 1 1 THE USE OF ANTHRAX OR A BIOLOGICAL ORGANISM SO 2 AS TO CAUSE DEATH OR INJURY IN HUMANS, ANIMALS, 3 OR PLANTS; TO AMEND CHAPTER 23, TITLE 16, 4 RELATING TO OFFENSES INVOLVING WEAPONS, BY 5 ADDING SECTION 16-23-790 SO AS TO PROVIDE THAT IT 6 IS UNLAWFUL FOR A PERSON TO KNOWINGLY INFECT, 7 HARM, OR DESTROY A FIELD OR TRACT OF LAND, A 8 STREAM OR BODY OF WATER, CROPS, PLANTS, 9 VEGETATION, LIVESTOCK, WILDLIFE, OR FISH BY 10 MEANS OF THE DIRECT OR INDIRECT USE OF A 11 BIOLOGICAL, CHEMICAL, OR NUCLEAR WEAPON OF 12 MASS DESTRUCTION, OR BY THE DIRECT OR INDIRECT 13 USE OF A BIOLOGICAL, CHEMICAL, OR NUCLEAR AGENT 14 OR SUBSTANCE, WITH THE INTENT OF CAUSING 15 ECONOMIC OR PHYSICAL HARM TO A PERSON, A FIELD 16 OR TRACT OF LAND, A STREAM OR BODY OF WATER, 17 CROPS, PLANTS, VEGETATION, LIVESTOCK, WILDLIFE, 18 OR FISH, OR TO ANY OTHER REAL OR PERSONAL 19 PROPERTY, OR THE ENVIRONMENT, AND TO PROVIDE 20 FOR PENALTIES AND RESTITUTION FOR VIOLATIONS OF 21 THIS SECTION; TO AMEND CHAPTER 23, TITLE 16, 22 RELATING TO OFFENSES INVOLVING WEAPONS, BY 23 ADDING ARTICLE 9 SO AS TO PROVIDE THAT, EXCEPT 24 AS EXPRESSLY AUTHORIZED AND PERMITTED BY 25 FEDERAL LAW, IT IS UNLAWFUL FOR A PERSON TO 26 MANUFACTURE, ASSEMBLE, POSSESS, STORE, 27 TRANSPORT, SELL, PURCHASE, DELIVER, OR ACQUIRE 28 NUCLEAR, BIOLOGICAL, OR CHEMICAL WEAPONS OF 29 MASS DESTRUCTION, OR BIOLOGICAL AGENTS OR 30 TOXINS, OR TO USE, THREATEN TO USE, OR ATTEMPT 31 TO USE THESE WEAPONS, AGENTS, OR TOXINS; TO 32 PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO 33 KNOWINGLY MAKE A FALSE REPORT CONCERNING 34 THESE WEAPONS, AGENTS, OR TOXINS; TO PROVIDE 35 THAT IT IS UNLAWFUL FOR A PERSON TO PERPETRATE 36 A HOAX BY THE USE OF AN ARTIFACT, REPLICA, OR 37 FALSE REPLICA OF THESE WEAPONS, AGENTS, OR 38 TOXINS; TO PROVIDE THAT THE UNLAWFUL KILLING OF 39 A PERSON BY MEANS OF THESE WEAPONS, AGENTS, OR 40 TOXINS IS MURDER; TO REQUIRE PERSONS WHO 41 KNOWINGLY OR INTENTIONALLY COMMIT ANY 42 OFFENSE INVOLVING THESE WEAPONS, AGENTS, OR 43 TOXINS BE PROSECUTED AND SENTENCED IN

1 [4416] 2 1 ACCORDANCE WITH THIS ARTICLE, AND TO PROVIDE 2 FOR PENALTIES FOR VIOLATIONS OF THE PROVISIONS 3 OF THIS ARTICLE; TO REQUIRE STATE, COUNTY, AND 4 MUNICIPAL LAW ENFORCEMENT OFFICERS TO MAKE 5 CERTAIN REPORTS TO THE STATE LAW ENFORCEMENT 6 DIVISION AND PUBLIC HEALTH OFFICIALS RELATING 7 TO BIOLOGICAL AGENTS, TOXINS, AND DELIVERY 8 SYSTEMS AND TO PROVIDE PENALTIES FOR 9 VIOLATIONS OF THIS ARTICLE; BY ADDING SECTION 10 12-6-3545 SO AS TO ALLOW A LAW ENFORCEMENT 11 OFFICER, FIREFIGHTER, OR EMERGENCY MEDICAL 12 TECHNICIAN EMPLOYED BY THIS STATE OR A 13 POLITICAL SUBDIVISION OF THIS STATE A CREDIT 14 AGAINST THE STATE INCOME TAX IN CONNECTION 15 WITH DUTY IN RESPONDING TO A TERRORIST ACT AND 16 TO PROVIDE THE AMOUNT OF THE CREDIT AND ITS 17 ELIGIBILITY REQUIREMENTS; TO ALLOW A STATE 18 INDIVIDUAL INCOME TAX DEDUCTION FOR MEMBERS 19 OF A STATE NATIONAL GUARD UNIT FEDERALIZED OR 20 A RESERVIST CALLED TO ACTIVE DUTY FOR 21 PARTICIPATION IN “OPERATION ENDURING FREEDOM” 22 OR “OPERATION NOBLE EAGLE”, OR BOTH; TO AMEND 23 ARTICLE 1, CHAPTER 5, TITLE 39, RELATING TO THE 24 SOUTH CAROLINA UNFAIR TRADE PRACTICES ACT, BY 25 ADDING SECTION 39-5-145 SO AS TO PROHIBIT THE 26 RENTAL AND SALE OF ESSENTIAL COMMODITIES AND 27 RENTAL AND LEASE OF DWELLING UNITS, INCLUDING 28 MOTEL OR HOTEL UNITS OR OTHER TEMPORARY 29 LODGING, OR SELF-STORAGE FACILITIES AT AN 30 UNCONSCIONABLE PRICE DURING AND WITHIN THE 31 AREA OF A DECLARED STATE OF EMERGENCY OR 32 DISASTER, TO DEFINE “COMMODITY” AND 33 “UNCONSCIONABLE PRICE”, TO ESTABLISH 34 EVIDENTIARY STANDARDS FOR ACTIONS BROUGHT 35 PURSUANT TO THESE PROVISIONS OR LOCAL 36 ORDINANCES, AND TO PROVIDE FOR THE ADDITIONAL 37 CIVIL PENALTY OF UP TO TWENTY-FIVE THOUSAND 38 DOLLARS FOR VIOLATIONS OCCURRING OVER A 39 TWENTY-FOUR-HOUR PERIOD AND FOR A CRIMINAL 40 PENALTY OF IMPRISONMENT FOR NOT MORE THAN 41 THIRTY DAYS FOR A WILFUL VIOLATION OF THESE 42 PROVISIONS; BY ADDING SECTION 39-5-147 SO AS TO 43 PROHIBIT THE USE OF A MISLEADING PRACTICE OR

1 [4416] 3 1 DEVICE FOR THE SOLICITATION OF CONTRIBUTIONS OR 2 THE SALE OF GOODS OR SERVICES FOR CHARITABLE 3 PURPOSES IN CONNECTION WITH A DECLARED STATE 4 OF EMERGENCY OR DISASTER, AND TO PROVIDE FOR 5 THE ADDITIONAL CIVIL PENALTY OF UP TO 6 TWENTY-FIVE THOUSAND DOLLARS FOR VIOLATIONS 7 OCCURRING OVER A TWENTY-FOUR-HOUR PERIOD AND 8 FOR A CRIMINAL PENALTY OF IMPRISONMENT FOR NOT 9 MORE THAN THIRTY DAYS FOR A WILFUL VIOLATION 10 OF THESE PROVISIONS; AND TO AMEND SECTIONS 11 16-7-10, RELATING TO ILLEGAL ACTS DURING A STATE 12 OF EMERGENCY, AND 33-56-120, AS AMENDED, 13 RELATING TO PROHIBITION OF MISREPRESENTATIONS 14 IN CHARITABLE SOLICITATIONS, BOTH SO AS TO 15 CONFORM THEM TO THESE PROVISIONS AND MAKE THE 16 PENALTIES FOR VIOLATIONS CUMULATIVE AND 17 ADDITIONAL; BY ADDING SECTION 8-1-200 SO AS TO 18 PROVIDE FOR LEAVES OF ABSENCE FOR PUBLIC 19 OFFICERS AND EMPLOYEES TRAINED BY THE 20 AMERICAN RED CROSS FOR DISASTER RESPONSE OR 21 EMERGENCY AND TO AUTHORIZE CERTAIN STATE 22 OFFICERS AND EMPLOYEES TO PARTICIPATE IN 23 AMERICAN RED CROSS DISASTER RESPONSE OR 24 EMERGENCY RELIEF AT DISASTER OR EMERGENCY 25 SITES WITHIN, OR OUTSIDE THE STATE; TO AMEND 26 SECTION 51-3-60, RELATING TO FREE ADMISSION TO 27 STATE PARKS AND REDUCED RATES FOR USE OF PARK 28 CAMPSITES, SO AS TO EXTEND THESE PRIVILEGES TO 29 POLICE, FIREFIGHTERS, AND EMERGENCY MEDICAL 30 TECHNICIANS AND PARAMEDICS; BY ADDING SECTION 31 59-149-25 SO AS TO PROVIDE THAT IN-STATE RESIDENTS 32 ARE ELIGIBLE FOR LIFE SCHOLARSHIPS WITHOUT THE 33 NECESSITY OF MEETING ANY ACADEMIC 34 QUALIFICATIONS EXCEPT FOR THE NECESSITY OF 35 BEING ACCEPTED UNDER APPLICABLE ADMISSION 36 REQUIREMENTS OF THE STATE INSTITUTION THEY ARE 37 TO ATTEND IF ONE OF THEIR PARENTS OR LEGAL 38 GUARDIANS DIED AS A RESULT OF THE TERRORIST 39 ATTACKS ON SEPTEMBER 11, 2001, AND TO PROVIDE 40 THE REQUIREMENTS AND PROCEDURES TO QUALIFY 41 FOR THESE SCHOLARSHIPS; BY ADDING SECTION 42 53-3-150 SO AS TO DESIGNATE THE ELEVENTH DAY OF 43 SEPTEMBER OF EACH YEAR AS A STATE DAY OF

1 [4416] 4 1 REMEMBRANCE TO THE VICTIMS OF THE SEPTEMBER 2 11, 2001 TERRORIST ATTACKS AND TO THE 3 COURAGEOUS ACTIONS OF ALL LAW ENFORCEMENT 4 OFFICERS AND RESCUE WORKERS; TO AMEND SECTION 5 59-1-443, RELATING TO SCHOOLS PROVIDING A MINUTE 6 OF MANDATORY SILENCE AT THE BEGINNING OF EACH 7 SCHOOL DAY, SO AS TO PROVIDE THAT SCHOOLS 8 INSTEAD SHALL PROVIDE FOR A DAILY OBSERVANCE 9 OF ONE MINUTE OF VOLUNTARY SILENT PRAYER, 10 MEDITATION, OR OTHER SILENT ACTIVITY; BY ADDING 11 SECTION 59-1-460 SO AS TO REQUIRE PRINCIPALS AND 12 TEACHERS IN PUBLIC ELEMENTARY AND SECONDARY 13 SCHOOLS TO DISPLAY THE MOTTO OF THE UNITED 14 STATES OF AMERICA IN EACH CLASSROOM, SCHOOL 15 AUDITORIUM, AND CAFETERIA. 16 Amend Title To Conform 17 18 Be it enacted by the General Assembly of the State of South 19 Carolina: 20 21 SECTION 1. This act may be cited as the “South Carolina 22 Homeland Security Act”. 23 24 SECTION 2. The General Assembly finds that: 25 (1) because of the tragic events of September 11, 2001, 26 involving acts of terrorism against the people of the United States 27 and because of continued threats against the peace and safety of 28 our nation, appropriate measures must be taken to ensure the safety 29 of the citizens of South Carolina; 30 (2) legislative enhancements must be enacted to provide law 31 enforcement, public health officials, and other emergency workers 32 with the proper means and tools to enable them to protect and 33 defend South Carolina and her citizens while preserving individual 34 constitutional rights and liberties and also to maintain order, 35 preserve the peace, preserve health, and reduce injuries and 36 casualties in the event that terrorist acts occur on South Carolina 37 soil. 38 39 SECTION 3. Section 1-3-420 of the 1976 Code is amended to 40 read: 41 42 “Section 1-3-420. The Governor, when in his opinion the facts 43 warrant, shall, by proclamation, declare that, because of unlawful

1 [4416] 5 1 assemblage, violence or threats of violence, or a public health 2 emergency, as defined in Section 44 - 4 - 130, a danger exists to the 3 person or property of any citizen and that the peace and tranquility 4 of the State, or any political subdivision thereof, or any particular 5 area of the State designated by him, is threatened, and because 6 thereof an emergency, with reference to such threats and danger, 7 exists. 8 The Governor, upon the issuance of a proclamation as provided 9 for in this section, shall forthwith must immediately file such the 10 proclamation in the office Office of the Secretary of State, which 11 proclamation shall be is effective upon issuance and remain in full 12 force and effect until revoked by the Governor.” 13 14 SECTION 4. Article 1, Chapter 11, Title 1 of the 1976 Code is 15 amended by adding: 16 17 “Section 1-11-435. To protect the State’s critical information 18 technology infrastructure and associated data systems in the event 19 of a major disaster, whether natural or otherwise, and to allow the 20 services to the citizens of this State to continue in such an event, 21 the Office of the State Chief Information Officer (CIO) should 22 develop a Critical Information Technology Infrastructure 23 Protection Plan devising policies and procedures to provide for the 24 confidentiality, integrity, and availability of, and to allow for 25 alternative and immediate on-line access to critical data and 26 information systems including, but not limited to, health and 27 human services, law enforcement, and related agency data 28 necessary to provide critical information to citizens and ensure the 29 protection of state employees as they carry out their 30 disaster-related duties. All state agencies and political 31 subdivisions of this State are directed to assist the Office of the 32 State CIO in the collection of data required for this plan.” 33 34 SECTION 5. The 1976 Code is amended by adding: 35 36 “Section 1-11-770. (A) Subject to appropriations, the General 37 Assembly authorizes the state Budget and Control Board to plan, 38 develop, and implement a statewide South Carolina 211 Network, 39 which must serve as the single point of coordination for 40 information and referral for health and human services. The 41 objectives for establishing the South Carolina 211 Network are to: 42 (1) provide comprehensive and cost-effective access to 43 health and human services information;

1 [4416] 6 1 (2) improve access to accurate information by simplifying 2 and enhancing state and local health and human services 3 information and referral systems and by fostering collaboration 4 among information and referral systems; 5 (3) electronically connect local information and referral 6 systems to each other, to service providers, and to consumers of 7 information and referral services; 8 (4) establish and promote standards for data collection and 9 for distributing information among state and local organizations; 10 (5) promote the use of a common dialing access code and 11 the visibility and public awareness of the availability of 12 information and referral services; 13 (6) provide a management and administrative structure to 14 support the South Carolina 211 Network and establish technical 15 assistance, training, and support programs for information and 16 referral-service programs; 17 (7) test methods for integrating information and referral 18 services with local and state health and human services programs 19 and for consolidating and streamlining eligibility and 20 case-management processes; 21 (8) provide access to standardized, comprehensive data to 22 assist in identifying gaps and needs in health and human services 23 programs; and 24 (9) provide a unified systems plan with a developed 25 platform, taxonomy, and standards for data management and 26 access. 27 (B) In order to participate in the South Carolina 211 Network, a 28 211 provider must be certified by the board. The board must 29 develop criteria for certification, and must adopt the criteria as 30 regulations. 31 (1) If any provider of information and referral services or 32 other entity leases a 211 number from a local exchange company 33 and is not certified by the agency, the agency shall, after 34 consultation with the local exchange company and the Public 35 Service Commission, request that the Federal Communications 36 Commission direct the local exchange company to revoke the use 37 of the 211 number. 38 (2) The agency shall seek the assistance and guidance of the 39 Public Service Commission and the Federal Communications 40 Commission in resolving any disputes arising over jurisdiction 41 related to 211 numbers.” 42

1 [4416] 7 1 SECTION 6. Article 1, Chapter 11, Title 6 of the 1976 Code is 2 amended by adding: 3 4 “Section 6-11-340. (A) The General Assembly finds that the 5 public interest requires the safeguarding and protection of facilities 6 owned by special purpose districts, such as water treatment plants, 7 water storage tanks, wastewater treatment plants, pumping 8 stations, and natural gas storage facilities. The health, safety, and 9 protection of human life is dependent, in part, upon these facilities 10 being properly protected from attack by terrorists or others seeking 11 to disrupt the proper operation of facilities. 12 (B) For purposes of this section, ‘special purpose district’ 13 means a special purpose district charged with the operation and 14 maintenance of natural gas distribution facilities, wastewater plants 15 or treatment facilities, or water treatment facilities, or with the 16 operation and management of any water distribution system. 17 (C) Each special purpose district is authorized to establish a 18 public safety department to protect and police the facilities owned 19 by the district under such reasonable rules and regulations as the 20 district may from time to time promulgate. The district may 21 appoint and commission as many public safety officers as 22 necessary for the proper security, general welfare, and convenience 23 of the facilities. The public safety officers must be vested with all 24 powers and duties conferred by law upon constables in addition to 25 duties imposed upon them by the governing body of the district. 26 The jurisdiction of these public safety officers is limited to the 27 property of the special purpose district and the streets and roads 28 through and contiguous to the property, except that these officers 29 may not make an incidental arrest of a person for, or issue a ticket 30 for, a traffic violation. 31 (D) The public safety officers appointed and commissioned by 32 a special purpose district must be law enforcement officers trained 33 and certified pursuant to Article 9, Chapter 6, Title 23, in 34 accordance with the training and certification standards established 35 for officers performing similar duties. The expense of the training 36 must be paid by the special purpose district by which that person is 37 employed and the Criminal Justice Academy Division of the 38 Department of Public Safety is authorized to establish and collect a 39 fee for this training.” 40 41 SECTION 7. Section 14-7-1630(A) of the 1976 Code is 42 amended to read: 43

1 [4416] 8 1 “(A) The jurisdiction of a state grand jury impaneled under this 2 article extends throughout the State. The subject matter 3 jurisdiction of a state grand jury in all cases is limited to the 4 following offenses: 5 (1) crimes involving narcotics, dangerous drugs, or 6 controlled substances, or any crime arising out of or in connection 7 with a crime involving narcotics, dangerous drugs, or controlled 8 substances including, but not limited to, money laundering as 9 specified in Section 44-53-475, obstruction of justice, perjury or 10 subornation of perjury, and crimes involving obscenity or any 11 attempt, aiding, abetting, solicitation, or conspiracy to commit any 12 of the aforementioned crimes if the crimes are of a multi-county 13 nature or have transpired or are transpiring or have significance in 14 more than one county of this State; and 15 (2) any crime, statutory, common law or other, involving 16 public corruption as defined in Section 14-7-1615, any crime, 17 statutory, common law or other, arising out of or in connection 18 with a crime involving public corruption as defined in Section 19 14-7-1615, and any attempt, aiding, abetting, solicitation, or 20 conspiracy to commit any crime, statutory, common law or other, 21 involving public corruption as defined in Section 14-7-1615; and 22 (3) crimes involving the election laws, including, but not 23 limited to, those named offenses as specified in Title 7, or any 24 common law crimes involving the election laws where not 25 superseded, or any crime arising out of or in connection with the 26 election laws, or any attempt, aiding, abetting, solicitation, or 27 conspiracy to commit a crime involving the election laws.; 28 (4) crimes involving computer crimes, pursuant to Chapter 29 16, Title 16, or any conspiracy or solicitation to commit these 30 crimes; and 31 (5) crimes involving terrorism, or any conspiracy or 32 solicitation to commit these crimes. Terrorism includes activities 33 that: 34 (a) involve acts dangerous to human life that are a 35 violation of the criminal laws of this State; 36 (b) appear to be intended to: 37 (i) intimidate or coerce a civilian population; 38 (ii) influence the policy of a government by 39 intimidation or coercion; or 40 (iii) affect the conduct of a government by mass 41 destruction, assassination, or kidnapping; and 42 (c) occur primarily within the territorial jurisdiction of 43 this State.”

1 [4416] 9 1 2 SECTION 8. Section 16-7-10 of the 1976 Code is amended to 3 read: 4 5 “Section 16-7-10. (A) In any area designated by the Governor 6 in his proclamation that a state of emergency exists, and during the 7 duration of such the proclamation, it shall be is unlawful for a 8 person to: 9 (1)(a) For any person to violate a provision set forth in the 10 proclamation; for any person to violate the provisions of any 11 curfew established, including, but not limited to, any curfew set 12 forth by the proclamation; 13 (b) for any unauthorized persons to congregate, except 14 unless authorized or in their homes, in groups of three or more and 15 to refuse to disperse upon order of any law enforcement a law 16 enforcement officer; or 17 (c) for any person to willfully wilfully fail or refuse to 18 comply with any lawful order or direction of any law-enforcement 19 law enforcement officer. 20 Any A person violating the provisions of this section shall be 21 deemed is guilty of a misdemeanor and, upon conviction, shall 22 must be fined not more than one hundred dollars or be imprisoned 23 for not more than thirty days. 24 (b)(2)(a) For any person to enter into the property of another, 25 without lawful authority and with criminal intent; 26 (b) to damage the property of another; or 27 (c) to take possession or otherwise disturb the property of 28 another in any manner. 29 Any of such acts shall constitute the offense A person violating 30 a provision of this item is guilty of the felony of looting, and any 31 person convicted thereof shall be guilty of a felony and, upon 32 conviction, shall must be punished by a fine or imprisonment 33 fined or imprisoned, or both, in the discretion of the court. The 34 court must order restitution pursuant to Section 17 - 25 - 322; 35 (3) charge unconscionable prices during a declared state of 36 emergency or disaster, as described in Section 39 - 5 - 145, or 37 knowingly and wilfully use a misleading practice or device to 38 solicit the contribution or sale of goods or services for charitable 39 purposes in connection with a declared state of emergency or 40 disaster, as described in Section 39 - 5 - 147. 41 (B) Penalties provided in this article are cumulative of and in 42 addition to those provided in Sections 39 - 5 - 145 and 39 - 5 - 147.” 43

1 [4416] 10 1 SECTION 9. Section 16-16-10 of the 1976 Code, as last 2 amended by Act 169 of 2002, is further amended to read: 3 4 “Section 16-16-10. For purposes of this chapter: 5 (a) ‘Computer’ means a device that performs logical, 6 arithmetic, and memory functions by manipulating impulses, and 7 includes including, but not limited to, all input, output, processing, 8 storage, computer software, and communication facilities that are 9 connected or related to a computer in a computer system or 10 computer network, but does not include a computer or other device 11 which is not used to access, to communicate with, or to manipulate 12 any other computer. For the purposes of this section, ‘computer’ 13 includes, but is not limited to, mainframes, servers, workstations, 14 desktops, and notebooks; industrial controls such as programmable 15 logic controllers and supervisory control and data acquisition 16 systems; portable hand - held computing devices such as personal 17 digital assistants and digital cellular telephones; data 18 communications network devices such as routers and switches; and 19 all other devices that are computer - based or communicate with or 20 are under the control of a computer such as appropriate telephone 21 switches, medical devices, and cable and satellite television 22 interface systems. ‘Computer’ does not include automated 23 typewriters or typesetters. 24 (b) ‘Computer network’ means the interconnection of 25 communications lines, or any other communications facilities, with 26 a computer through remote terminals, or a system consisting of 27 two or more interconnected computers, and those devices and 28 facilities through which an interconnection occurs. 29 (c) ‘Computer program’ means a series of instructions or 30 statements executable on a computer, which directs direct the 31 computer system in a manner to process data or perform other 32 specified functions. 33 (d) ‘Computer software’ means a set of computer programs, 34 data, procedures, or associated documentation concerned with the 35 operation of a computer system. 36 (e) ‘Computer system’ means a set of related, whether 37 connected or unconnected, computer equipment, devices, or 38 software. 39 (f) ‘Property’ includes, but is not limited to, financial 40 instruments, data, documents associated with computer systems, 41 and computer software, or copies thereof, whether tangible or 42 intangible, including both human and computer system readable 43 data, and data while in transit.

1 [4416] 11 1 (g) ‘Services’includes include, but is are not limited to, the use 2 of the computer system, computer network, computer programs, or 3 data prepared for computer use, or data obtained within a computer 4 system, or data contained within a computer network. 5 (h) ‘Data’ means a representation of information, knowledge, 6 facts, concepts, or instructions that has been prepared or is being 7 prepared in a formalized manner and has been processed, is being 8 processed, or is intended to be processed in a computer, computer 9 system, or computer network. Data may be in any form including, 10 but not limited to, computer printouts, magnetic storage media, 11 optical storage media, network data packets, flash memory cards, 12 smart card memory, punched cards, or as stored in the memory of 13 the computer or in transit or displayed on a video device. 14 (i) ‘Access’ means to gain entry to, attempt to gain entry to, 15 instruct, communicate with, attempt to communicate with, store or 16 alter data in, retrieve or remove data from, or otherwise make use 17 of or attempt to make use of the logical, arithmetic, or memory 18 function resources control, memory, storage, output, or 19 communication functions of a computer, computer system, or 20 computer network. 21 (j) ‘Computer hacking’ means: 22 (1) accessing or attempting to access all or part of a 23 computer, computer system, or a computer network without 24 express or implied authorization for the purpose of establishing 25 contact only; 26 (2) with the intent to defraud or with malicious intent to 27 commit another a crime after such the contact is established.; 28 (3) misusing computer or network services including, but 29 not limited to, mail transfer programs, file transfer programs, 30 proxy servers, and web servers by performing functions not 31 authorized by the appropriate principal of the computer, computer 32 system, or computer network. Misuse of computer and network 33 services includes, but is not limited to, the unauthorized use of: 34 (i) mail transfer programs to send mail to persons other 35 than the authorized users of that computer or computer network; 36 (ii) file transfer program proxy services or proxy servers 37 to access other computers, computer systems, or computer 38 networks; and 39 (iii) web servers to redirect users to other web pages or 40 web servers; 41 (4) using a group of computer programs commonly known 42 as ‘port scanners’ or ‘probes’ to intentionally access any computer, 43 computer system, or computer network without the permission of

1 [4416] 12 1 the appropriate principal of the computer, computer system, or 2 computer network. This group of computer programs includes, but 3 is not limited to, those computer programs that use a computer 4 network to access a computer, computer system, or another 5 computer network to determine: 6 (i) the presence or types of computers or computer systems 7 on a network; 8 (ii) the computer network’s facilities and capabilities; 9 (iii) the availability of computer or network services; 10 (iv) the presence or versions of computer software, including, 11 but not limited to, operating systems, computer services, or 12 computer contaminants; 13 (v) the presence of a known computer software deficiency 14 that can be used to gain unauthorized access to a computer, 15 computer system, or computer network; or 16 (vi) any other information about a computer, computer 17 system, or computer network not necessary for the normal and 18 lawful operation of the computer initiating the access. 19 This group of computer programs does not include standard 20 computer software used for the normal operation, administration, 21 management, and test of a computer, computer system, or 22 computer network, including, but not limited to, operating system 23 services such as domain name services and mail transfer services, 24 network monitoring and management computer software such as 25 the computer programs commonly called ‘ping’, ‘tcpdump’, and 26 ‘traceroute’, and systems administration computer software such as 27 the computer programs commonly known as ‘nslookup’ and 28 ‘whois’. It is unlawful to intentionally and knowingly use such 29 computer software to access any computer, computer system, or 30 computer network to adversely affect computer or network access 31 or performance; and 32 (5) the intentional use of a computer, computer system, or a 33 computer network in a manner that exceeds any right or 34 permission granted by the appropriate principal of the computer, 35 computer system, or computer network. 36 Computer hacking does not include the introduction of a 37 computer contaminant into a computer, computer system, 38 computer program, or computer network. 39 (k) ‘Computer contaminant’ means a computer program 40 designed to modify, damage, destroy, disable, deny or degrade 41 access to, allow unauthorized access to, functionally impair, 42 record, or transmit information within a computer, computer 43 system, or computer network without the consent express or

1 [4416] 13 1 implied consent of the owner. Computer contaminant includes, 2 but is not limited to,: 3 (1) a group of computer programs commonly known as 4 ‘viruses’ and ‘worms’ that are self-replicating or self-propagating, 5 and that are designed to contaminate other computer programs, 6 compromise computer security, consume computer resources, 7 modify, destroy, record, or transmit data, or in some fashion usurp 8 disrupt the normal operation of the computer, computer system, or 9 computer network.; 10 (2) a group of computer programs commonly known as 11 ‘Trojans’ or ‘Trojan horses’ that are not self - replicating or 12 self - propagating, and that are designed to compromise computer 13 security, consume computer resources, modify, destroy, record, or 14 transmit data, or disrupt the normal operation of the computer, 15 computer system, or computer network; 16 (3) a group of computer programs commonly known as 17 ‘zombies’ that are designed to use a computer without the 18 knowledge and consent of the appropriate principal, and that are 19 designed to send large quantities of data to a targeted computer 20 network for the purpose of degrading the targeted computer’s or 21 network’s performance, or denying access through the network to 22 the targeted computer or network, resulting in what is commonly 23 know as ‘Denial of Service’ or ‘Distributed Denial of Service’ 24 attacks; or 25 (4) a group of computer programs commonly know as ‘trap 26 doors’, ‘back doors’, or ‘root kits’ that are designed to bypass 27 standard authentication software, and that are designed to allow 28 access to or use of a computer without the knowledge or consent of 29 the appropriate principal. 30 (l) ‘Unauthorized access’ means access of a computer, 31 computer system, or computer network not explicitly or implicitly 32 authorized by the appropriate principal of the computer, computer 33 system, or computer network. 34 (m) ‘Unauthorized use’ means the: 35 (i) use of a computer, computer system, or computer 36 network not explicitly or implicitly authorized by the appropriate 37 principal of the computer, computer system, or computer network; 38 (ii) the use of computer software not explicitly or implicitly 39 authorized by the appropriate principal or licensee of the computer 40 software; or 41 (iii) the authorized use of a computer, computer system, 42 computer network, or computer software in an manner not

1 [4416] 14 1 explicitly or implicitly authorized by the appropriate principal or 2 licensee.” 3 4 SECTION 10. Section 16-16-20 of the 1976 Code, as amended 5 by Act 169 of 2002, is further amended to read: 6 “Section 16-16-20. (1) It is unlawful for a person to wilfully, 7 knowingly, maliciously, and without authorization or for an 8 unauthorized purpose to: 9 (a) directly or indirectly access or cause to be accessed a 10 computer, computer system, or computer network for the purpose 11 of: 12 (i) devising or executing a scheme or artifice to defraud; 13 (ii) obtaining money, property, or services by means of 14 false or fraudulent pretenses, representations, promises; or 15 (iii) committing any other crime. 16 (b) alter, damage, destroy, or modify a computer, computer 17 system, computer network, computer software, computer program, 18 or data contained in that computer, computer system, computer 19 program, or computer network or introduce a computer 20 contaminant into that computer, computer system, computer 21 program, or computer network. 22 (2) A person is guilty of computer crime in the first degree if 23 the amount of gain directly or indirectly derived from the offense 24 made unlawful by subsection (1) or the loss directly or indirectly 25 suffered by the victim exceeds five ten thousand dollars. 26 Computer crime in the first degree is a felony and, upon 27 conviction, a person must be fined not more than one hundred 28 twenty-five fifty thousand dollars or imprisoned not more than ten 29 five years, or both. 30 (3)(a) A person is guilty of computer crime in the second 31 degree if the amount of gain directly or indirectly derived from the 32 offense made unlawful by subsection (1) or the loss directly or 33 indirectly suffered by the victim is greater than one thousand 34 dollars but not more than five ten thousand dollars. 35 (b) A person is also guilty of computer crime in the second 36 degree where: 37 (i) he interferes with, causes to be interfered with, denies 38 or causes to be denied any computer or network service to an 39 authorized user of the computer or network service for the purpose 40 of devising or executing any scheme or artifice to defraud, or 41 obtaining money, property, or services by means of false or 42 fraudulent pretenses, representations, or promises, or committing 43 any other felony;

1 [4416] 15 1 (ii) he deprives the owner of possession of, or takes, 2 transfers, conceals, or retains possession of any computer, data, 3 computer property, or computer-related property, including all 4 parts of a computer, computer system, computer network, 5 computer software, computer services, or information associated 6 with a computer, whether in a tangible or intangible form; or 7 (iii) the gain derived from the offense made unlawful by 8 subsection (1) or loss suffered by the victim cannot reasonably be 9 ascertained. 10 (c) Computer crime in the second degree is a misdemeanor 11 and, upon conviction for a first offense, a person must be fined not 12 more than fifty ten thousand dollars or imprisoned not more than 13 three years one year, or both. Upon conviction for a second or 14 subsequent offense, a person is guilty of a felony misdemeanor and 15 must be fined not more than fifty twenty thousand dollars or 16 imprisoned not more than five two years, or both. 17 (4) A person is guilty of computer crime in the third degree if 18 the amount of gain directly or indirectly derived from the offense 19 made unlawful by subsection (1) or the loss directly or indirectly 20 suffered by the victim is not more than one thousand dollars. A 21 person is also guilty of computer crime in the third degree if he 22 wilfully, knowingly, and without authorization or for an 23 unauthorized purpose engages in computer hacking. Computer 24 crime in the third degree is a misdemeanor and, upon conviction 25 for a first offense, a person must be fined not more than two 26 hundred dollars or imprisoned not more than thirty days. Upon 27 conviction for a second or subsequent offense, a person must be 28 fined not more than two thousand dollars or imprisoned not more 29 than two years, or both. 30 (5) Each computer, computer system, or computer network 31 affected by the violation of this chapter constitutes a separate 32 violation.” 33 34 SECTION 11. Section 16-16-25 of the 1976 Code, as added by 35 Act 169 of 2002, is amended to read: 36 37 “Section 16-16-25. In addition to other civil remedies available, 38 the owner or lessee of a computer, computer system, computer 39 network, computer program, or data may bring a civil action 40 against a person convicted under this chapter for compensatory 41 damages, and restitution, and attorney’s fees. Compensatory 42 damages and restitution may include:

1 [4416] 16 1 (1) expenditures reasonably and necessarily incurred by the 2 owner or lessee to verify whether a computer system, computer 3 network, computer program, or data was altered, damaged, or 4 deleted by the access; 5 (2) costs of repairing or, if necessary, replacing the affected 6 computer, computer system, computer network, computer 7 software, computer program, or database data; 8 (3) lost profits for the period that the computer, computer 9 system, computer network, computer software, computer program, 10 or database data was unusable; and 11 (4) costs of replacing or restoring the data lost or damaged as a 12 result of a violation of this chapter.” 13 14 SECTION 12. Section 16-16-30 of the 1976 Code, as last 15 amended by Act 169 of 2002, is further amended to read: 16 17 “Section 16-16-30. For the purpose of venue under this 18 chapter, a violation of this chapter is considered to have been 19 committed in the county in which the violation took place; 20 however, upon proper motion and the proper showing before a 21 judge, venue may be transferred if justice would be better served 22 by the transfer, to one of the following: 23 (1) a county in which an act was performed in furtherance of a 24 transaction which violated this chapter; 25 (2) the county of the principal place of business in this State of 26 the owner or lessee of a computer, computer system, computer 27 network, or any part of it, which has been subject to the violation; 28 or 29 (3) a county in which a violator had control or possession of 30 proceeds of the violation or of books, records, documents, 31 property, financial instrument instruments, computer software, 32 computer program programs, or other material materials or objects 33 which were used in the furtherance of the violation.” 34 35 SECTION 13. Article 7, Chapter 23, Title 16 of the 1976 Code, 36 as added by Act 237 of 2000, is amended to read: 37 38 “Article 7. 39 40 Bombs, Destructive Devices, and Weapons of Mass Destruction 41 42 Section 16-23-710. For purposes of this article:

1 [4416] 17 1 (1) ‘Bacteriological weapon’ and ‘biological weapon’ mean 2 devices which are designed in a manner as to permit the intentional 3 release into the population or environment of microbiological or 4 other biological materials, toxins, or agents, whatever their origin 5 or method of production, in a manner not authorized by law, or any 6 device, the development, production, or stockpiling of which is 7 prohibited pursuant to the ‘Convention of the Prohibition of the 8 Development, Production and Stockpiling of Bacteriological 9 (Biological) and Toxin Weapons and their Destruction’, 26 U.S.T. 10 583, TIAS 8063. 11 (2) ‘Bomb’ includes a destructive device capable of being 12 detonated, triggered, or set off to release any substance or material 13 that is destructive, irritating, odoriferous, or otherwise harmful to 14 one or more organisms including, but not limited to, human 15 beings, livestock, animals, crops or vegetation, or to earth, air, 16 water, or any other material or substance necessary or required to 17 sustain human or any other individual form of life, or to real or 18 personal property. 19 (3) ‘Bomb technician’, ‘explosive ordnance technician’, or 20 ‘EOD technician’ means either: 21 (a) a law enforcement officer, fire official, emergency 22 management official, or an employee of the State, its political 23 subdivisions, or an authority of the State or a political subdivision, 24 whose job title includes the designation of bomb technician, 25 explosive ordnance disposal technician, or EOD technician and 26 whose assigned duties include the rendering-safe of improvised 27 explosive devices, destructive devices, old or abandoned 28 explosives, war relics, or souvenirs while acting in the 29 performance of his official duties; or 30 (b) an official or employee of the United States including, 31 but not limited to, a member of the Armed Forces of the United 32 States, who is qualified as an explosive ordnance disposal 33 technician under the federal, state, or local laws or regulations 34 while acting in the performance of his duty. 35 (4) ‘Building’ means any structure, vehicle, watercraft, or 36 aircraft: 37 (a) where any person lodges or lives; or 38 (b) where people assemble for purposes of business, 39 government, education, religion, entertainment, public 40 transportation, or public use or where goods are stored. Where a 41 building consists of two or more units separately occupied or 42 secured, each unit is considered both a separate building in itself 43 and a part of the main building.

1 [4416] 18 1 (5) ‘Device’ means an object, contrivance, instrument, 2 technique, or any thing that is designed, manufactured, assembled, 3 or capable of serving any purpose in a bomb, destructive device, 4 explosive, incendiary, or weapon of mass destruction. 5 (6) ‘Detonate’ means to explode or cause to explode. 6 (7) ‘Destructive device’ means: 7 (a) a bomb, incendiary device, or anything any thing that can 8 detonate, explode, be released, or burn by mechanical, chemical, or 9 nuclear means, or that contains an explosive, incendiary, 10 poisonous gas, or toxic substance (chemical, biological, or nuclear 11 materials) including, but not limited to, an incendiary or 12 over-pressure device, or any other device capable of causing 13 damage, injury, or death; 14 (b) a weapon of mass destruction; 15 (c)(b) a bacteriological weapon or biological weapon; or 16 (d)(c) a combination of any parts, components, chemical 17 compounds, or other substances, either designed or intended for 18 use in converting any device into a destructive device which has 19 been or can be assembled to cause damage, injury, or death. 20 (8) ‘Detonator’ means a device containing a detonating charge 21 used to initiate detonation in an explosive or any device capable of 22 triggering or setting off an explosion or explosive charge 23 including, but not limited to, impact or an impact device, a timing 24 mechanism, electricity, a primer, primer or detonating cord, a 25 detonating cap or device of any kind, detonating waves, electric 26 blasting caps, blasting caps for use with safety fuses, shock tube 27 initiator, and detonating cord delay connectors, or any other device 28 capable of detonating or exploding a bomb, weapon of mass 29 destruction, or destructive device. 30 (9) ‘Distribute’ means the actual or constructive delivery or the 31 attempted transfer from one person to another. 32 (10) ‘Explosive’ means a chemical compound or other 33 substance or a mechanical system intended for the purpose of 34 producing an explosion capable of causing injury, death, or 35 damage to property or one an explosive containing oxidizing and 36 combustible units or other ingredients in such proportions or 37 quantities that ignition, fire, friction, concussion, percussion, or 38 detonation may produce an explosion capable of causing injury, 39 death, or damage to property. Explosives include, but are not 40 limited to, the list of explosive materials published and 41 periodically updated by the Bureau of Alcohol, Tobacco and 42 Firearms.

1 [4416] 19 1 (11) ‘Hoax device’ or ‘replica’ means a device or object which 2 has the appearance of a destructive device. 3 (12) ‘Incendiary’ means any material that: 4 (a) causes, or is capable of causing, fire when it is lit or 5 ignited; and 6 (b) is used to ignite a flammable liquid or compound in an 7 unlawful manner. 8 (13) ‘Incendiary device’ means a destructive device, however 9 possessed or delivered, and by whatever name called, containing 10 or holding a flammable liquid or compound, which is capable of 11 being ignited by any means possible. Incendiary device includes, 12 but is not limited to, any form of explosive, explosive bomb, 13 grenade, missile, or similar device, whether capable of being 14 carried or thrown by a person acting alone or with one or more 15 persons, but does not include a device manufactured or produced 16 for the primary purpose of illumination or for marking detours, 17 obstructions, defective paving, or other hazards on streets, roads, 18 highways, or bridges, when used in a lawful manner. 19 (14) ‘Over-pressure device’ means a container filled with an 20 explosive gas or expanding gas or liquid which is designed or 21 constructed so as to cause the container to break, fracture, or 22 rupture in a manner capable of causing death, bodily harm injury, 23 or property damage, and includes, but is not limited to, a chemical 24 reaction bomb, an acid bomb, a caustic bomb, or a dry ice bomb. 25 (15) ‘Parts’ means mean a combination of parts, components, 26 chemical compounds, or other substances, designed or intended for 27 use in converting any device into a destructive device. 28 (16) ‘Poisonous gases’ means mean a toxic chemical or its 29 precursors that through its chemical action or properties on life 30 processes, causes death or injury to human beings or other living 31 organisms. However, the term does not include: 32 (a) riot control agents, smoke and obscuration materials, or 33 medical products which are manufactured, possessed, transported, 34 or used in accordance with the laws of this State or the United 35 States; 36 (b) tear gas devices designed to be carried on or about the 37 person which contain not more than fifty cubic centimeters of the 38 chemical; or 39 (c) pesticides, as used in agriculture and household products. 40 (17) ‘Property’ means real or personal property of any kind 41 including money, choses in action, and other similar interest in 42 property. 43 (18) ‘Terrorism’ includes activities that:

1 [4416] 20 1 (a) involve acts dangerous to human life that are a violation 2 of the criminal laws of this State; 3 (b) appear to be intended to: 4 (i) intimidate or coerce a civilian population; 5 (ii) influence the policy of a government by intimidation 6 or coercion; or 7 (iii) affect the conduct of a government by mass 8 destruction, assassination, or kidnapping; and 9 (c) occur primarily within the territorial jurisdiction of this 10 State.” 11 (18)(19) ‘Weapon of mass destruction’ means any device 12 designed to release radiation or radioactivity at a level that will 13 result in internal or external bodily injury or death to a person.: 14 (a) any destructive device as defined in item (7); 15 (b) any weapon that is designed or intended to cause death 16 or serious bodily injury through the release, dissemination, or 17 impact of toxic or poisonous chemicals, or their precursors; 18 (c) any weapon involving a disease organism; or 19 (d) any weapon that is designed to release radiation or 20 radioactivity at a level dangerous to human life. 21 22 Section 16-23-715. A person who, without lawful authority, 23 possesses, uses, threatens, or attempts or conspires to possess or 24 use a weapon of mass destruction in furtherance of an act of 25 terrorism is guilty of a felony and upon conviction: 26 (1) in cases resulting in the death of another person, must be 27 punished by death or by imprisonment for life; or 28 (2) in cases which do not result in the death of another person, 29 must be punished by imprisonment for not less than twenty - five 30 years nor more than life. 31 32 Section 16-23-720. (A) It is unlawful for a person intentionally 33 to detonate use a destructive device or cause an explosion, or 34 intentionally to aid, counsel, solicit another, or procure an 35 explosion by means of detonation the use of a destructive device. 36 A person who violates this subsection is guilty of a felony and, 37 upon conviction: 38 (1) in cases resulting in the death of another person where 39 there was malice aforethought, must be punished by death, by 40 imprisonment for life, or by a mandatory minimum term of 41 imprisonment for thirty years;

1 [4416] 21 1 (2) in cases resulting in the death of another person where 2 there was not malice aforethought, must be imprisoned not less 3 than two ten years nor more than thirty years; and 4 (3) in cases resulting in injury to a person, must be 5 imprisoned for not less than ten years nor more than twenty-five 6 years. 7 (B) A person who intentionally causes an explosion by means 8 of a destructive device or aids, counsels, solicits another, or 9 procures an explosion by means of a destructive device, which 10 results in damage to a building or other real or personal property, 11 or a person who attempts to injure another or damage or destroy a 12 building or other real or personal property by means of a 13 destructive device, is guilty of a felony and, upon conviction, must 14 be imprisoned for not less than two ten years nor more than 15 twenty-five years. 16 (C) A person who knowingly possesses, manufactures, 17 transports, distributes, or possesses with the intent to distribute a 18 destructive device or any explosive, incendiary device, or 19 over-pressure device or toxic substance or material which has been 20 configured to cause damage, injury, or death, or a person who 21 possesses parts, components, or materials which when assembled 22 constitute a destructive device is guilty of a felony and, upon 23 conviction, must be imprisoned for not less than two years nor 24 more than fifteen years. 25 (D) A person who threatens, solicits another to threaten, or 26 conspires to threaten to cause damage, injury, or death or to cause 27 damage to or destroy a building or other real or personal property 28 by means of destructive device is guilty of a felony and, upon 29 conviction, must be imprisoned for not more than fifteen years. 30 (E) A person who knowingly protects, harbors, or conceals 31 another who is known by the person to have planned, executed, or 32 commited any violation of the provisions of this article is guilty of 33 a felony and, upon conviction, must be imprisoned for not more 34 than fifteen years. 35 36 Section 16-23-730. A person who knowingly manufactures, 37 possesses, transports, distributes, uses or aids, or counsels, solicits 38 another, or conspires with another in the use of a hoax device or 39 replica of a destructive device or detonator which causes any 40 person reasonably to believe that the hoax device or replica is a 41 destructive device or detonator is guilty of a misdemeanor and, 42 upon conviction, must be imprisoned for not more than one year or 43 fined not more than ten thousand dollars, or both. A person who

1 [4416] 22 1 communicates or transmits to another person that a hoax device or 2 replica is a destructive device or detonator with the intent to 3 intimidate or threaten injury, to obtain property of another, or to 4 interfere with the ability of another person to conduct or carry on 5 his life, business, trade, education, religious worship, or to 6 interfere with the operations and functions of any government 7 entity is guilty of a felony and, upon conviction, must be 8 imprisoned for not less than two years nor more than fifteen years. 9 10 Section 16-23-740. A person who knowingly and wilfully 11 hinders or obstructs an explosive ordnance technician, bomb 12 technician, law enforcement officer, fire official, emergency 13 management official, public safety officer, animal trained to detect 14 destructive devices, or any robot or mechanical device designed 15 for or utilized by a law enforcement officer, fire official, 16 emergency management official, public safety officer, or bomb 17 technician of this State or of the United States while in the 18 detection, disarming, or destruction of a destructive device is 19 guilty of a felony and, upon conviction, must be imprisoned for not 20 less than one year nor more than five years. 21 22 Section 16-23-750. A person who communicates a threat or 23 conveys or causes to be conveyed false information, knowing the 24 information to be false, concerning an attempt or alleged attempt 25 being made or to be made to kill, injure, or intimidate any person 26 or to damage or destroy any building or other real or personal 27 property by means of an explosive, incendiary, or destructive 28 device or who aids, agrees with employs, or conspires with any 29 person to do or cause to be done any of the acts in this section, is 30 guilty of a felony and, upon conviction, for a first offense must be 31 imprisoned for not less than one year nor more than ten years. For 32 a second or subsequent offense, the person must be imprisoned for 33 not less than five years nor more than fifteen years. A sentence 34 imposed for a violation of this section must not be suspended and 35 probation must not be granted. 36 37 Section 16-23-760. (A) Unless otherwise ordered by a court of 38 competent jurisdiction, photographs, electronic imaging, video 39 tapes, or other identification or analysis of a destructive device, 40 explosive, incendiary, poisonous gas, toxic substance, whether 41 chemical, biological, or nuclear material, or detonator identified by 42 a qualified bomb technician or person qualified as a forensic expert 43 in the field of destructive devices is admissible in any civil or

1 [4416] 23 1 criminal trial in lieu of production of the actual destructive device 2 or detonator. Evidence transferred to the clerk of court by a 3 qualified bomb technician for safekeeping must not be destroyed 4 except pursuant to a court order issued by a court of competent 5 jurisdiction. 6 (B) If a destructive device, explosive, incendiary, poisonous 7 gas, toxic substance, whether chemical, biological, or nuclear 8 material, or detonator that has been rendered inert and safe is 9 introduced into evidence in any criminal or civil trial, the clerk of 10 court may retain custody or transfer custody of the destructive 11 device or detonator to a qualified bomb technician for safekeeping 12 only after the destructive device has been preserved as evidence by 13 photograph, video tape, or other suitable means of identification. 14 15 Section 16-23-770. (A) All property used or intended for use in 16 violation of this article and all proceeds derived from, realized 17 from, or traced back to property used or intended for use in 18 violation of this article is contraband and subject to forfeiture. 19 Property subject to forfeiture must be seized by a law enforcement 20 agency and forfeited to the State, a political subdivision of the 21 State, or the seizing law enforcement agency. 22 (B) On application of a seizing law enforcement agency, the 23 circuit court may order the agency to destroy or transfer the seized 24 device to any agency of this State or of the United States that can 25 safely store or render harmless a destructive device, explosive, 26 poisonous gas, or detonator if the court finds that it is impractical 27 or unsafe for the seizing law enforcement agency to store the 28 destructive device, explosive, poisonous gas, or detonator. 29 Notwithstanding Section 16-23-760, the application for destruction 30 of a destructive device may be made at anytime after seizure. Any 31 destruction ordered pursuant to this subsection must be done in the 32 presence of at least one credible witness or recorded on film, 33 videotape, or other electronic imaging method. The court also may 34 order the seizing agency or the agency to which the device, 35 explosive, poisonous gas, or detonator is transferred to make a 36 report of the destruction, take samples before the destruction, or 37 both. 38 (C) Nothing in subsection (A) or (B) prohibits a bomb 39 technician, law enforcement officer, or fire official from taking 40 action that will render an explosive, destructive device, poisonous 41 gas, or detonator, or other object which is suspected of being an 42 explosive, destructive device, poisonous gas, or detonator safe 43 without prior approval of a court when the action is in the

1 [4416] 24 1 performance of his duties and is intended to protect lives or 2 property which are in imminent danger. 3 (D) The provisions of this article do not apply to the lawful use 4 of: 5 (1) fertilizers, propellant activated devices, or propellant 6 activated industrial tools manufactured, imported, distributed, or 7 used for their intended purposes; 8 (2) pesticides which are manufactured, stored, transported, 9 distributed, possessed, or used in accordance with Chapter 7, Title 10 2, the federal Insecticide, Fungicide, and Rodenticide Act and the 11 Environmental Pesticide Control Act of 1972; 12 (3) explosives, blasting agents, detonators, and other objects 13 regulated and controlled by the South Carolina Explosives Control 14 Act; 15 (4) ammunition for small arms and firearms; 16 (5) components of ammunition for small arms and firearms; 17 (6) ammunition reloading equipment; 18 (7) the use of small arms propellant when used in war 19 reenactments; 20 (8) firearms, as defined in Section 16-8-10; or 21 (9) fireworks and explosives which are permitted to be sold, 22 possessed, or used under Chapter 35 of Title 23. 23 (E) The provisions of this article do not apply to the military or 24 naval forces of the United States, to the duly organized military 25 force of a state or territory, or to police or fire departments in this 26 State when they are acting within their official capacities and in 27 performance of their duties. 28 29 Section 16 - 23 - 780. All state, county, and municipal law 30 enforcement officers who encounter a known or suspected 31 destructive device, biological or bacteriological weapon or a 32 nuclear, biological, or chemical weapon of mass destruction in the 33 course of their employment must immediately report the existence 34 and location of the device or weapon to the State Law Enforcement 35 Division for purposes of disseminating the information to law 36 enforcement agencies, and to the appropriate state and local public 37 health officials for purposes of enabling public health officials to 38 assess the nature and extent of the threat of the device or weapon 39 to public health.” 40 41 SECTION 14. Title 17 of the 1976 Code is amended by adding: 42 43 “CHAPTER 30

1 [4416] 25 1 2 Interception of Wire, Electronic, or Oral Communications 3 4 Section 17-30-10. The interception of wire, electronic, or oral 5 communications is hereby authorized only in the manner permitted 6 by this chapter. 7 8 Section 17-30-15. As used in this chapter: 9 (1) ‘Wire communication’ means any aural transfer made in 10 whole or in part through the use of facilities for the transmission of 11 communications by the aid of wire, cable, or other like connection 12 between the point of origin and the point of reception including the 13 use of this connection in a switching station furnished or operated 14 by any person engaged in providing or operating the facilities for 15 the transmission of intrastate, interstate, or foreign 16 communications or communications affecting intrastate, interstate, 17 or foreign commerce. The term includes any electronic storage of 18 the communication. 19 (2) ‘Oral communication’ means any oral communication 20 uttered by a person exhibiting an expectation that the 21 communication is not subject to interception under circumstances 22 justifying the expectation and does not mean any public oral 23 communication uttered at a public meeting or any electronic 24 communication. 25 (3) ‘Intercept’ means the aural or other acquisition of the 26 contents of any wire, electronic, or oral communication through 27 the use of any electronic, mechanical, or other device. 28 (4) ‘Electronic, mechanical, or other device’ means any device 29 or apparatus which can be used to intercept a wire, electronic, or 30 oral communication other than: 31 (a) any telephone or telegraph instrument, equipment, or 32 facility, or any component thereof: 33 ( i) furnished to the subscriber or user by a provider of 34 wire or electronic communication service in the ordinary course of 35 its business and being used by the subscriber or user in the 36 ordinary course of its business or furnished by the subscriber or 37 user for connection to the facilities of the service and used in the 38 ordinary course of its business; or 39 (ii) being used by a provider of wire or electronic 40 communications service in the ordinary course of its business or by 41 an investigative or law enforcement officer in the ordinary course 42 of his duties; or

1 [4416] 26 1 (b) a hearing aid or similar device being used to correct 2 subnormal hearing to not better than normal. 3 (5) ‘Person’ means an employee or agent of the State of South 4 Carolina or political subdivision of the State, of the United States, 5 or of any other state or political subdivision of the state, and any 6 individual, partnership, association, joint stock company, trust, or 7 corporation. 8 (6) ‘Investigative or law enforcement officer’ means an officer 9 of the State of South Carolina or political subdivision of the State, 10 of the United States, or of any other state or political subdivision 11 of the state, who is empowered by law to conduct on behalf of the 12 government investigations of or to make arrests for offenses 13 enumerated in this chapter or similar federal offenses. 14 (7) ‘Contents’, when used with respect to any wire, oral, or 15 electronic communication, include any information concerning the 16 substance, purport, or meaning of that communication. 17 (8) ‘Judge of competent jurisdiction’ means a circuit court 18 judge designated by the Chief Justice of the Supreme Court of the 19 State of South Carolina. 20 (9) ‘Reviewing authority’ means a panel of three judges of the 21 South Carolina Court of Appeals designated by the Chief Judge of 22 the South Carolina Court of Appeals. 23 (10) ‘Aggrieved person’ means a person who was a party to any 24 intercepted wire, oral, or electronic communication or a person 25 against whom the interception was directed. 26 (11) ‘Law enforcement agency’ means the South Carolina Law 27 Enforcement Division (SLED) or an agency of the United States if 28 the primary responsibility of the agency is the prevention and 29 detection of crime and if its agents and officers are empowered by 30 law to conduct criminal investigations and to make arrests. 31 (12) ‘Communication common carrier’ has the same meaning 32 which is given the term ‘common carrier’ in 47 U.S.C. Section 33 153(h). 34 (13) ‘Electronic communication’ means any transfer of signs, 35 signals, writing, images, sounds, data, or intelligence of any nature 36 transmitted in whole or in part by a wire, radio, electromagnetic, 37 photoelectronic, photooptical system, or any other device that 38 affects intrastate, interstate, or foreign commerce, but does not 39 include: 40 (a) any wire or oral communication; 41 (b) any communication made through a tone-only paging 42 device;

1 [4416] 27 1 (c) any communication from an electronic or mechanical 2 device which permits the tracking of the movement of a person or 3 an object; or 4 (d) electronic funds transfer information stored by a 5 financial institution in a communications system used for the 6 electronic storage and transfer of funds. 7 (14) ‘User’ means any person or entity who: 8 (a) uses an electronic communication service; and 9 (b) is duly authorized by the provider of the service to 10 engage in its use. 11 (15) ‘Electronic communications system’ means any wire, radio, 12 electromagnetic, photooptical, or photoelectronic facilities for the 13 transmission of wire or electronic communications, and any 14 computer facilities or related electronic equipment for the 15 electronic storage of these communications. 16 (16) ‘Electronic communication service’ means any service 17 which provides to users of the service the ability to send or receive 18 wire or electronic communications. 19 (17) ‘Readily accessible to the general public’ means, with 20 respect to a radio communication, that the communication is not: 21 (a) scrambled or encrypted; 22 (b) transmitted using modulation techniques whose essential 23 parameters have been withheld from the public with the intention 24 of preserving the privacy of the communication; 25 (c) carried on a subcarrier or other signal subsidiary to a 26 radio transmission; 27 (d) transmitted over a communications system provided by a 28 common carrier, unless the communication is a tone-only paging 29 system communication; or 30 (e) transmitted on frequencies allocated under Part 25; 31 Subpart D, Subpart E, or Subpart F of Part 74; or Part 94 of the 32 Rules of the Federal Communications Commission, unless, in the 33 case of a communication transmitted on a frequency allocated 34 under Part 74 that is not exclusively allocated to broadcast 35 auxiliary services, the communication is a two-way voice 36 communication by radio. 37 (18) ‘Electronic storage’ means: 38 (a) any temporary intermediate storage of a wire or 39 electronic communication incidental to the electronic transmission 40 of the communication; or 41 (b) any storage of a wire or electronic communication by an 42 electronic communication service for purposes of backup 43 protection of such communication.

1 [4416] 28 1 (19) ‘Aural transfer’ means a transfer containing the human 2 voice at any point between and including the point of origin and 3 the point of reception. 4 (20) ‘Remote computing service’ means the provision to the 5 public of computer storage or processing services by means of an 6 electronic communications system. 7 (21) ‘Pen register’ means a device which records or decodes 8 electronic or other impulses which identify the numbers dialed or 9 otherwise transmitted on the telephone line to which the device is 10 attached, but the term does not include any device used by a 11 provider or customer of a wire or electronic communication 12 service for billing or recording as an incident to billing, for 13 communication services provided by the provider, or any device 14 used by a provider or customer of a wire communication service 15 for cost accounting or other like purposes in the ordinary course of 16 its business. 17 (22) ‘Trap and trace device’ means a device which captures the 18 incoming electronic or other impulses which identify the 19 originating number of an instrument or a device from which a wire 20 or electronic communication was transmitted. 21 (23) ‘State’ means any state of the United States, the District of 22 Columbia, the Commonwealth of Puerto Rico, or any other 23 possession or territory of the United States. 24 25 Section 17-30-20. Except as otherwise specifically provided in 26 this chapter, a person who commits any of the following acts is 27 guilty of a felony and, upon conviction, must be punished as 28 provided in Section 17-30-50 of this chapter: 29 (1) intentionally intercepts, attempts to intercept, or procures 30 any other person to intercept or attempt to intercept any wire, oral, 31 or electronic communication; 32 (2) intentionally uses, attempts to use, or procures any other 33 person to use or attempt to use any electronic, mechanical, or other 34 device to intercept any oral communication when: 35 (a) the device is affixed to or otherwise transmits a signal 36 through a wire, cable, or other like connection used in wire 37 communication; or 38 (b) the device transmits communications by radio or 39 interferes with the transmission of the communication; 40 (3) intentionally discloses or attempts to disclose to any 41 other person the contents of any wire, oral, or electronic 42 communication, knowing or having reason to know that the

1 [4416] 29 1 information was obtained through the interception of a wire, oral, 2 or electronic communication in violation of this subsection; 3 (4) intentionally uses or attempts to use the contents of any 4 wire, oral, or electronic communication, knowing or having reason 5 to know that the information was obtained through the interception 6 of a wire, oral, or electronic communication in violation of this 7 subsection; or 8 (5) intentionally discloses or attempts to disclose to any 9 other person the contents of any wire, oral, or electronic 10 communication intercepted by means authorized by Section 11 17-30-70 or Section 17-30-95 when that person knows or has 12 reason to know that the information was obtained through the 13 interception of such a communication in connection with a 14 criminal investigation and the disclosure is not otherwise 15 authorized under this chapter. 16 17 Section 17-30-25. (A) It is lawful under this chapter for an 18 operator of a switchboard, or an officer, employee, or agent of a 19 provider of wire or electronic communication service whose 20 facilities are used in the transmission of a wire or electronic 21 communication to intercept, disclose, or use that communication in 22 the normal course of his employment while engaged in any activity 23 which is a necessary incident to the rendition of his service or to 24 the protection of the rights or property of the provider of that 25 service, except that a provider of wire communication service to 26 the public must not utilize service observing or random monitoring 27 except for mechanical or service quality control checks. 28 (B) Notwithstanding any other provision of law, a provider of 29 wire, oral, or electronic communication service, or an officer, 30 employee, or agent thereof, or landlord, custodian, or other person 31 may provide information, facilities, or technical assistance to a 32 person authorized by law to intercept wire, oral, or electronic 33 communications if the provider, or an officer, employee, or agent 34 thereof, or landlord, custodian, or other person, has been provided 35 with: 36 (1) a court order directing such assistance signed by the 37 authorizing judge; or 38 (2) a certification in writing by a person specified in Section 39 17-30-95 that no warrant or court order is required by law, that all 40 statutory requirements have been met, and that the specified 41 assistance is required, setting forth the period of time during which 42 the provision of the information, facilities, or technical assistance

1 [4416] 30 1 is authorized and specifying the information, facilities, or technical 2 assistance required. 3 (C) A provider of wire, oral, or electronic communication 4 service, or an officer, employee, or agent thereof, or landlord, 5 custodian, or other person must not disclose the existence of any 6 interception or the device used to accomplish the interception with 7 respect to which the person has been furnished an order under this 8 chapter, except as may otherwise be required by legal process and 9 then only after prior notice to the Attorney General or his Assistant 10 Attorney General. Any such disclosure renders the person liable 11 for the civil damages provided under Section 17-30-135, and the 12 person may be prosecuted. An action shall not be brought against 13 a provider of wire, oral, or electronic communication service, or an 14 officer, employee, or agent thereof, or landlord, custodian, or other 15 person for providing information, facilities, or assistance in 16 accordance with the terms of a court order under this chapter. 17 18 Section 17-30-30. (A) It is lawful under this chapter for an 19 officer, employee, or agent of the Federal Communications 20 Commission, in the normal course of his employment and in 21 discharge of the monitoring responsibilities exercised by the 22 commission in the enforcement of 47 U.S.C. Chapter 5, to 23 intercept a wire, oral, or electronic communication transmitted by 24 radio or to disclose or use the information thereby obtained. 25 (B) It is lawful under this chapter for a person acting under 26 color of law to intercept a wire, oral, or electronic communication, 27 where the person is a party to the communication or one of the 28 parties to the communication has given prior consent to the 29 interception. 30 (C) It is lawful under this chapter for a person not acting under 31 color of law to intercept a wire, oral, or electronic communication 32 where the person is a party to the communication or where one of 33 the parties to the communication has given prior consent to the 34 interception. 35 36 Section 17-30-35. (A) It is lawful under this chapter for a 37 person to: 38 (1) intercept or access an electronic communication made 39 through an electronic communication system that is configured so 40 that the electronic communication is readily accessible to the 41 general public; 42 (2) intercept any radio communication which is transmitted 43 by:

1 [4416] 31 1 (a) any station for the use of the general public, or that 2 relates to ships, aircraft, vehicles, or persons in distress; 3 (b) any governmental, law enforcement, civil defense, 4 private land mobile, or public safety communications system, 5 including any police or fire communications system, readily 6 accessible to the general public; 7 (c) a station operating on an authorized frequency within 8 the bands allocated to the amateur, citizens band, or general mobile 9 radio services; or 10 (d) any marine or aeronautical communications system; 11 (3) engage in conduct which is: 12 (a) prohibited by Section 633 of the Communications Act 13 of 1934; or 14 (b) excepted from the application of Section 705(a) of the 15 Communications Act of 1934 and by Section 705(b) of that act; 16 (4) intercept any wire or electronic communication the 17 transmission of which is causing harmful interference to any 18 lawfully operating station of consumer electronic equipment to the 19 extent necessary to identify the source of the interference; 20 (5) intercept, if the person is another user of the same 21 frequency, any radio communication that is not scrambled or 22 encrypted made through a system that utilizes frequencies 23 monitored by individuals engaged in the provision or the use of the 24 system; 25 (6) intercept a satellite transmission that is not scrambled or 26 encrypted and that is transmitted: 27 (a) to a broadcasting station for purposes of 28 retransmission to the general public; or 29 (b) as an audio subcarrier intended for redistribution to 30 facilities open to the public, but not including data transmissions or 31 telephone calls, when the interception is not for the purposes of 32 direct or indirect commercial advantage or private financial gain; 33 or 34 (7) intercept and privately view a private satellite video 35 communication that is not scrambled or encrypted or to intercept a 36 radio communication that is transmitted on frequencies allocated 37 under Subpart D of Part 74 of the rules of the Federal 38 Communications Commission that is not scrambled or encrypted, 39 if the interception is not for an unlawful purpose or for purposes of 40 direct or indirect commercial advantage or private commercial 41 gain. 42 (B) It is lawful under this chapter for a provider of electronic 43 communication service to record the fact that a wire or electronic

1 [4416] 32 1 communication was initiated or completed in order to protect the 2 provider, another provider furnishing service toward the 3 completion of the wire or electronic communication, or a user of 4 that service, from fraudulent, unlawful, or abusive use of such 5 service. 6 7 Section 17-30-40. (A) Except as provided in subsection (B), a 8 person or entity providing an electronic communication service to 9 the public must not intentionally divulge the contents of any 10 communication while in transmission on that service to any person 11 or entity other than an addressee or intended recipient of the 12 communication or an agent of the addressee or intended recipient. 13 (B) A person or entity providing electronic communication 14 service to the public may divulge the contents of the 15 communication: 16 (1) as otherwise authorized by this chapter; 17 (2) with the lawful consent of the originator or any addressee 18 or intended recipient of the communication; 19 (3) to a person employed or authorized, or whose facilities 20 are used to forward the communication to its destination; or 21 (4) which were inadvertently obtained by the service 22 provider and which appeared to pertain to the commission of a 23 crime, if the divulgence is made to a law enforcement agency. 24 25 Section 17-30-45. It is lawful under this chapter to use a pen 26 register or a trap and trace device as authorized under South 27 Carolina law or under federal law. 28 29 Section 17-30-50. (A) Except as provided in subsection (B), 30 whoever violates the provisions of Sections 17-30-20 through 31 17-30-45, upon conviction, must be imprisoned not more than five 32 years or fined not more than five thousand dollars, or both. 33 (B) If the offense is a first offense under this chapter and is not 34 for any unlawful purpose or for purposes of direct or indirect 35 commercial advantage or private commercial gain, and the wire or 36 electronic communication with respect to which the offense under 37 this chapter was committed is a radio communication that is not 38 scrambled, encrypted, or transmitted using modulation techniques 39 the essential parameters of which have been withheld from the 40 public with the intention of preserving the privacy of the 41 communication, then: 42 (1) if the communication is not the radio portion of a cellular 43 telephone communication, a cordless telephone communication

1 [4416] 33 1 that is transmitted between the cordless telephone handset and the 2 base unit, a public land mobile radio service communication, or a 3 paging service communication, and the conduct is not that 4 described in Section 17-30-35(7), the person committing the 5 offense is guilty of a misdemeanor and, upon conviction, must be 6 imprisoned not more than one year or fined not more than one 7 thousand dollars, or both; 8 (2) if the communication is the radio portion of a cellular 9 telephone communication, a cordless telephone communication 10 that is transmitted between the cordless telephone handset and the 11 base unit, a public land mobile radio service communication, or a 12 paging service communication, the person committing the offense, 13 upon conviction, is guilty of a misdemeanor, and must be fined not 14 more than one thousand dollars for each violation. 15 16 Section 17-30-55. (A) Except as otherwise specifically 17 provided in this chapter, any person is guilty of a felony and, upon 18 conviction, must be fined not more than five thousand dollars or 19 imprisoned not more than five years, or both, who intentionally: 20 (1) sends through the mail or otherwise sends or carries any 21 electronic, mechanical, or other device, knowing or having reason 22 to know that the design of the device renders it primarily useful for 23 the purpose of the unlawful interception of wire, oral, or electronic 24 communications as specifically defined by this chapter; or 25 (2) manufactures, assembles, possesses, or sells any 26 electronic, mechanical, or other device, knowing or having reason 27 to know that the design of the device renders it primarily useful for 28 the purpose of the unlawful interception of wire, oral, or electronic 29 communications as specifically defined by this chapter. 30 (B) It is lawful under this section for the persons listed in items 31 (1) and (2) of this subsection to send through the mail, send, or 32 carry in intrastate, interstate, or foreign commerce or manufacture, 33 assemble, possess, or sell any electronic, mechanical, or other 34 device, knowing or having reason to know that the design of the 35 device renders it primarily useful for the purpose of the 36 surreptitious interception of wire, oral, or electronic 37 communications. 38 The persons to whom this subsection applies are: 39 (1) a provider of wire or electronic communication service 40 or an officer, agent, or employee of, or a person under contract 41 with, such a provider, in the normal course of the business of 42 providing that wire or electronic communication service; or

1 [4416] 34 1 (2) an officer, agent, or employee of, or a person under 2 contract with, bidding upon contracts with, or in the course of 3 doing business with, the United States, a state, or a political 4 subdivision of the state, in the normal course of the activities of the 5 United States, a state, or a political subdivision of the state. 6 7 Section 17-30-60. Any electronic, mechanical, or other device 8 used, sent, carried, manufactured, assembled, possessed, or sold in 9 violation of this chapter may be seized and forfeited to the State. 10 11 Section 17-30-65. (A) Whenever any wire, oral, or electronic 12 communication has been intercepted, no part of the contents of the 13 communication and no evidence derived therefrom may be 14 received in evidence in any trial, hearing, or other proceeding in or 15 before any court, grand jury, department, officer, agency, 16 regulatory body, legislative committee, or other authority of the 17 State, or a political subdivision thereof, if the disclosure of that 18 information would be in violation of this chapter. The prohibition 19 of use as evidence provided in this section does not apply in cases 20 of prosecution for criminal interception in violation of the 21 provisions of this chapter. 22 (B) The contents of any wire, oral, or electronic communication 23 intercepted pursuant to this chapter and the contents of any 24 application for an order and an order of authorization issued 25 pursuant to this chapter are not included in the definition of a 26 public record contained in Section 30-4-20(c), and may only be 27 disclosed in a manner provided by this chapter. 28 29 Section 17-30-70. (A) An application for an order authorizing 30 or approving the interception of wire, oral, or electronic 31 communications must be initiated by the Chief of SLED. After 32 reviewing the application, the Attorney General or his designated 33 Assistant Attorney General may authorize the submission of the 34 application to a judge of competent jurisdiction for, and the judge 35 may grant in conformity with this chapter, an order authorizing or 36 approving the interception of wire, oral, or electronic 37 communications by: 38 (1) the South Carolina Law Enforcement Division for the 39 investigation of the offense as to which the application is made 40 when the interception may provide or has provided evidence of the 41 commission of the offenses of murder (Section 16-3-10); assault 42 and battery with intent to kill (Section 16-3-620); kidnapping 43 (Section 16-3-910); voluntary manslaughter (Section 16-3-50);

1 [4416] 35 1 armed robbery (Section 16-11-330(A)); attempted armed robbery 2 (Section 16-11-330(B)); drug trafficking as defined in Sections 3 44-53-370(e) and 44-53-375(C); arson in the first degree (Section 4 16-11-110(A)); arson in the second degree (Section 16-11-110(B)); 5 accessory before the fact to commit any of the above offenses 6 (Section 16-1-40); or attempt to commit any of the above offenses 7 (Section 16-1-80). This interception may also be authorized when 8 it may provide or has provided evidence of any conspiracy or 9 solicitation to commit any violation of the offenses specified in 10 this subsection; 11 (2) the South Carolina Law Enforcement Division for the 12 investigation of the offense as to which the application is made 13 when the interception may provide or has provided evidence of the 14 commission of any offense related to terrorism or the commission 15 of a terrorist act, any offense related to bombs, destructive devices, 16 bacteriological and biological weapons, and weapons of mass 17 destruction as provided for in Article 7, Chapter 23, Title 16 or 18 evidence of any conspiracy or solicitation to commit any crime 19 specifically enumerated in this subsection; or 20 (3) an individual operating under a contract with the South 21 Carolina Law Enforcement Division for the investigation of an 22 offense listed in subsection (1) or (2). Any interception conducted 23 under this chapter by persons authorized by this subsection must 24 conduct the interception under the direct supervision of an agent or 25 officer of the South Carolina Law Enforcement Division. 26 (B) Any person authorized to intercept wire, oral, or electronic 27 communications pursuant to this section must have completed 28 training provided by SLED pursuant to Section 17-30-145. 29 30 Section 17-30-75. (A) Any SLED agent who, by any means 31 authorized by this chapter, has obtained knowledge of the contents 32 of any wire, oral, or electronic communication or evidence derived 33 from it may disclose the contents to an attorney authorized by law 34 to investigate and institute any action on behalf of the State of 35 South Carolina or political subdivision of the State, or to another 36 SLED agent, investigative, or law enforcement officer to the extent 37 that the disclosure is appropriate to the proper performance of the 38 official duties of the officer or person making or receiving the 39 disclosure. 40 (B) Any SLED agent, investigative, or law enforcement officer 41 who, by any means authorized by this chapter, has obtained 42 knowledge of the contents of any wire, oral, or electronic 43 communication or evidence derived from it may use the contents

1 [4416] 36 1 to the extent the use is appropriate to the proper performance of his 2 official duties. 3 (C) Any person who has received, by any means authorized by 4 this chapter, or by the laws of any other state or the United States, 5 any information concerning a wire, oral, or electronic 6 communication or evidence derived from it, intercepted in 7 accordance with the provisions of this chapter, may disclose the 8 contents of that communication or the derivative evidence while 9 giving testimony under oath or affirmation in any criminal 10 proceeding in any court of the State or of the United States or in 11 any grand jury proceedings. 12 (D) No otherwise privileged wire, oral, or electronic 13 communication intercepted in accordance with or in violation of 14 the provisions of this chapter loses its privileged character. 15 (E) When a SLED agent, while engaged in intercepting wire, 16 oral, or electronic communications in the manner authorized by 17 this chapter, intercepts wire, oral, or electronic communications 18 relating to offenses other than those specified in the order of 19 authorization or approval, the contents thereof and evidence 20 derived from it may be disclosed or used as provided in 21 subsections (A) and (B). The contents and any evidence derived 22 from it may be used under subsection (C) when authorized or 23 approved by a judge of competent jurisdiction when the judge 24 finds on subsequent application that the contents were otherwise 25 intercepted in accordance with the provisions of this chapter. The 26 application must be made as soon as practicable. 27 28 Section 17-30-80. (A) Each application for an order 29 authorizing or approving the interception of a wire, oral, or 30 electronic communication under this chapter must be made in 31 writing upon oath or affirmation to a judge of competent 32 jurisdiction and must state the applicant’s authority to make the 33 application. Each application must include the following 34 information: 35 (1) the identity of the SLED agent making the application 36 and the person authorizing the application; 37 (2) a full and complete statement of the facts and 38 circumstances relied upon by the applicant to justify his belief that 39 an order should be issued, including: 40 (a) details as to the particular offense that has been, is 41 being, or is about to be committed;

1 [4416] 37 1 (b) except as otherwise provided, a particular description 2 of the nature and location of the facilities from which or the place 3 where the communications are to be intercepted; 4 (c) a particular description of the type of communications 5 sought to be intercepted; 6 (d) the identity of the person, if known, committing the 7 offense and whose communications are to be intercepted; 8 (3) a full and complete statement as to whether or not other 9 investigative procedures have been tried and failed or why they 10 reasonably appear to be unlikely to succeed if tried or to be too 11 dangerous; 12 (4) a statement that the communications sought to be 13 intercepted are not otherwise legally privileged; 14 (5) a statement of the period of time for which the 15 interception is required to be maintained and, if the nature of the 16 investigation is such that the authorization for interception should 17 not automatically terminate when the described type of 18 communication has been first obtained, a particular description of 19 facts establishing probable cause to believe that additional 20 communications of the same type will occur thereafter; 21 (6) a full and complete statement of the facts concerning all 22 previous applications known to the individual authorizing and 23 making the application, made to a judge for authorization to 24 intercept, or for approval of interceptions of, wire, oral, or 25 electronic communications involving any of the same persons, 26 facilities, or places specified in the application, and the action 27 taken by the judge on each of the applications; and 28 (7) when the application is for the extension of an order, a 29 statement setting forth the results thus far obtained from the 30 interception or a reasonable explanation of the failure to obtain the 31 results. 32 (B) Allegations of fact in the application may be based either 33 upon the personal knowledge of the applicant or upon information 34 and belief. If the applicant personally knows the facts alleged, this 35 knowledge must be stated in the application. If the facts stated in 36 the application are derived in whole or in part from the statements 37 of persons other than the applicant, the sources of these facts must 38 be either disclosed or described, and the application must contain 39 the facts establishing the existence and reliability of the informants 40 or the reliability of the information supplied by them. The 41 application must also state, so far as possible, the basis of the 42 informant’s knowledge or belief. Affidavits of persons other than 43 the applicant may be submitted in conjunction with the application

1 [4416] 38 1 if they tend to support any fact or conclusion alleged in the 2 application. An accompanying affidavit may be based either on 3 the personal knowledge of the affiant, or information and belief 4 with the source of the information and the reason for belief 5 specified. 6 (C) The judge may require the applicant to furnish additional 7 testimony or documentary evidence in support of the application. 8 Any hearing ordered by the judge regarding the application must 9 be tape recorded. 10 (D) Upon application, the judge may enter an ex parte order, as 11 requested or as modified, authorizing or approving interception of 12 wire, oral, or electronic communications within the territorial 13 jurisdiction of the court in which the judge is sitting, and outside 14 the jurisdiction but within the State of South Carolina in the case 15 of a mobile interception device authorized by the judge within the 16 jurisdiction, if the judge determines on the basis of the facts 17 submitted by the applicant that: 18 (1) there is probable cause for belief that an individual is 19 committing, has committed, or is about to commit an offense as 20 provided in Section 17-30-70; 21 (2) there is probable cause for belief that particular 22 communications concerning that offense will be obtained through 23 the interception; 24 (3) normal investigative procedures have been tried and have 25 failed or reasonably appear to be unlikely to succeed if tried or to 26 be too dangerous; and 27 (4) except as otherwise provided, there is probable cause for 28 belief that the facilities from which, or the place where, the wire, 29 oral, or electronic communications are to be intercepted are being 30 used, or are about to be used, in connection with the commission 31 of the offense, or are leased to, listed in the name of, or commonly 32 used by that person. 33 34 Section 17-30-85. Each order authorizing or approving the 35 interception of any wire, oral, or electronic communication must 36 specify: 37 (1) the identity of the person, if known, whose 38 communications are to be intercepted; 39 (2) the nature and location of the communications facilities 40 as to which, or the place where, authority to intercept is granted; 41 (3) a particular description of the type of communication 42 sought to be intercepted and a statement of the particular offense to 43 which it relates;

1 [4416] 39 1 (4) the identity of the agency authorized to intercept the 2 communications and of the person authorizing the application; and 3 (5) the period of time during which the interception is 4 authorized, including a statement as to whether or not the 5 interception automatically terminates when the described 6 communication has been first obtained. An order authorizing the 7 interception of a wire, oral, or electronic communication, upon the 8 request of the applicant, must direct that a provider of wire or 9 electronic communication service, landlord, custodian, or other 10 person must furnish the applicant at once all information, facilities, 11 and technical assistance necessary to accomplish the interception 12 unobtrusively and with a minimum of interference with the 13 services that the service provider, landlord, custodian, or person is 14 according the person whose communications are to be intercepted. 15 The obligation of a provider of wire, oral, or electronic 16 communication service under such an order may include, but is not 17 limited to, conducting an in-progress trace during an interception, 18 or providing other assistance to support the investigation as may be 19 specified in the order. 20 21 Section 17-30-90. (A) No order entered may authorize or 22 approve the interception of any wire, oral, or electronic 23 communication for any period longer than is necessary to achieve 24 the objective of the authorization or in any event longer than thirty 25 days. The thirty-day period begins on the day on which the South 26 Carolina Law Enforcement Division first begins to conduct an 27 interception under the order or ten days after the order is entered, 28 whichever occurs earlier. Extensions of an order may be granted 29 but only upon application for an extension made in accordance 30 with Section 17-30-80(A) and upon the court making the findings 31 required by Section 17-30-80(C). The period of extension must be 32 no longer than the authorizing judge determines necessary to 33 achieve the purposes for which the extension was granted and in 34 no event for longer than thirty days. Every order and extension of 35 the order must contain a provision that the authorization to 36 intercept must be executed as soon as practicable, must be 37 conducted in such a way as to minimize the interception of 38 communications not otherwise subject to interception under this 39 chapter, and must terminate upon attainment of the authorized 40 objective or in any event in thirty days. If the intercepted 41 communication is in code or foreign language and an expert in that 42 foreign language or code is not reasonably available during the 43 interception period, minimization may be accomplished as soon as

1 [4416] 40 1 practicable after the interception. An interception under this 2 chapter may be conducted by an agent of the South Carolina Law 3 Enforcement Division or by an individual operating under a 4 contract with and under the direct supervision of an agent of the 5 South Carolina Law Enforcement Division. 6 (B) When an order authorizing interception is entered pursuant 7 to this chapter, the order must require reports to be made to the 8 judge who issued the order showing what progress has been made 9 toward achievement of the authorized objective and the need for 10 continued interception. The reports must be made at such intervals 11 as the judge may require. 12 (C) Upon termination of the authorization in the warrant, all 13 interception must cease and as soon as practicable after 14 termination any device installed to accomplish interception must 15 be removed or must be permanently deactivated by any means 16 approved by the issuing judge. 17 18 Section 17-30-95. (A) Notwithstanding any other provision of 19 this chapter, any agent of the South Carolina Law Enforcement 20 Division specifically designated by the Attorney General or his 21 designated Assistant Attorney General may intercept the wire, oral, 22 or electronic communication if an application for an order 23 approving the interception is made within forty-eight hours after 24 the interception begins to occur, and the agent determines that 25 more likely than not: 26 (1) an emergency exists that involves an offense provided 27 for in Section 17-30-70 and an immediate danger of death or 28 serious physical injury to any person or the danger of escape of a 29 prisoner and requires that a wire, oral, or electronic 30 communication be intercepted before an order authorizing the 31 interception can, with due diligence, be obtained; and 32 (2) there are grounds upon which an order could be entered 33 under this chapter to authorize the interception. 34 (B) In the absence of an order, the interception must 35 immediately terminate when the communication sought is obtained 36 or when the application for the order is denied, whichever is 37 earlier. If the application for approval is denied, or in any other 38 case in which the interception is terminated without an order 39 having been issued, the contents of any wire, oral, or electronic 40 communication intercepted must be treated as having been 41 obtained in violation of Section 17-30-20, and an inventory must 42 be served as provided for in Section 17-30-100(E) on the person 43 named in the application.

1 [4416] 41 1 (C) Agents of the South Carolina Law Enforcement Division 2 designated to intercept wire, oral, or electronic communications 3 pursuant to this section must have completed training provided by 4 SLED pursuant to Section 17-30-145. 5 (D) A judge of competent jurisdiction must be notified orally of 6 the intent to begin the interception of any wire, oral, or electronic 7 communication when an emergency exists pursuant to the 8 provisions of this section before any interception is conducted. 9 The judge must make a written record of this notification. 10 11 Section 17-30-100. (A) The contents of any wire, oral, or 12 electronic communication intercepted by any means authorized by 13 this chapter, if possible, must be recorded on tape or wire or other 14 comparable device. The recording of the contents of any wire, oral, 15 or electronic communication under this subsection must be kept in 16 such a way as will protect the recording from editing or other 17 alterations. Immediately upon the expiration of the period of the 18 order, or extensions of the order, the recordings must be made 19 available to the judge issuing the order and sealed under his 20 directions. Custody of the recordings must be wherever the judge 21 orders. They must not be destroyed except upon an order of the 22 issuing or denying judge, or that judge’s successor in office, and in 23 any event must be kept for ten years. Duplicate recordings may be 24 made for use or disclosure as permitted by this chapter. 25 (B) The presence of the seal provided for by this section, or a 26 satisfactory explanation for the absence thereof, must be a 27 prerequisite for the use or disclosure of the contents of any wire, 28 oral, or electronic communication or evidence derived therefrom as 29 required by federal law. 30 (C) Applications made and orders granted under this chapter 31 must be sealed by the judge. Custody of the applications and 32 orders must be wherever the judge directs. As required by federal 33 law, the applications and orders must be disclosed only upon a 34 showing of good cause before a judge of competent jurisdiction 35 and must not be destroyed except on order of the issuing or 36 denying judge, or that judge’s successor in office, and in any event 37 must be kept for ten years. 38 (D) A violation of the provisions of this section may be 39 punished as contempt of the issuing or denying judge. 40 (E) Within a reasonable time but not later than ninety days after 41 the termination of the period of an order or extensions of the order, 42 the issuing or denying judge must cause to be served on the 43 persons named in the order or the application, and those other

1 [4416] 42 1 parties to intercepted communications as the judge may determine 2 in his discretion to be in the interest of justice, an inventory which 3 must include notice of the: 4 (1) fact of the entry of the order or the application; 5 (2) date of the entry and the period of authorized, approved, 6 or disapproved interception, or the denial of the application; and 7 (3) the fact that during the period wire, oral, or electronic 8 communications were or were not intercepted. 9 The judge, upon the filing of a motion, must make available to 10 the person or the person’s counsel for inspection the portions of 11 the intercepted communications, applications, testimony, 12 recordings, and orders that would otherwise be discoverable under 13 the South Carolina Rules of Evidence, unless otherwise provided 14 by federal law or Rules of Court. On an ex parte showing of good 15 cause to a judge of competent jurisdiction, the serving of the 16 inventory required by this paragraph may be postponed. 17 18 Section 17-30-105. As required by federal law, the contents of 19 any intercepted wire, oral, or electronic communication or 20 evidence derived therefrom must not be received in evidence or 21 otherwise disclosed in any trial, hearing, or other proceeding 22 unless each party, not less than ten days before the hearing or 23 proceeding and not less than thirty days prior to trial, has been 24 furnished with a copy of the court order and accompanying 25 application under which the interception was authorized or 26 approved. These time periods may be waived by the judge if the 27 judge finds that it was not possible to furnish the party with the 28 above information within the specified time periods before the 29 trial, hearing, or proceeding and that the party will not be 30 prejudiced by the delay in receiving the information. In 31 determining prejudice, the judge must specifically consider the 32 complexity of the case, the duration of the recordings, and the 33 party’s need to retain experts to review the material and must also 34 take these factors into consideration when deciding a motion for 35 continuance made by a party furnished with these materials after 36 the time periods set out above. Upon filing of a motion by an 37 aggrieved person, the judge must make available to the aggrieved 38 person or his counsel for inspection the portions of the intercepted 39 communication or evidence derived therefrom that would be 40 otherwise discoverable under South Carolina law. 41 42 Section 17-30-110. (A) Prior to any trial, hearing, or proceeding 43 in or before any court, department, officer, agency, regulatory

1 [4416] 43 1 body, or other authority, any aggrieved person may move to 2 suppress the contents of any intercepted wire, oral, or electronic 3 communication, or evidence derived therefrom, on the grounds 4 that the: 5 (1) communication was unlawfully intercepted; 6 (2) order of authorization or approval under which it was 7 intercepted is insufficient on its face; or 8 (3) interception was not made in conformity with the order of 9 authorization or approval. 10 The motion must be made before the trial, hearing, or 11 proceeding unless there was no opportunity to make the motion or 12 the person was not aware of the grounds of the motion. The 13 motion must be made before the reviewing authority and must be 14 decided on an expedited basis. Upon receiving the motion, the 15 reviewing authority must notify the issuing judge who must 16 transfer copies of the contents of all recordings, applications, 17 orders, and other documents relating to the issuance of the order of 18 authorization. Disclosure of the contents of these materials must 19 only be to the extent necessary to effectively render a decision or 20 to the extent authorized by this chapter. The issuing judge also 21 must designate the portions of these materials that were made 22 available to the aggrieved person. After reviewing the materials, 23 the reviewing authority must first determine whether all materials 24 otherwise discoverable under South Carolina law were made 25 available to the aggrieved person. If a majority of the members of 26 the reviewing authority determines that not all of the necessary 27 materials were made available, the reviewing authority may order 28 that those additional portions be made available and allow the 29 aggrieved person appropriate time to review the materials. The 30 aggrieved person may then amend his motion to include any 31 additional grounds derived from the additional materials. If a 32 majority of the members of the reviewing authority determine that 33 all necessary materials were made available, the reviewing 34 authority must decide whether the order of authorization was 35 issued and the communications were intercepted in conformity 36 with the requirements of this chapter. If the reviewing authority 37 does not unanimously determine that the order of authorization 38 was issued and the communications were intercepted in conformity 39 with the requirements of this chapter, the contents of the 40 intercepted wire or oral communication or evidence derived 41 therefrom must be treated as having been obtained in violation of 42 this chapter. Unless otherwise provided by federal law or Rules of 43 Court, all South Carolina Rules of Evidence apply. The reviewing

1 [4416] 44 1 authority may, in its discretion, conduct a hearing and require 2 additional testimony or documentary evidence. All proceedings 3 requiring the use of the contents of any intercepted communication 4 that are the subject of the motion to suppress pursuant to this 5 section are automatically stayed pending the determination of the 6 motion to suppress. 7 (B) The State has the right to appeal an order granting a motion 8 to suppress made under subsection (A). The judges of the South 9 Carolina Court of Appeals en banc have initial appellate 10 jurisdiction over the appeal. All other appellate procedures remain 11 in force and effect. 12 (C) The State has the right to appeal the denial of the 13 application of an order of authorization or approval. The appeal 14 must be directed to the reviewing authority and must be conducted 15 in a manner consistent with subsection (A). In addition to the 16 requirements of subsection (A), the reviewing authority must 17 unanimously determine that the issuing judge abused his discretion 18 in denying an application for an order of approval before the 19 decision of the issuing judge may be overturned. Upon a 20 determination of an abuse of discretion, the reviewing authority 21 must order that the application of authorization or approval be 22 granted and an order of authorization or approval be issued. The 23 State has no further right to appeal the decision of the reviewing 24 authority. For purposes of the aggrieved person, an order granted 25 pursuant to this subsection is considered interlocutory. The appeal 26 must be taken within thirty days after the date the order was 27 entered and must be diligently prosecuted. 28 (D) The remedies and sanctions described in this chapter with 29 respect to the interception of electronic communications are the 30 only judicial remedies and sanctions for violations of those 31 sections involving the communications. 32 33 Section 17-30-115. The requirements relating to the 34 specification of the facilities from which, or the place where, the 35 communication is to be intercepted do not apply if: 36 (1) in the case of an application with respect to the interception 37 of an oral communication the: 38 (a) application is initiated by the Chief of the South Carolina 39 Law Enforcement Division (SLED) and is approved by the 40 Attorney General or his designated Assistant Attorney General. 41 (b) application contains a full and complete statement as to 42 why the specification is not practical and identifies the person

1 [4416] 45 1 committing the offense and whose communications are to be 2 intercepted; and 3 (c) judge finds that the specification is not practical; and 4 (2) in the case of an application with respect to a wire or 5 electronic communication the: 6 (a) application is initiated by the Chief of SLED and is 7 approved by the Attorney General or his designated Assistant 8 Attorney General; 9 (b) application identifies the person believed to be 10 committing the offense and whose communications are to be 11 intercepted and the applicant makes a showing that there is 12 probable cause to believe that the person’s actions could have the 13 effect of thwarting interception from a specified facility; 14 (c) judge finds that such showing has been adequately made; 15 and 16 (d) order authorizing or approving the interception is limited 17 to interception only for such time as it is reasonable to presume 18 that the person identified in the application is or was reasonably 19 proximate to the instrument through which the communication will 20 be or was transmitted. 21 22 Section 17-30-120. If an interception of a communication is to 23 be carried out pursuant to Section 17-30-115, the interception may 24 not begin until the facilities from which, or the place where, the 25 communication is to be intercepted is ascertained by the person 26 implementing the interception order. A provider of wire or 27 electronic communications service that has received an order as 28 provided under Section 17-30-115 may petition the court to 29 modify or quash the order on the ground that the interception 30 cannot be performed in a timely or reasonable fashion. The court, 31 upon notice to the State, must decide such a petition expeditiously. 32 33 Section 17-30-125. (A) The supervising agent of the South 34 Carolina Law Enforcement Division or the supervising law 35 enforcement officer of a political subdivision of this State at the 36 scene of an incident where there is reasonable cause to believe: 37 (1) involves immediate danger of death or serious physical 38 injury to any person or the danger of escape of a prisoner; 39 (2) that a person is holding one or more hostages; 40 (3) that there is the probability that a subject about to be 41 arrested will resist with the use of weapons; or 42 (4) that a person has barricaded himself and is armed and is 43 threatening suicide;

1 [4416] 46 1 may order law enforcement or telephone company personnel to 2 cut, reroute, or divert telephone lines solely for the purpose of 3 preventing telephone communications between the suspect and any 4 person other than a law enforcement officer or the law 5 enforcement officer’s designee, if the cutting, rerouting, or 6 diverting of telephone lines is technically feasible and can be 7 performed without endangering the lives of telephone company or 8 other utility personnel. 9 (B) The good faith reliance by a telephone company on an oral 10 or written order to cut, reroute, divert, or intercept telephone lines 11 given by a supervising law enforcement officer under subsection 12 (A) constitutes a complete defense to any civil, criminal, or 13 administrative action arising out of the order. 14 15 Section 17-30-130. Any intercepted wire, oral, or electronic 16 communication must be reported to the Administrative Office of 17 the United States Courts as outlined in 18 U.S.C. Section 2519. 18 19 Section 17-30-135. (A) Any person whose wire, oral, or 20 electronic communication is intercepted, disclosed, or used in 21 violation of this chapter has a civil cause of action against any 22 person or entity who intercepts, discloses, or uses, or procures any 23 other person or entity to intercept, disclose, or use the 24 communications and is entitled to recover from the person or entity 25 which engaged in that violation relief as may be appropriate, 26 including: 27 (1) preliminary or equitable or declaratory relief as may be 28 appropriate; 29 (2) actual damages, but not less than liquidated damages 30 computed at the rate of five hundred dollars a day for each day of 31 violation or twenty-five thousand dollars, whichever is greater, not 32 to exceed the limits on liability provided in subsection (F)(3); 33 (3) punitive damages, except as may be prohibited in 34 subsection (F)(4); and 35 (4) a reasonable attorney’s fee and other litigation costs 36 reasonably incurred. 37 (B) A good faith reliance on a court order, subpoena, or a 38 request of an agent of the South Carolina Law Enforcement 39 Division under Section 17-30-95 constitutes a complete defense to 40 any civil, criminal, or administrative action, other than an action 41 for preliminary or equitable or declaratory relief. 42 (C) A civil action under this section may not be commenced 43 later than five years after the date upon which the claimant first has

1 [4416] 47 1 a reasonable opportunity to discover the violation, except as 2 provided in subsection (F)(2). 3 (D) Any person whose wire, oral, or electronic communication 4 is intercepted, disclosed, or used in violation of this chapter is 5 entitled to a jury trial. 6 (E) An investigative or law enforcement officer or 7 governmental entity who wilfully discloses or wilfully uses 8 information beyond the extent permitted by law is in violation of 9 this chapter and subject to a civil cause of action and criminal 10 penalties as provided in this chapter. 11 (F)(1) Any civil cause of action for damages authorized in 12 subsection (A) and brought against the State, an agency, a political 13 subdivision, or a governmental entity and its employee acting 14 within the scope of his official duty must be brought pursuant to 15 the South Carolina Tort Claims Act, Chapter 78, Title 15. For 16 purposes of the Tort Claims Act, an action authorized in 17 subsection (A) and brought against the State, an agency, a political 18 subdivision, or a governmental entity and its employee acting 19 within the scope of his official duty is a tort within the meaning of 20 the Act. 21 (2) In any action authorized in subsection (A) and brought 22 against the State, an agency, a political subdivision, or a 23 governmental entity and its employee acting within the scope of 24 his official duty, the provisions in the Tort Claims Act regarding 25 the statute of limitations provided in Section 15-78-110 shall apply 26 in lieu of subsection (C) of this section; 27 (3) In any action authorized in subsection (A) and brought 28 against the State, an agency, a political subdivision, or a 29 governmental entity and its employee acting within the scope of 30 his official duty, the provisions in the Tort Claims Act regarding 31 the limits on liability for damages as provided in Section 15-78- 32 120(a) shall apply to all awards of damages under item (2) of 33 subsection (A) of this section; and 34 (4) In any action authorized in subsection (A) and brought 35 against the State, an agency, a political subdivision, or a 36 governmental entity and its employee acting within the scope of 37 his official duty, the provisions in the Tort Claims Act prohibiting 38 the award of punitive damages as provided in Section 15-78- 39 120(B) shall apply in lieu of item (3) of subsection (A) of this 40 section. 41 (5) For purposes of this subsection, the terms ‘State,’ 42 ‘agency,’ ‘political subdivision,’ ‘governmental entity,’

1 [4416] 48 1 ‘employee,’ and ‘scope of his official duty’ have the same 2 meanings as provided in the Tort Claims Act. 3 4 Section 17-30-140. (A) The Attorney General or any solicitor 5 may make application to a judge of competent jurisdiction for an 6 order authorizing or approving the installation and use of a mobile 7 tracking device by the South Carolina Law Enforcement Division 8 or any law enforcement entity of a political subdivision of this 9 State. 10 (B) An application under subsection (A) of this section must 11 include: 12 (1) a statement of the identity of the applicant; 13 (2) a certification by the applicant that probable cause exists 14 to believe that the information likely to be obtained is relevant to 15 an ongoing criminal investigation being conducted by the South 16 Carolina Law Enforcement Division or any law enforcement entity 17 of a political subdivision of this State which may provide evidence 18 relating to any offense or any evidence of any conspiracy or 19 solicitation to commit any violation of the laws of this State; 20 (3) a statement of the offense to which the information likely 21 to be obtained relates; and 22 (4) a statement whether it may be necessary to use and 23 monitor the mobile tracking device outside the jurisdiction of the 24 court from which the authorization is being sought. 25 (C) Upon application made as provided under subsection (B), 26 the court, upon a finding that the certification and statements 27 required by subsection (B) have been made in the application and 28 probable cause exists, must enter an ex parte order authorizing the 29 installation and use of a mobile tracking device. The order may 30 authorize the use of the device within the jurisdiction of the court 31 and outside that jurisdiction but within the State of South Carolina 32 if the device is installed within the jurisdiction of the court. 33 (D) A court may require greater specificity or additional 34 information beyond that which is required by this section as a 35 requisite for issuing an order. 36 (E) The standards established by the United States Supreme 37 Court for the installation and monitoring of mobile tracking 38 devices apply to the installation and use of any device as 39 authorized by this section. 40 (F) As used in this section, a ‘tracking device’ means an 41 electronic or mechanical device which permits the tracking of the 42 movement of a person or object. 43

1 [4416] 49 1 Section 17-30-145. Any SLED agent or an individual 2 operating under a contract with the South Carolina Law 3 Enforcement Division authorized under the provisions of this 4 chapter to intercept wire, oral, or electronic communications must 5 undergo training by SLED in conducting such surveillance with 6 emphasis on techniques for minimizing the interception of 7 communications that fall outside of the communications subject to 8 interception pursuant to the provisions of this chapter.” 9 10 SECTION 15. Section 25-1-420 of the 1976 Code is amended to 11 read: 12 “Section 25-1-420. There is established within the office of the 13 Adjutant General the South Carolina Preparedness Division 14 (Division) (division). 15 The Division division shall must be administered by a director 16 appointed by the Adjutant General, to serve at his pleasure, and 17 such additional staff as may be employed or appointed by the 18 Adjutant General. 19 The Division division shall be is responsible for the 20 implementation of the following: 21 (a) Coordinating coordinating the efforts of all state, county, 22 and municipal agencies and departments in developing a State 23 Emergency Plan.; 24 (b) Conducting conducting a statewide preparedness program 25 to assure the capability of state, county, and municipal 26 governments to execute the State Emergency Plan.; 27 (c) Establishing establishing and maintaining a State 28 Emergency Operations Center and providing support of the state 29 emergency staff and work force.; 30 (d) Establishing establishing an effective system for reporting, 31 analyzing, displaying, and disseminating emergency information.; 32 and 33 (e) establishing a statewide Urban Search and Recovery Team 34 for response to emergency situations, to the extent that funding is 35 provided by the General Assembly.” 36 37 SECTION 16. Section 25-1-440 off the 1976 Code is amended 38 to read: 39 40 “Section 25-1-440. (a) The Governor, when an emergency has 41 been declared, as the elected Chief Executive of the State, shall be 42 is responsible for the safety, security and welfare of the State and

1 [4416] 50 1 shall be is empowered with the following additional authority to 2 adequately discharge this responsibility: 3 (1) Issue issue emergency proclamations and regulations and 4 amend or rescind them. Such These proclamations and regulations 5 shall have the force and effect of law as long as the emergency 6 exists.; 7 (2) Declare declare a state of emergency for all or part of the 8 State if he finds a disaster or a public health emergency, as defined 9 in Section 44 - 4 - 130, has occurred, or that the threat thereof is 10 imminent, and extraordinary measures are deemed considered 11 necessary to cope with the existing or anticipated situation. A 12 declared state of emergency shall not continue for a period of more 13 than fifteen days without the consent of the General Assembly.; 14 (3) Suspend suspend provisions of existing regulations 15 prescribing procedures for conduct of state business if strict 16 compliance with the provisions thereof would in any way prevent, 17 hinder, or delay necessary action in coping with the emergency.; 18 (4) Utilize utilize all available resources of state government 19 as reasonably necessary to cope with the emergency.; 20 (5) Transfer transfer the direction, personnel, or functions of 21 state departments, agencies and commissions, or units thereof, for 22 purposes of facilitating or performing emergency services as 23 necessary or desirable.; 24 (6) Compel compel performance by elected and appointed 25 state, county, and municipal officials and employees of the 26 emergency duties and functions assigned them in the State 27 Emergency Plan or by Executive Order.; 28 (7) Direct direct and compel evacuation of all or part of the 29 populace from any stricken or threatened area if this action is 30 deemed considered necessary for the preservation of life or other 31 emergency mitigation, response, or recovery; to prescribe routes, 32 modes of transportation and destination in connection with 33 evacuation; and to control ingress and egress at an emergency area, 34 the movement of persons within the area, and the occupancy of 35 premises therein.; 36 (8) Within within the limits of any applicable constitutional 37 requirements and when a major disaster or emergency has been 38 declared by the President to exist in this State: 39 (i) Request request and accept a grant by the federal 40 government to fund financial assistance to individuals and families 41 adversely affected by a major disaster, subject to terms and 42 conditions as may be imposed upon the grant but only upon his 43 determination that the financial assistance is essential to meet

1 [4416] 51 1 disaster-related expenses or serious needs that may not be 2 otherwise met otherwise from other means of assistance.; 3 (ii) Enter enter into an agreement with the federal 4 government, through an officer or agency thereof, pledging the 5 State to participate in the funding of the financial assistance 6 authorized in subitem (i) of this item, under a ratio not to exceed 7 twenty-five percent of the assistance.; 8 (iii) Make make financial grants to meet disaster related 9 necessary expenses or serious needs of individuals or families 10 adversely affected by a major disaster which may not otherwise be 11 adequately met from other means of assistance. No individual or 12 family may receive grants aggregating more than ten thousand 13 dollars with respect to any single major disaster subject to the 14 limitations contained in subitem (ii) of this item. The ten thousand 15 dollar limit must annually be adjusted to reflect changes in the 16 Consumer Price Index for All Urban Consumers published by the 17 Bureau of Labor Statistics of the United States Department of 18 Labor.; and 19 (iv) Promulgate promulgate necessary regulations for 20 carrying out the purposes of this item. 21 (b) The Governor shall be is responsible for the development 22 and coordination of a system of Comprehensive Emergency 23 Management which shall must include provisions for mitigation, 24 preparedness, response, and recovery in anticipated and actual 25 emergency situations. 26 (c)(1) Any person who fraudulently or wilfully makes a 27 misstatement of fact in connection with an application for financial 28 assistance made available pursuant to item (8) of subsubsection (a) 29 of this subsection, upon conviction of each offense, must be fined 30 not more than five thousand dollars or imprisoned for not more 31 than one year, or both. 32 (2) Any person who knowingly violates any regulation 33 promulgated pursuant to item (8) of subsection (a) of this 34 subsection is subject to a civil penalty of not more than two 35 thousand dollars for each violation. 36 (3) A grant recipient who misapplies financial assistance 37 made available by item (8) of subsubsection (a) of this subsection 38 is subject to a civil penalty in an amount equal to one hundred fifty 39 percent of the original grant amount. 40 (d)(1) The Governor must appoint the Public Health 41 Emergency Plan Committee, consisting of representatives of all 42 state agencies relevant to public health emergency preparedness, 43 and, in addition, a licensed physician from the private sector

1 [4416] 52 1 specializing in infectious diseases, a hospital infection control 2 practitioner, a medical examiner, a coroner from an urban county 3 or the coroner’s designee, a member of the judiciary, and other 4 members as may be considered appropriate. 5 (2) Prior to the declaration of a public health emergency, the 6 Governor must consult with the Public Health Planning 7 Committee, and may consult with any public health agency and 8 other experts as necessary. Nothing herein shall be construed to 9 limit the Governor’s authority to act without such consultation 10 when the situation calls for prompt and timely action. 11 (e) The state of public health emergency must be declared by 12 an executive order that indicates the nature of the public health 13 emergency, the areas that are or may be threatened, and the 14 conditions that have brought about the public health emergency. 15 In addition to the powers and duties provided in this article and in 16 Article 7, Chapter 3, Title 1, the declaration of a state of public 17 health emergency authorizes implementation of the provisions of 18 Chapter 4, Title 44, the Emergency Health Powers Act. The 19 declaration authorizes the deployment and use of any resources 20 and personnel, including, but not limited to, local officers and 21 employees qualified as first responders, to which the plans apply 22 and the use or distribution of any supplies, equipment, and 23 materials and facilities assembled, stockpiled, or arranged to be 24 made available pursuant to this act.” 25 26 SECTION 17. Section 30-4-20(c) is amended by adding a new 27 sentence at the end of the subitem to read: 28 29 “Information relating to security plans and devices proposed, 30 adopted, installed, or utilized by a public body, other than amounts 31 expended for adoption, implementation, or installation of these 32 plans and devices, is required to be closed to the public and is not 33 considered to be made open to the public under the provisions of 34 this act.” 35 36 SECTION 18. Section 30-4-40(a)(3) of the 1976 Code is 37 amended to read: 38 39 “(3) Records of law enforcement and public safety agencies 40 not otherwise available by state and federal law that were compiled 41 in the process of detecting and investigating crime if the disclosure 42 of the information would harm the agency by:

1 [4416] 53 1 (A) Disclosing disclosing identity of informants not 2 otherwise known; 3 (B) The the premature release of information to be used in 4 a prospective law enforcement action; 5 (C) Disclosing disclosing investigatory techniques not 6 otherwise known outside the government; 7 (D) By by endangering the life, health, or property of any 8 person; or 9 (E) disclosing any contents of intercepted wire, oral, or 10 electronic communications not otherwise disclosed during a trial.” 11 SECTION 19. Section 30-4-40(a) of the 1976 Code is amended 12 by adding an appropriately numbered item to read: 13 14 “( ) Structural bridge plans or designs unless: (a) the release is 15 necessary for procurement purposes; or (b) the plans or designs are 16 the subject of a negligence action, an action set forth in Section 15- 17 3-530, or an action brought pursuant to Chapter 78 of Title 15, and 18 the request is made pursuant to a judicial order.” 19 20 SECTION 20. Section 33-56-120 of the 1976 Code, as last 21 amended by Act 336 of 2000, is further amended by adding: 22 23 “(G) A person shall not knowingly or wilfully use a 24 misleading practice or device to solicit the contribution or sale of 25 goods or services for a charitable purpose in connection with a 26 declared state of emergency or disaster as described in Section 27 39-5-147. Penalties provided in this chapter are cumulative of and 28 in addition to those provided in Section 39-5-147.” 29 30 SECTION 21. Article 1, Chapter 5, Title 39 of the 1976 Code is 31 amended by adding: 32 33 “Section 39-5-145. (A) As used in this section: 34 (1) ‘Commodity’ means goods, services, materials, 35 merchandise, supplies, equipment, resources, or other articles of 36 commerce, and includes, without limitation, food, water, ice, 37 chemicals, petroleum products, and lumber essential for 38 consumption or use as a direct result of a declared state of 39 emergency. 40 (2)(a) ‘Unconscionable price’ means an amount charged, 41 which: 42 (i) represents a gross disparity between the price of the 43 commodity or rental or lease of a dwelling unit, including a motel

1 [4416] 54 1 or hotel unit or other temporary lodging, or self-storage facility 2 that is the subject of the offer or transaction and the average price 3 at which that commodity or dwelling unit, including a motel or 4 hotel unit or other temporary lodging, or self-storage facility was 5 rented, leased, sold, or offered for rent or sale in the usual course 6 of business during the thirty days immediately before a declaration 7 of a state of emergency, and the increase in the amount charged is 8 not attributable to additional costs incurred in connection with the 9 rental or sale of the commodity or rental or lease of the dwelling 10 unit, including a motel or hotel unit or other temporary lodging, or 11 self-storage facility, or regional, national, or international market 12 trends; or 13 (ii) grossly exceeds the average price at which the same 14 or similar commodity, dwelling unit, including a motel or hotel 15 unit or other temporary lodging, or self-storage facility was readily 16 obtainable in the trade area during the thirty days immediately 17 before a declaration of a state of emergency, and the increase in the 18 amount charged is not attributable to additional costs incurred in 19 connection with the rental or sale of the commodity or rental or 20 lease of the dwelling unit, including a motel or hotel unit or other 21 temporary lodging, or self-storage facility, or regional, national, or 22 international market trends. 23 (b) It is prima facie evidence that a price is 24 unconscionable if it meets the definition of item (i) or (ii). 25 (B)(1) Upon a declaration of a state of emergency by the 26 Governor, it is unlawful and a violation of this article for a person 27 or his agent or employee to: 28 (a) rent or sell or offer to rent or sell a commodity at an 29 unconscionable price within the area for which the state of 30 emergency is declared; or 31 (b) impose unconscionable prices for the rental or lease of 32 a dwelling unit, including a motel or hotel unit or other temporary 33 lodging, or self-storage facility within the area for which the state 34 of emergency is declared. 35 (2) This prohibition remains in effect until the declaration 36 expires or is terminated. 37 (C)(1) Upon a declaration of a state of disaster by the President, 38 in which the disaster area includes all or a portion of the State of 39 South Carolina, it is unlawful and a violation of this article for a 40 person or his agent or employee in this State to: 41 (a) rent or sell or offer to rent or sell a commodity at an 42 unconscionable price within the area for which the state of disaster 43 is declared; or

1 [4416] 55 1 (b) impose unconscionable prices for the rental or lease of 2 a dwelling unit, including a motel or hotel unit or other temporary 3 lodging, or self-storage facility within the area for which the state 4 of disaster is declared. 5 (2) This prohibition remains in effect until the declaration 6 expires or is terminated. 7 (D) A price increase approved by an appropriate government 8 agency is not a violation of this section. 9 (E) This section does not apply to sales by growers, producers, 10 or processors of raw or processed food products, except for retail 11 sales of those products to the ultimate consumer within the area of 12 the declared state of emergency or disaster. 13 (F) This section does not preempt the powers of local 14 government, except that the evidentiary standards contained in this 15 section are the sole evidentiary standards to be adopted by 16 ordinance of a local government to restrict price gouging during a 17 declared state of emergency or disaster. In the event a local 18 government declares a state of emergency or disaster in which the 19 disaster area includes all or a portion of the area under the local 20 government’s jurisdiction, and restricts price gouging during that 21 emergency or disaster, the governmental entity must notify the 22 Governor’s Office of such declaration. The Governor’s Office 23 must notify registered agents simultaneously at the time of the 24 declaration and also at the termination of the state of emergency. 25 (G) In addition to all other remedies provided in this article, a 26 person who wilfully and knowingly violates this section is guilty 27 of a misdemeanor and, upon conviction, must be punished by a 28 fine of not more than one thousand dollars or imprisoned not more 29 than thirty days. 30 (H) Any person who is charged with committing an action in 31 violation of this section may present evidence relating to, but not 32 limited to, his knowledge or intent when committing such action in 33 order to rebut any presumption or evidence of violation of this 34 section. 35 36 Section 39-5-147. (A) Upon a declaration of a state of 37 emergency by the Governor, it is unlawful and a violation of this 38 article for a person or his agent or employee to solicit the 39 contribution or sale of goods or services for charitable purposes by 40 any manner, means, practice, or device that is knowingly and 41 wilfully misleading. 42 (B) Upon a declaration of a state of disaster by the President, in 43 which the disaster areas includes all or a portion of the State of

1 [4416] 56 1 South Carolina, it is unlawful and a violation of this article for a 2 person or his agent or employee to solicit in this State the 3 contribution or sale of goods or services for charitable purposes by 4 any manner, means, practice, or device that is knowingly and 5 wilfully misleading. 6 (C) These prohibitions remain in effect until the declaration of 7 emergency or disaster expires or is terminated. 8 (D) In addition to all other remedies provided in this article, a 9 person who wilfully violates this section is guilty of a 10 misdemeanor and, upon conviction, must be fined not more than 11 one thousand dollars or imprisoned not more than thirty days. 12 13 Section 39-5-149. A trade association, corporation, or 14 partnership may register an agent for the purposes of being notified 15 when the Governor declares and terminates a state of emergency. 16 A trade association may designate up to three persons to be 17 notified on behalf of the organization’s members. The trade 18 association, corporation, or partnership is responsible for 19 maintaining current information for the designated agent or agents. 20 The Governor’s Office is responsible for notifying the registered 21 agents simultaneous to the declaration and termination of the state 22 of emergency.” 23 24 SECTION 22. Section 44-1-80 of the 1976 Code is amended to 25 read: 26 27 “Section 44-1-80. (A) The Board of Health and Environmental 28 Control or its designated agents shall must investigate the reported 29 causes of communicable or epidemic disease and shall must 30 enforce or prescribe such these preventive measures as may be 31 needed to suppress or prevent the spread of such these diseases by 32 proper quarantine or other measures of prevention, as may be 33 necessary to protect the citizens of the State. The Board of Health 34 and Environmental Control or its designated agents shall declare, 35 when the facts justify it, any place to be as infected and, in case of 36 hydrophobia or other diseases transmitted from animals to man, 37 shall must declare such animal or animals quarantined, and shall 38 must place all such restrictions upon ingress and egress of persons 39 or animals therefrom as may be, in its judgment, necessary to 40 prevent the spread of disease from the infected locality. 41 (B)(1) Whenever the board learns of a case of a reportable 42 illness or health condition, an unusual cluster, or a suspicious event 43 that it reasonably believes has the potential to cause a public health

1 [4416] 57 1 emergency, as defined in Section 44 - 4 - 130, it is authorized to 2 notify the appropriate public safety authority, tribal authorities, and 3 federal health and public safety authorities. 4 (2) The sharing of information on reportable illnesses, health 5 conditions, unusual clusters, or suspicious events between 6 authorized personnel must be restricted to information necessary 7 for the treatment, control, investigation, and prevention of a public 8 health emergency. Restriction of access to this information to 9 those authorized personnel for the protection of public health 10 ensures compliance with all state and federal health information 11 privacy laws. 12 (3) The board and its agents must have full access to medical 13 records and non - medical records when necessary to investigate the 14 causes, character, and means of preventing the spread of a 15 qualifying health event or public health emergency. For purposes 16 of this item, ‘non - medical records’ mean records of entities, 17 including businesses, health facilities, and pharmacies, which are 18 needed to adequately identify and locate persons believed to have 19 been potentially exposed or known to have been infected with a 20 contagious disease. 21 (4) An order of the board given to effectuate the purposes of 22 this subsection is enforceable immediately by the public safety 23 authority. 24 (5) For purposes of this subsection, the terms qualifying 25 health event, public health emergency, and public safety authority 26 have the same meanings as provided in Section 44 - 4 - 130.” 27 28 SECTION 23. Section 44-1-100 of the 1976 Code is amended to 29 read: 30 31 “Section 44-1-100. All sheriffs and constables in the several 32 counties of this State and police officers and health officers of 33 cities and towns shall must aid and assist the Director of the 34 Department of Health and Environmental Control and shall must 35 carry out and obey his orders, or those of the Department of Health 36 and Environmental Control, to enforce and carry out any and all 37 restrictive measures and quarantine regulations that may be 38 prescribed. During a state of public health emergency, as defined 39 in Section 44 - 4 - 130, the director may request assistance in 40 enforcing orders issued pursuant to this chapter and pursuant to 41 Chapter 4, Title 44, from the public safety authority, as defined in 42 Section 44 - 4 - 130, other state law enforcement authorities, and 43 local law enforcement. The public safety authority may request

1 [4416] 58 1 assistance from the South Carolina National Guard in enforcing 2 orders made pursuant to this chapter or pursuant to Chapter 4, Title 3 44.” 4 SECTION 24. Title 44 of the 1976 Code is amended by adding: 5 6 “Article 1 7 8 General Provisions 9 10 Section 44-4-100. This act may be cited as the ‘Emergency 11 Health Powers Act.’ 12 13 Section 44-4-110. The General Assembly finds that: 14 (1) the government must do more to protect the health, safety, 15 and general well being of our citizens; 16 (2) new and emerging dangers, including emergent and 17 resurgent infectious diseases and incidents of civilian mass 18 casualties, pose serious and immediate threats; 19 (3) a renewed focus on the prevention, detection, management, 20 and containment of public health emergencies is called for; 21 (4) emergency health threats, including those caused by 22 chemical terrorism, radiological terrorism, bioterrorism, and 23 epidemics, require the exercise of extraordinary government 24 functions. Chemical terrorism and bioterrorism pose especial 25 threats to the food supply of the State; 26 (5) this State must have the ability to respond, rapidly and 27 effectively, to potential or actual public health emergencies; 28 (6) the exercise of emergency health powers must promote the 29 common good; 30 (7) emergency health powers must be grounded in a thorough 31 scientific understanding of public health threats and disease 32 transmission; 33 (8) guided by principles of justice, it is the duty of this State to 34 act with fairness and tolerance toward individuals and groups; 35 (9) the rights of people to liberty, bodily integrity, and privacy 36 must be respected to the fullest extent possible consistent with the 37 overriding importance of the public’s health and security; and 38 (10) this act is necessary to protect the health and safety of the 39 citizens of this State. 40 41 Section 44-4-120. The purposes of this act are: 42 (1) to authorize the collection of data and records, the control 43 of property, the management of persons, and access to

1 [4416] 59 1 communications as may be strictly necessary to accomplish the 2 purposes of this act; 3 (2) to facilitate the early detection of a qualifying health event 4 or public health emergency, and allow for immediate investigation 5 of such an emergency by granting access to individuals’ health 6 information under specified circumstances; 7 (3) to grant state officials the authority to use and appropriate 8 property as necessary for the care, treatment, and housing of 9 patients, and for the destruction or decontamination of 10 contaminated materials; 11 (4) to grant state officials the authority to provide care and 12 treatment to persons who are ill or who have been exposed to 13 infection, and to separate affected individuals from the population 14 at large for the purpose of interrupting the transmission of 15 infectious disease; 16 (5) to ensure that the needs of infected or exposed persons will 17 be addressed to the fullest extent possible, given the primary goal 18 of controlling serious health threats; 19 (6) to provide state officials with the ability to prevent, detect, 20 manage, and contain emergency health threats without unduly 21 interfering with civil rights and liberties; and 22 (7) to require the development of a comprehensive plan to 23 provide for a coordinated, appropriate response in the event of a 24 public health emergency. 25 26 Section 44-4-130. As used in the chapter: 27 (A) ‘Biological agent’ means a microorganism, virus, infectious 28 substance, naturally occurring or bioengineered product, or other 29 biological material that could cause death, disease, or other harm 30 to a human, animal, a plant, or another living organism. 31 (B) ‘Bioterrorism’ means the intentional use or threatened use 32 of a biological agent to harm or endanger members of the public. 33 (C) ‘Chemical agent’ means a poisonous chemical agent that 34 has the capacity to cause death, disease, or other harm to a human, 35 an animal, a plant, or another living organism. 36 (D) ‘Chemical terrorism’ means the intentional use or 37 threatened use of a chemical agent to harm or endanger members 38 of the public. 39 (E) ‘Chain of custody’ means the methodology of tracking 40 specimens for the purpose of maintaining control and 41 accountability from initial collection to final disposition of the 42 specimens and providing for accountability at each stage of

1 [4416] 60 1 collecting, handling, testing, storing, and transporting the 2 specimens and reporting test results. 3 (F) ‘Commissioner’ means the Commissioner of the 4 Department of Health and Environmental Control. 5 (G) ‘Contagious disease’ is an infectious disease that can be 6 transmitted from person to person, animal to person, or insect to 7 person. 8 (H) ‘Coroners, medical examiners, and funeral directors’ have 9 the same meanings as provided in Sections 17-5-5 and 40-19-10, 10 respectively. 11 (I) ‘DHEC’ means the Department of Health and 12 Environmental Control or any person authorized to act on behalf of 13 the Department of Health and Environmental Control. 14 (J) ‘Facility’ means any real property, building, structure, or 15 other improvement to real property or any motor vehicle, rolling 16 stock, aircraft, watercraft, or other means of transportation. 17 (K) ‘Health care facility’ means any non-federal institution, 18 building, or agency or portion thereof, whether public or private 19 (for-profit or nonprofit) that is used, operated, or designed to 20 provide health services, medical treatment, or nursing, 21 rehabilitative, or preventive care to any person or persons. This 22 includes, but is not limited to, ambulatory surgical facilities, health 23 maintenance organizations, home health agencies, hospices, 24 hospitals, infirmaries, intermediate care facilities, kidney treatment 25 centers, long-term care facilities, medical assistance facilities, 26 mental health centers, outpatient facilities, public health centers, 27 rehabilitation facilities, residential treatment facilities, skilled 28 nursing facilities, and adult day-care centers. The term also 29 includes, but is not limited to, the following related property when 30 used for or in connection with the foregoing: laboratories, 31 research facilities, pharmacies, laundry facilities, health personnel 32 training and lodging facilities, and patient, guest, and health 33 personnel food service facilities, and offices and office buildings 34 for persons engaged in health care professions or services. 35 (L) ‘Health care provider’ means any person or entity who 36 provides health care services including, but not limited to, 37 hospitals, medical clinics and offices, special care facilities, 38 medical laboratories, physicians, pharmacists, dentists, physician 39 assistants, nurse practitioners, registered and other nurses, 40 paramedics, firefighters who provide emergency medical care, 41 emergency medical or laboratory technicians, and ambulance and 42 emergency medical workers. This includes out-of-state medical 43 laboratories, provided that such laboratories have agreed to the

1 [4416] 61 1 reporting requirements of South Carolina. Results must be 2 reported by the laboratory that performs the test, but an in-state 3 laboratory that sends specimens to an out-of-state laboratory is 4 also responsible for reporting results. 5 (M) ‘Infectious disease’ is a disease caused by a living 6 organism or virus. An infectious disease may, or may not, be 7 transmissible from person to person, animal to person, or insect to 8 person. 9 (N) ‘Isolation’ and ‘quarantine’ mean the compulsory physical 10 separation (including the restriction of movement or confinement) 11 of individuals and/or groups believed to have been exposed to or 12 known to have been infected with a contagious disease from 13 individuals who are believed not to have been exposed or infected, 14 in order to prevent or limit the transmission of the disease to 15 others; if the context so requires, ‘quarantine’ means compulsory 16 physical separation, including restriction of movement, of 17 populations or groups of healthy people who have been potentially 18 exposed to a contagious disease, or to efforts to segregate these 19 persons within specified geographic areas. ‘Isolation’ means the 20 separation and confinement of individuals known or suspected (via 21 signs, symptoms, or laboratory criteria) to be infected with a 22 contagious disease to prevent them from transmitting disease to 23 others. 24 (O) ‘Protected health information’ means any information, 25 whether oral, written, electronic, visual, pictorial, physical, or any 26 other form, that relates to an individual’s past, present, or future 27 physical or mental health status, condition, treatment, service, 28 products purchased, or provision of care, and that reveals the 29 identity of the individual whose health care is the subject of the 30 information, or where there is a reasonable basis to believe such 31 information could be utilized (either alone or with other 32 information that is, or reasonably should be known to be, available 33 to predictable recipients of such information) to reveal the identity 34 of that individual. 35 (P) ‘Public health emergency’ means the occurrence or 36 imminent risk of a qualifying health condition. 37 (Q) ‘Public safety authority’ means the Department of Public 38 Safety, the State Law Enforcement Division, or designated persons 39 authorized to act on behalf of the Department of Public Safety, the 40 State Law Enforcement Division, including, but not limited to, 41 local governmental agencies that act principally to protect or 42 preserve the public safety, or full time commissioned law 43 enforcement persons.

1 [4416] 62 1 (R) ‘Qualifying health condition’ means an illness or health 2 condition that may be caused by terrorism, epidemic or pandemic 3 disease, or a novel infectious agent or biological or chemical agent 4 and that poses a substantial risk of a significant number of human 5 fatalities, widespread illness, or serious economic impact to the 6 agricultural sector, including food supply. 7 (S) ‘Radioactive material’ means a radioactive substance that 8 has the capacity to cause bodily injury or death to a human, an 9 animal, a plant, or another living organism. 10 (T) ‘Radiological terrorism’ means the intentional use or 11 threatened use of a radioactive material to harm or endanger 12 members of the public. 13 (U) ‘Specimens’ include, but are not limited to, blood, sputum, 14 urine, stool, other bodily fluids, wastes, tissues, and cultures 15 necessary to perform required tests, and environmental samples or 16 other samples needed to diagnose potential chemical, biological, or 17 radiological contamination. 18 (V) ‘Tests’ include, but are not limited to, any diagnostic or 19 investigative analyses necessary to prevent the spread of disease or 20 protect the public’s health, safety, and welfare. 21 (W) ‘Trial court’ is the circuit court for the county in which the 22 isolation or quarantine is to occur or to the circuit court for county 23 in which a public health emergency has been declared. 24 25 Article 3 26 27 Special Powers During State Of Public Health Emergency: 28 29 Control of Property 30 31 Section 44-4-300. After the declaration of a state of public 32 health emergency, DHEC may exercise, in coordination with state 33 agencies, local governments, and other organizations responsible 34 for implementation of the emergency support functions in the State 35 Emergency Operations Plan for handling dangerous facilities and 36 materials, for such period as the state of public health emergency 37 exists, the following powers over dangerous facilities or materials: 38 (1) to close, direct and compel the evacuation of, or to 39 decontaminate or cause to be decontaminated, any facility of 40 which there is reasonable cause to believe that it may endanger the 41 public health; and

1 [4416] 63 1 (2) to decontaminate or cause to be decontaminated, any 2 material of which there is reasonable cause to believe that it may 3 endanger the public health. 4 5 Section 44-4-310. DHEC, in coordination with the guidelines 6 of the State Emergency Operations Plan, may, for such period as 7 the state of public health emergency exists and as may be 8 reasonable and necessary for emergency response, require a health 9 care facility to provide services or the use of its facility if the 10 services are reasonable and necessary to respond to the public 11 health emergency as a condition of licensure, authorization, or the 12 ability to continue doing business in the State as a health care 13 facility. When DHEC needs the use or services of the facility to 14 isolate or quarantine individuals during a public health emergency, 15 the management and supervision of the health care facility must be 16 coordinated with DHEC to ensure protection of existing patients 17 and compliance with the terms of this act. 18 19 Section 44-4-320. (A) DHEC must coordinate with coroners, 20 medical examiners, and funeral directors, for such period as the 21 state of public health emergency exists, to exercise, in addition to 22 existing powers, the following powers regarding the safe disposal 23 of human remains: 24 (1) to take possession or control of any human remains 25 which cannot be safely handled otherwise; 26 (2) to order the disposal of human remains of a person who 27 has died of an infectious disease through burial or cremation 28 within twenty-four hours after death; 29 (3) to require any business or facility authorized to embalm, 30 bury, cremate, inter, disinter, transport, and dispose of human 31 remains under the laws of this State to accept any human remains 32 or provide the use of its business or facility if these actions are 33 reasonable and necessary for emergency response. When 34 necessary during the period of time of the public health 35 emergency, DHEC must coordinate with the business or facility on 36 the management or supervision of the business or facility; and 37 (4) to procure, by order or otherwise, any business or facility 38 authorized to embalm, bury, cremate, inter, disinter, transport, and 39 dispose of human remains under the laws of this State as may be 40 reasonable and necessary for emergency response, with the right to 41 take immediate possession thereof. 42 (B) Where possible, existing provisions set forth in the State 43 Operations Plan for the safe disposal of human remains must be

1 [4416] 64 1 used in a public health emergency. Where the State Operations 2 Plan is not sufficient to handle the safe disposal of human remains 3 for a public health emergency, DHEC, in coordination with 4 coroners, medical examiners and funeral directors, must adopt and 5 enforce measures to provide for the safe disposal of human 6 remains as may be reasonable and necessary for emergency 7 response. These measures may include, but are not limited to, the 8 embalming, burial, cremation, interment, disinterment, 9 transportation, and disposal of human remains. 10 (C) All human remains prior to disposal must be clearly labeled 11 with all available information to identify the decedent and the 12 circumstances of death. Any human remains of a deceased person 13 with an infectious disease must have an external, clearly visible tag 14 indicating that the human remains are infected and, if known, the 15 infectious disease. 16 (D) Every person in charge of disposing of any human remains 17 must maintain a written record of each set of human remains and 18 all available information to identify the decedent and the 19 circumstances of death and disposal. If the human remains cannot 20 be identified, prior to disposal, a qualified person must, to the 21 extent possible, take fingerprints and one or more photographs of 22 the human remains, and collect a DNA specimen. All information 23 gathered under this paragraph must be promptly forwarded to the 24 DHEC. Identification must be handled by the agencies that have 25 laboratories suitable for DNA identification. 26 27 Section 44-4-330. (A) After the declaration of a public health 28 emergency, DHEC may purchase and distribute antitoxins, serums, 29 vaccines, immunizing agents, antibiotics, and other pharmaceutical 30 agents or medical supplies that it considers advisable in the interest 31 of preparing for or controlling a public health emergency, without 32 any additional legislative authorization. 33 (B)(1) If a state of public health emergency results in a 34 state-wide or regional shortage or threatened shortage of any 35 product covered by subsection (a), whether or not such product has 36 been purchased by DHEC, DHEC may control, restrict, and 37 regulate by rationing and using quotas, prohibitions on shipments, 38 price fixing, allocation or other means, the use, sale, dispensing, 39 distribution, or transportation of the relevant product necessary to 40 protect the health, safety, and welfare of the people of the State. In 41 making rationing or other supply and distribution decisions, DHEC 42 must give preference to health care providers, disaster response 43 personnel, and mortuary staff.

1 [4416] 65 1 (2) During a state of public health emergency, the DHEC 2 may procure, store, or distribute any antitoxins, serums, vaccines, 3 immunizing agents, antibiotics, and other pharmaceutical agents or 4 medical supplies located within the State as may be reasonable and 5 necessary for emergency response, with the right to take 6 immediate possession thereof. 7 (3) If a public health emergency simultaneously affects more 8 than one state, nothing in this section shall be construed to allow 9 DHEC to obtain antitoxins, serums, vaccines, immunizing agents, 10 antibiotics, and other pharmaceutical agents or medical supplies 11 for the primary purpose of hoarding such items or preventing their 12 fair and equitable distribution among affected states. 13 14 Section 44-4-340. To the extent practicable and consistent with 15 the protection of public health, prior to the destruction of any 16 property under this article, DHEC in coordination with the 17 applicable law enforcement agency must institute appropriate civil 18 proceedings against the property to be destroyed in accordance 19 with the existing laws and rules of the courts of this State or any 20 such rules that may be developed by the courts for use during a 21 state of public health emergency. Any property acquired by 22 DHEC through such proceedings must, after entry of the decree, be 23 disposed of by destruction as the court may direct. 24 25 Article 5 26 27 Special Powers During State Of Public Health Emergency: 28 29 Control of Persons 30 31 Section 44-4-500. During a state of public health emergency, 32 DHEC must use every available means to prevent the transmission 33 of infectious disease and to ensure that all cases of infectious 34 disease are subject to proper control and treatment. 35 36 Section 44-4-510. (A)(1) During a state of public health 37 emergency, DHEC may perform voluntary physical examinations 38 or tests as necessary for the diagnosis or treatment of individuals. 39 (2) DHEC may isolate or quarantine, pursuant to the sections 40 of this act and its existing powers under Section 44-1-140, any 41 person whose refusal of physical examination or testing results in 42 uncertainty regarding whether he or she has been exposed to or is

1 [4416] 66 1 infected with a contagious or possibly contagious disease or 2 otherwise poses a danger to public health. 3 (B)(1) Physical examinations or tests may be performed by any 4 qualified person authorized to do so by DHEC. 5 (2) Physical examinations or tests must not be reasonably 6 likely to result in serious harm to the affected individual. 7 Section 44-4-520. (A) During a state of public health 8 emergency, DHEC may exercise the following emergency powers, 9 in addition to its existing powers, over persons as necessary to 10 address the public health emergency: 11 (1) to vaccinate persons as protection against infectious 12 disease and to prevent the spread of contagious or possibly 13 contagious disease; 14 (2) to treat persons exposed to or infected with disease; and 15 (3) to prevent the spread of contagious or possibly 16 contagious disease, DHEC may isolate or quarantine, pursuant to 17 the applicable sections of this act, persons who are unable or 18 unwilling for any reason (including, but not limiting to health, 19 religion, or conscience) to undergo vaccination or treatment 20 pursuant to this section. 21 (B) Vaccinations or treatment, or both, must be provided only 22 to those individuals who agree to the vaccinations or treatment, or 23 both. 24 (C)(1) Vaccination may be performed by any qualified person 25 authorized by DHEC. 26 (2) To be administered pursuant to this section, a vaccine 27 must not be such as is reasonably likely to lead to serious harm to 28 the affected individual. 29 (D)(1) Treatment must be administered by any qualified person 30 authorized to do so by DHEC. 31 (2) Treatment must not be such as is reasonably likely to 32 lead to serious harm to the affected individual. 33 34 Section 44-4-530. (A) During a public health emergency, 35 DHEC may isolate or quarantine an individual or groups of 36 individuals. This includes individuals or groups who have not 37 been vaccinated, treated, tested, or examined pursuant to Sections 38 44-4-510 and 44-4-520. DHEC may also establish and maintain 39 places of isolation and quarantine, and set rules and make orders. 40 (B) DHEC must adhere to the following conditions and 41 principles when isolating or quarantining individuals or groups of 42 individuals:

1 [4416] 67 1 (1) isolation and quarantine must be by the least restrictive 2 means necessary to prevent the spread of a contagious or possibly 3 contagious disease to others and may include, but are not limited 4 to, confinement to private homes or other private and public 5 premises; 6 (2) individuals isolated because of objective evidence of 7 infection or contagious disease must be confined separately from 8 quarantined asymptomatic individuals; 9 (3) the health status of isolated and quarantined individuals 10 must be monitored regularly to determine if they require isolation 11 or quarantine; 12 (4) if a quarantined individual becomes infected or is 13 reasonably believed to be infected with a contagious or possibly 14 contagious disease, he or she must be promptly removed to 15 isolation; 16 (5) isolated and quarantined individuals must be 17 immediately released when they pose no substantial risk of 18 transmitting a contagious or possibly contagious disease to others; 19 (6) the needs of persons isolated and quarantined must be 20 addressed in a systematic and competent fashion, including, but 21 not limited to, providing adequate food, clothing, shelter, means of 22 communication with those in isolation or quarantine and outside 23 these settings, medication, and competent medical care; 24 (7) premises used for isolation and quarantine must be 25 maintained in a safe and hygienic manner and be designed to 26 minimize the likelihood of further transmission of infection or 27 other harms to persons isolated or quarantined; and 28 (8) to the extent possible, cultural and religious beliefs must 29 be considered in addressing the needs of the individuals and 30 establishing and maintaining isolation and quarantine premises. 31 (C) Persons subject to isolation or quarantine must comply with 32 DHEC’s rules and orders; and must not go beyond the isolation or 33 quarantine premises. Failure to comply with these provisions 34 constitutes a misdemeanor. 35 (D)(1) DHEC may authorize physicians, health care workers, or 36 others access to individuals in isolation or quarantine as necessary 37 to meet the needs of isolated or quarantined individuals. 38 (2) No person, other than a person authorized by DHEC, 39 shall enter isolation or quarantine premises. Failure to comply 40 with this provision constitutes a misdemeanor. 41 (3) Any person entering an isolation or quarantine premises 42 with or without authorization of DHEC may be isolated or 43 quarantined as provided for in this act.

1 [4416] 68 1 2 Section 44-4-540. (A) During a public health emergency, the 3 isolation and quarantine of an individual or groups of individuals 4 must be undertaken in accordance with the procedures provided in 5 this section. 6 (B)(1) DHEC may temporarily isolate or quarantine an 7 individual or groups of individuals through an emergency order 8 signed by the commissioner or his designee, if delay in imposing 9 the isolation or quarantine would significantly jeopardize DHEC’s 10 ability to prevent or limit the transmission of a contagious or 11 possibly contagious disease to others. 12 (2) The emergency order must specify the following: (i) the 13 identity of the individual or groups of individuals subject to 14 isolation or quarantine; (ii) the premises subject to isolation or 15 quarantine; (iii) the date and time at which isolation or quarantine 16 commences; (iv) the suspected contagious disease, if known; and 17 (v) a copy of Article VI of this Act and relevant definitions of this 18 act. 19 (3) A copy of the emergency order must be given to the 20 individual(s) or groups of individuals to be isolated or quarantined, 21 or if impractical to be given to a group of individuals, it may be 22 posted in a conspicuous place in the isolation or quarantine 23 premises. 24 (4) Within ten days after issuing the emergency order, 25 DHEC must file a petition pursuant to subsection (C) of this 26 section for a court order authorizing the continued isolation or 27 quarantine of the isolated or quarantined individual or groups of 28 individuals. 29 (C)(1) DHEC may make a written petition to the trial court for 30 an order authorizing the isolation or quarantine of an individual or 31 groups of individuals. 32 (2) A petition under subsection (C)(1) must specify the 33 following: (i) the identity of the individual or groups of 34 individuals subject to isolation or quarantine; (ii) the premises 35 subject to isolation or quarantine; (iii) the date and time at which 36 isolation or quarantine commences; (iv) the suspected contagious 37 disease, if known; and (v) a statement of compliance with the 38 conditions and principles for isolation or quarantine of Section 39 44-4-630(B); and (vi) a statement of the basis upon which isolation 40 or quarantine is justified in compliance with this article. The 41 petition must be accompanied by a sworn affidavit of DHEC 42 attesting to the facts asserted in the petition, together with any

1 [4416] 69 1 further information that may be relevant and material to the court’s 2 consideration. 3 (3) Notice to individuals or groups of individuals identified 4 in the petition must be accomplished within twenty-four hours in 5 accordance with the South Carolina Rules of Civil Procedure. If 6 notice by mail or fax is not possible, notice must be made by 7 personal service. 8 (4) A hearing must be held on any petition filed pursuant to 9 this subsection within five days of filing of the petition. In 10 extraordinary circumstances and for good cause shown, DHEC 11 may apply to continue the hearing date on a petition filed pursuant 12 to this section for up to ten days, which continuance the court may 13 grant in its discretion giving due regard to the rights of the affected 14 individuals, the protection of the public’s health, the severity of the 15 emergency, and the availability of necessary witnesses and 16 evidence. 17 (5)(a) The court must grant the petition if, by a 18 preponderance of the evidence, isolation or quarantine is shown to 19 be reasonably necessary to prevent or limit the transmission of a 20 contagious or possibly contagious disease. 21 (b) An order authorizing isolation or quarantine may do so 22 for a period not to exceed thirty days. 23 (c) The order must (i) identify the isolated or quarantined 24 individuals or groups of individuals by name or shared or similar 25 characteristics or circumstances; (ii) specify factual findings 26 warranting isolation or quarantine pursuant to this act; (iii) include 27 any conditions necessary to ensure that isolation or quarantine is 28 carried out within the stated purposes and restrictions of this act; 29 and (iv) served on affected individuals or groups of individuals in 30 accordance with the South Carolina Rules of Civil Procedure. If 31 notice by mail or fax is not possible, notice must be made by 32 personal service. 33 (d) Prior to the expiration of an order issued pursuant to 34 this item, DHEC may move to continue the isolation or quarantine 35 for additional periods not to exceed thirty days each. The court 36 must consider the motion in accordance with standards set forth in 37 this item. 38 (D)(1) An individual or group of individuals isolated or 39 quarantined pursuant to this act may apply to the trial court for an 40 order to show cause why the individual or group of individuals 41 should not be released. The court must rule on the application to 42 show cause within forty-eight hours of its filing. If the court 43 grants the application, the court must schedule a hearing on the

1 [4416] 70 1 order to show cause within twenty-four hours from issuance of the 2 order to show cause. The issuance of the order to show cause does 3 not stay or enjoin the isolation or quarantine order. 4 (2)(a) An individual or group of individuals isolated or 5 quarantined pursuant to this act may request a hearing in the trial 6 court for remedies regarding breaches to the conditions of isolation 7 or quarantine. A request for a hearing does not stay or enjoin the 8 isolation or quarantine order. 9 (b) Upon receipt of a request under this subsection 10 alleging extraordinary circumstances justifying the immediate 11 granting of relief, the court must fix a date for hearing on the 12 matters alleged not more than twenty-four hours from receipt of 13 the request. 14 (c) Otherwise, upon receipt of a request under this 15 subsection, the court must fix a date for hearing on the matters 16 alleged within five days from receipt of the request. 17 (3) In any proceedings brought for relief under this 18 subsection, in extraordinary circumstances and for good cause 19 shown, DHEC may move the court to extend the time for a 20 hearing, which extension the court in its discretion may grant 21 giving due regard to the rights of the affected individuals, the 22 protection of the public’s health, the severity of the emergency, 23 and the availability of the necessary witnesses and evidence. 24 (E) A record of the proceedings pursuant to this section must 25 be made and retained. In the event that, given a state of public 26 health emergency, parties cannot personally appear before the 27 court, proceedings may be conducted by their authorized 28 representatives and be held via any means that allows all parties to 29 fully participate. 30 (F) The court must appoint counsel to represent individuals or 31 groups of individuals who are or who are about to be isolated or 32 quarantined pursuant to the provisions of this act and who are not 33 otherwise represented by counsel. Payment for these appointments 34 must be made in accordance with other appointments for legal 35 representation in actions arising outside of matters in this act, and 36 is not the responsibility of any one state agency. Appointments 37 last throughout the duration of the isolation or quarantine of the 38 individual or groups of individuals. DHEC must provide adequate 39 means of communication between such individuals or groups of 40 individuals and their counsel. Where necessary, additional counsel 41 for DHEC from other state agencies or from private attorneys 42 appointed to represent state agencies, must be appointed to provide

1 [4416] 71 1 adequate representation for the agency and to allow timely 2 hearings of the petitions and motions specified in this section. 3 (H) In any proceedings brought pursuant to this section, to 4 promote the fair and efficient operation of justice and having given 5 due regard to the rights of the affected individuals, the protection 6 of the public’s health, the severity of the emergency, and the 7 availability of necessary witnesses and evidence, the court may 8 order the consolidation of individual claims into groups of claims 9 where: 10 (1) the number of individuals involved or to be affected is so 11 large as to render individual participation impractical; 12 (2) there are questions of law or fact common to the 13 individual claims or rights to be determined; 14 (3) the group claims or rights to be determined are typical of 15 the affected individuals’ claims or rights; and 16 (4) the entire group will be adequately represented in the 17 consolidation. 18 19 Section 44-4-550. (A)(1) DHEC may, for such period as the 20 state of public health emergency exists, collect or cause to be 21 collected specimens and perform tests on any person or animal, 22 living or deceased, and acquire any previously collected specimens 23 or test results that are reasonable and necessary to respond to the 24 public health emergency. 25 (2) Specimens shall be collected only from those individuals 26 who agree to have specimens collected or who agree to have tests 27 performed. 28 (3) All specimens must be clearly marked. 29 (4) Specimen collection, handling, storage, and transport to 30 the testing site must be performed in a manner that will reasonably 31 preclude specimen contamination or adulteration and provide for 32 the safe collection, storage, handling, and transport of the 33 specimen. 34 (5) Any person authorized to collect specimens or perform 35 tests must use chain of custody procedures to ensure proper record 36 keeping, handling, labeling, and identification of specimens to be 37 tested. This requirement applies to all specimens, including 38 specimens collected using on-site testing kits. 39 (B) Any business, facility, or agency authorized to collect 40 specimens or perform tests must provide such support as is 41 reasonable and necessary to aid in a relevant criminal 42 investigation. 43

1 [4416] 72 1 Section 44-4-560. (A) Access to protected health information 2 of persons who have participated in medical testing, treatment, 3 vaccination, isolation, or quarantine programs or efforts by DHEC 4 during a public health emergency is limited to those persons 5 having a legitimate need to: 6 (1) provide treatment to the individual who is the subject of 7 the health information; 8 (2) conduct epidemiological research; or 9 (3) investigate the causes of transmission. 10 (B) Protected health information held by DHEC must not be 11 disclosed to others without individual specific informed 12 authorization except for disclosures made: 13 (1) directly to the individual; 14 (2) to the individual’s immediate family members or life 15 partners; 16 (3) to appropriate state or federal agencies or authorities 17 when necessary to protect public health; 18 (4) to health care personnel where needed to protect the 19 health or life of the individual who is the subject of the 20 information; 21 (5) pursuant to a court order or executive order of the 22 Governor to avert a clear danger to an individual or the public 23 health; or 24 (6) to coroners, medical examiners, or funeral directors or 25 others dealing with human remains to identify a deceased 26 individual or determine the manner or cause of death. 27 28 Section 44-4-570. (A) The appropriate licensing authority, in 29 coordination with DHEC and the Department of Labor, Licensing 30 and Regulation, may exercise, for such period as the state of public 31 health emergency exists, in addition to existing emergency powers, 32 the following emergency powers regarding licensing of health 33 personnel: 34 (1) to require in-state health care providers to assist in the 35 performance of vaccination, treatment, examination, or testing of 36 any individual as a condition of licensure, authorization, or the 37 ability to continue to function as a health care provider in this 38 State; 39 (2) to appoint and prescribe the duties of such out-of-state 40 emergency health care providers as may be reasonable and 41 necessary for emergency response; and 42 (3) to authorize the medical examiner or coroner to appoint 43 and prescribe the duties of such emergency assistant medical

1 [4416] 73 1 examiners or coroners as may be required for the proper 2 performance of the duties of the office. 3 (B)(1) The appointment of out-of-state emergency health care 4 providers pursuant to this section may be for a limited or unlimited 5 time, but must not exceed the termination of the state of public 6 health emergency. The appropriate licensing authority may 7 terminate the out-of-state appointments at any time or for any 8 reason provided that any termination will not jeopardize the health, 9 safety, and welfare of the people of this State. 10 (2) The appropriate licensing authority may waive any or all 11 licensing requirements, permits, or fees required by law and 12 applicable orders, rules, or regulations for health care providers 13 from other jurisdictions to practice in this State. 14 (3) Any out-of-state emergency health care provider 15 appointed pursuant to this section shall not be held liable for any 16 civil damages as a result of medical care or treatment related to the 17 emergency response unless the damages result from providing, or 18 failing to provide, medical care or treatment under circumstances 19 demonstrating a reckless disregard for the consequences so as to 20 affect the life or health of the patient. 21 (C)(1) The appointment of emergency assistant medical 22 examiners or coroners pursuant to this section may be for a limited 23 or unlimited time, but must not exceed the termination of the state 24 of public health emergency. The medical examiner or coroner may 25 terminate the emergency appointments at any time or for any 26 reason, provided that any such termination will not impede the 27 performance of the duties of the office. 28 (2) The medical examiner or coroner may waive any or all 29 licensing requirements, permits, or fees required by law and 30 applicable orders, rules, or regulations for the performance of these 31 duties. 32 (D) Any person appointed pursuant to this section who in good 33 faith performs the assigned duties is not liable for any civil 34 damages for any personal injury as the result of any act or 35 omission, except acts or omissions amounting to gross negligence 36 or wilful or wanton misconduct.” 37 38 SECTION 25. Section 44-29-10 of the 1976 Code is amended to 39 read: 40 41 “Section 44-29-10. (A) In all cases of known or suspected 42 contagious or infectious diseases occurring within this State the 43 attending physician shall must report such these disease to the

1 [4416] 74 1 county health department within twenty-four hours, stating the 2 name and address of the patient and the nature of the disease. The 3 county health department shall must report to the Department of 4 Health and Environmental Control all such cases of infectious and 5 contagious diseases as have been reported during the preceding 6 month, such these reports to be made upon blanks furnished by the 7 Department of Health and Environmental Control. The 8 Department of Health and Environmental Control shall must 9 designate the diseases it considers contagious and infectious. The 10 Department of Health and Environmental Control may also 11 designate other diseases for mandatory reporting by physicians. 12 Any physician who fails to comply with the provisions of this 13 section shall be is guilty of a misdemeanor and, upon conviction, 14 shall must be fined not more than one hundred dollars or be 15 imprisoned for a period not exceeding thirty days. 16 (B) A health care provider, coroner, medical examiner, or any 17 person or entity that maintains a database containing healthcare 18 data must report all cases of persons who harbor any illness or 19 health condition that may be caused by chemical terrorism, 20 bioterrorism, radiological terrorism, epidemic or pandemic disease, 21 or novel and highly fatal infectious agents and might pose a 22 substantial risk of a significant number of human fatalities or 23 incidents of permanent or long - term disability. The Department of 24 Health and Environmental Control must designate reportable 25 illnesses and health conditions as set forth in subsection (A). 26 (C) A pharmacist must report any unusual or increased 27 prescription rates, unusual types of prescriptions, or unusual trends 28 in pharmacy visits that may be caused by chemical terrorism, 29 bioterrorism, radiological terrorism, epidemic or pandemic disease, 30 or novel and highly fatal infectious agents and might pose a 31 substantial risk of a significant number of human fatalities or 32 incidents of permanent or long - term disability. 33 Prescription - related events that require a report include, but are not 34 limited to: 35 (1) an unusual increase in the number of prescriptions to 36 treat fever, respiratory, or gastrointestinal complaints; 37 (2) an unusual increase in the number of prescriptions for 38 antibiotics; 39 (3) an unusual increase in the number of requests for 40 information on over - the - counter pharmaceuticals to treat fever, 41 respiratory, or gastrointestinal complaints; and 42 (4) any prescription that treats a disease that is relatively 43 uncommon and has bioterrorism potential.

1 [4416] 75 1 (D) The reports of conditions must be made in the form and 2 manner as prescribed by DHEC in regulations concerning 3 infectious diseases. The reports must be made to the Bureau of 4 Disease Control in the manner required in the regulations. When 5 available, clinical information supporting the diagnoses, including 6 results of specific diagnostic tests, must be included. 7 (E) For purposes of this section, the terms chemical terrorism, 8 bioterrorism, and radiological terrorism have the same meanings as 9 provided in Section 44 - 4 - 130.” 10 11 SECTION 26. Section 44-93-40 of the 1976 Code is amended to 12 read: 13 14 “Section 44-93-40. (A) To carry out the provisions and 15 purposes of this chapter, the department may establish and collect 16 registration and permit fees in connection with the provisions of 17 this chapter; conduct inspections, investigations, obtain samples, 18 and conduct research with respect to the operation and 19 maintenance of a site or facility in which infectious waste is 20 generated or managed; and issue, deny, revoke, suspend, or modify 21 registration, permits, or orders under such conditions as it may 22 prescribe for the operation of infectious waste treatment facilities 23 or sites. No permit or registration may be revoked without first 24 providing an opportunity for a hearing as provided pursuant to 25 Article 3, Chapter 23 of Title 1, the Administrative Procedures 26 Act. 27 (B) After the declaration of a public health emergency, as 28 defined in Section 44 - 4 - 130, the department may exercise, for such 29 period as the state of public health emergency exists, the following 30 powers, in addition to any existing powers it has, for the safe 31 disposal of infectious waste: 32 (1) to adopt and enforce measures to provide for the safe 33 disposal of infectious waste as may be reasonable and necessary 34 for emergency response. These measures may include, but are not 35 limited to, the collection, storage, handling, destruction, treatment, 36 transportation, and disposal of infectious waste; 37 (2) to require any business or facility authorized to collect, 38 store, handle, destroy, treat, transport, and dispose of infectious 39 waste under the laws of this State, and any landfill business or 40 other such property, to accept infectious waste or provide services 41 or the use of the business, facility, or emergency. When necessary 42 during the state of the public health emergency, the business or

1 [4416] 76 1 facility must coordinate with the department on the management or 2 supervision of the business or facility; and 3 (3) to procure, by order or otherwise, any business or facility 4 authorized to collect, store, handle, destroy, treat, transport, and 5 dispose of infectious waste under the laws of this State and any 6 landfill business or other such property as may be reasonable and 7 necessary for emergency response, with the right to take 8 immediate possession thereof.” 9 10 SECTION 27. Chapter 7, Title 46 of the 1976 Code is amended 11 by adding: 12 13 “Section 46-7-100. Every veterinarian, livestock owner, 14 veterinary diagnostic laboratory director, or other person having 15 the care of animals must report animals having or suspected of 16 having any disease that may be caused by chemical terrorism, 17 bioterrorism, radiological terrorism, epidemic or pandemic disease, 18 or novel and highly fatal infectious agents and might pose a 19 substantial risk of a significant number of human or animal 20 fatalities or incidents of permanent or long-term disability. The 21 report must be made by telephone, in writing, or by compatible 22 electronic format within twenty-four hours to the State 23 Veterinarian and must include as much of the following 24 information as is available: the geographical location of the animal 25 or the exposure, the name and address of any known owner, and 26 the name and address of the reporting individual. The State 27 Veterinarian must report to the Department of Health and 28 Environmental Control any incidents which affect public health, or 29 which create a public health emergency, as defined in Section 30 44-4-130. For purposes of this section, the terms chemical 31 terrorism, bioterrorism, and radiological terrorism have the same 32 meanings as provided in Section 44-4-130.” 33 34 SECTION 28. Chapter 9, Title 46 of the 1976 Code is amended 35 by adding: 36 37 “Section 46-9-120. Every farmer, agriculturalist, county 38 extension agent, agricultural products processor, crop advisor, or 39 other person working in agriculture, or person having 40 responsibility for agricultural production or processing must report 41 agricultural products having or suspected of having any disease or 42 infection from any crop pest whatsoever that may be caused by 43 chemical terrorism, bioterrorism, radiological terrorism, epidemic

1 [4416] 77 1 or pandemic disease, or novel and highly infectious agents and 2 which might cause serious agricultural threat to the State. The 3 report must be made by telephone, in writing, or by compatible 4 electronic format within twenty-four hours to the Director, 5 Regulatory and Public Service Programs, Clemson University, and 6 must include as much of the following information as is available: 7 the geographic location of the agricultural product and/or its 8 origin; the name and address of any known owner, the name and 9 address of any known shipper; the name and address of the owner 10 of the point of origin; and the name and address of the reporting 11 individual. The director must report to the Department of Health 12 and Environmental Control any incidents which affect public 13 health, or which create a public health emergency, as defined in 14 Section 44-4-130. For purposes of this section, the terms chemical 15 terrorism, bioterrorism, and radiological terrorism have the same 16 meanings as provided in Section 44-4-130.” 17 18 SECTION 29. Section 30-4-40 of the 1976 Code is amended by 19 adding: 20 21 “(c) Information identified in accordance with the provisions of 22 Section 30-4-45 is exempt from disclosure except as provided 23 therein and pursuant to regulations promulgated in accordance 24 with this chapter. Sections 30-4-30, 30-4-50, and 30-4-100 25 notwithstanding, no custodian of information subject to the 26 provisions of Section 30-4-45 shall release the information except 27 as provided therein and pursuant to regulations promulgated in 28 accordance with this chapter.” 29 30 SECTION 30. Chapter 4, Title 30 of the 1976 Code is amended 31 by adding: 32 33 “Section 30-4-45. (A) The director of each agency that is the 34 custodian of information subject to the provisions of 42 U.S.C. 35 7412(r)(7)(H), 40 CFR 1400 ‘Distribution of Off-site 36 Consequence Analysis Information,’ or 10 CFR 73.21 37 ‘Requirements for the protection of safeguards information’, must 38 establish procedures to ensure that the information is released only 39 in accordance with the applicable federal provisions. 40 (B) The director of each agency that is the custodian of 41 information, the unrestricted release of which could increase the 42 risk of acts of terrorism, may identify the information or 43 compilations of information by notifying the Attorney General in

1 [4416] 78 1 writing, and shall promulgate regulations in accordance with the 2 Administrative Procedures Act, Sections 1-23-110 through 3 1-23-120(a) and Section 1-23-130, to regulate access to the 4 information in accordance with the provisions of this section. 5 (C) Regulations to govern access to information subject to 6 subsections (A) and (B) must at a minimum provide for: 7 (1) disclosure of information to state, federal, and local 8 authorities as required to carry out governmental functions; and 9 (2) disclosure of information to persons who live or work 10 within a vulnerable zone. 11 For purposes of this section, ‘vulnerable zone’ is defined as a 12 circle, the center of which is within the boundaries of a facility 13 possessing hazardous, toxic, flammable, radioactive, or infectious 14 materials subject to this section, and the radius of which is that 15 distance a hazardous, toxic, flammable, radioactive, or infectious 16 cloud, overpressure, radiation, or radiant heat would travel before 17 dissipating to the point it no longer threatens serious short-term 18 harm to people or the environment. 19 Disclosure of information pursuant to this subsection must be by 20 means that will prevent its removal or mechanical reproduction. 21 Disclosure of information pursuant to this subsection must be 22 made only after the custodian has ascertained the person’s identity 23 by viewing photo identification issued by a federal, state, or local 24 government agency to the person and after the person has signed a 25 register kept for the purpose.” 26 27 SECTION 31. Section 40-18-30 of the 1976 Code, as added by 28 Act 372 of 2000, is amended by adding at the end: 29 30 “(D) Fingerprint cards submitted to SLED pursuant to 31 Sections 40-18-50, 40-18-60, 40-18-70, and 40-18-100 must be 32 submitted by SLED to the Federal Bureau of Investigation to 33 facilitate a national criminal records check of the applicant.” 34 35 SECTION 32. Section 40-18-50(B) of the 1976 Code, as added 36 by Act 372 of 2000, is amended to read: 37 38 “(B) The applicant must post a ten thousand dollar bond with 39 SLED in a form approved by the Attorney General in favor of the 40 State. The bond must be issued by a surety insurer licensed to 41 transact surety insurance in this State. The bond must be 42 conditioned to pay a person who sustains loss as a result of a 43 licensee’s violation of or failure to comply with a provision of this

1 [4416] 79 1 chapter or SLED regulations. An aggrieved person may institute 2 an action in the county of his residence against the licensee, his 3 insurer, or both, to recover on the bond. The surety on the bond 4 may cancel the bond upon giving thirty days’ notice to SLED, and 5 the surety is relieved of liability for a breach of condition after the 6 effective date of the cancellation.” 7 8 SECTION 33. Section 40-18-70(B) of the 1976 Code, as added 9 by Act 372 of 2000, is amended to read: 10 11 “(B) The applicant must post a ten thousand dollar bond with 12 SLED in a form approved by the Attorney General in favor of the 13 State. The bond must be issued by a surety insurer licensed to 14 transact surety insurance in this State. The bond must be 15 conditioned to pay a person who sustains loss as a result of a 16 licensee’s violation of or failure to comply with a provision of this 17 chapter or SLED regulations. An aggrieved person may institute 18 an action against the licensee in the county of the aggrieved 19 person’s residence or in the county where the licensee conducts 20 business, his insurer, or both, to recover on the bond. The surety 21 on the bond may cancel the bond upon giving thirty days’ notice to 22 SLED and is relieved of liability for a breach of condition after the 23 effective date of cancellation.” 24 25 SECTION 34. Section 40-18-70(E)(9)(a) of the 1976 Code, as 26 added by Act 372 of 2000, is amended to read: 27 28 “(a) as a private investigator with employed by a licensed 29 private investigation agency;” 30 31 SECTION 35. Section 40-18-70(L) of the 1976 Code, as added 32 by Act 372 of 2000, is amended to read: 33 34 “(L) A person initially licensed as a private investigator 35 before the effective date of this section, and who has maintained 36 his license, is not required to meet the requirements contained in 37 subsections (E)(1), (4), and (8).” 38 39 SECTION 36. Section 40-18-100(A) of the 1976 Code, as added 40 by Act 372 of 2000, is amended to read: 41 42 “(A) SLED may grant a Security Weapons Permit to carry a 43 particular type of firearm to a person who is at least twenty-one

1 [4416] 80 1 years of age, is eligible to possess firearms, and is licensed or 2 registered as a security officer. Application for the permit must be 3 made on forms approved by SLED and the fee must be set by 4 SLED regulation. An applicant must submit with the application 5 one complete set of the applicant’s fingerprints on forms specified 6 or furnished by SLED. Fingerprint cards submitted to SLED 7 pursuant to this section must be used to facilitate a national 8 criminal records check, as required by Section 40 - 18 - 30. The 9 permit is for one year and application for renewal must be on a 10 form approved by SLED. The permit renewal must specifically 11 reauthorize the type of firearm to be used by the permittee.” 12 13 SECTION 37. Section 42-1-130 of the 1976 Code is amended to 14 read: 15 16 “Section 42-1-130. The term ‘employee’ means every person 17 engaged in an employment under any appointment, contract of 18 hire, or apprenticeship, expressed or implied, oral or written, 19 including aliens and also including minors, whether lawfully or 20 unlawfully employed, but excluding excludes a person whose 21 employment is both casual and not in the course of the trade, 22 business, profession, or occupation of his employer; and as relating 23 to those employed by the State;, the term ‘employee’ includes all 24 members of the South Carolina State and National Guard while 25 performing duties in connection with the membership except duty 26 performed pursuant to Title 10 and Title 32 of the United States 27 Code,; all volunteer state constables appointed pursuant to Section 28 23 - 1 - 60, while performing duties in connection with their 29 appointments and authorized by the State Law Enforcement 30 Division; and all officers and employees of the State, except those 31 elected by the people, or by the General Assembly, or appointed 32 by the Governor, either with or without the confirmation of the 33 Senate; and as relating to municipal corporations and political 34 subdivisions of the State;, the term ‘employee’ includes all officers 35 and employees of municipal corporations and political 36 subdivisions, except those elected by the people or elected by the 37 council or other governing body of any municipal corporation or 38 political subdivision, who act in purely administrative capacities 39 and are to serve for a definite term of office. Any reference to an 40 employee who has been injured, or when the employee is dead, 41 includes also his legal representative, dependents, and other 42 persons to whom compensation may be payable.

1 [4416] 81 1 Any sole proprietor or partner of a business whose employees 2 are eligible for benefits under this title may elect to be included as 3 employees under the workers’ compensation coverage of the 4 business if they are actively engaged in the operation of the 5 business and if the insurer is notified of their election to be 6 included. Any sole proprietor or partner, upon such this election, 7 is entitled to employee benefits and is subject to employee 8 responsibilities prescribed in this title.” 9 10 SECTION 38. Section 42-7-65 of the 1976 Code is amended to 11 read: 12 13 “Section 42-7-65. Notwithstanding the provisions of Section 14 42-1-40, for the purpose of this title and while serving in this 15 capacity, the total average weekly wage of the following categories 16 of employees is the following: 17 (1) For for all members of the State and National Guard, 18 regardless of rank, seventy-five percent of the average weekly 19 wage in the State for the preceding fiscal year, or the average 20 weekly wage the service member would be entitled to, if any, if 21 injured while performing his civilian employment, if the average 22 weekly wage in his civilian employment is greater.; 23 (2) For for all voluntary firemen of organized voluntary rural 24 fire units and voluntary municipal firemen, thirty-seven and 25 one-half percent of the average weekly wage in the State for the 26 preceding fiscal year.; 27 (3) For for all members of organized volunteer rescue squads, 28 thirty-seven and one-half percent of the average weekly wage in 29 the State for the preceding fiscal year.; 30 (4) For for all volunteer deputy sheriffs, thirty-seven and 31 one-half percent of the average weekly wage in the State for the 32 preceding fiscal year.; and 33 (5) for all volunteer state constables appointed pursuant to 34 Section 23 - 1 - 60, while performing duties in connection with their 35 appointments and authorized by the State Law Enforcement 36 Division, thirty - seven and one - half percent of the average weekly 37 wage in the State for the preceding fiscal year. 38 The wages provided in items (2), (3), and (4), and (5) of this 39 section may not be increased as a basis for any computation of 40 benefits because of employment other than as a volunteer. Persons 41 in the categories provided by items (2), (3), and (4), and (5) must 42 be notified of the limitation on average weekly wages prescribed in

1 [4416] 82 1 this section by the authority responsible for obtaining coverage 2 under this title. 3 Volunteer firemen and rescue squad members are construed to 4 mean members of organized units whose membership is certified 5 to the municipal clerk or chairman of the council of the 6 municipality or county in which their unit is based by the chief 7 officer of the unit concerned. A volunteer deputy sheriff is a 8 volunteer whose membership is certified by the sheriff to the 9 governing body of the county. No volunteer deputy sheriff may be 10 included under the provisions of this title unless approved by the 11 governing body of the county or municipality. A voluntary 12 constable appointed pursuant to Section 23 - 1 - 60 shall be included 13 under the provisions of this title only while performing duties in 14 connection with his appointment and as authorized by the State 15 Law Enforcement Division and only if approved by the governing 16 body of the entity using his services as a voluntary state constable. 17 Notwithstanding any other provision of law, voluntary firemen of 18 organized volunteer fire units and members of organized volunteer 19 rescue squads are covered under this title by the county governing 20 body unless the governing body of the county opts out of the 21 coverage. 22 The average weekly wage for inmates of the State Department 23 of Corrections as defined in Section 42-1-480 is forty dollars a 24 week. The average weekly wage for county prisoners is forty 25 dollars a week. The average weekly wage for students of high 26 schools, state technical schools, and state-supported colleges and 27 universities while engaged in work study, marketing education, or 28 apprentice programs on the premises of private companies or while 29 engaged in the Tech Prep or other structured school-to-work 30 programs on the premises of a sponsoring employer is fifty percent 31 of the average weekly wage in the State for the preceding fiscal 32 year.” 33 34 SECTION 39. Section 16-8-10(4) and (14) of the 1976 Code is 35 amended to read: 36 37 “(4) ‘Destructive device’ means: 38 (a) a bomb, incendiary device, or anything any thing that can 39 detonate, explode, be released, or burn by mechanical, chemical, or 40 nuclear means, or that contains an explosive, incendiary, 41 poisonous gas, or toxic substance (chemical, biological, or nuclear 42 materials) including, but not limited to, an incendiary or

1 [4416] 83 1 over-pressure device, or any other device capable of causing 2 damage, injury, or death; 3 (b) a weapon of mass destruction; 4 (c)(b) a bacteriological weapon or biological weapon; or 5 (d)(c) a combination of any parts, components, chemical 6 compounds, or other substances, either designed or intended for 7 use in converting any device into a destructive device which has 8 been or can be assembled to cause damage, injury, or death.” 9 (14) “Weapon of mass destruction” means any device designed 10 to release radiation or radioactivity at a level that could result in 11 internal or external bodily injury or death to a person.: 12 (a) any destructive device as defined in item (4); 13 (b) any weapon that is designed or intended to cause death 14 or serious bodily injury through the release, dissemination, or 15 impact of toxic or poisonous chemicals, or their precursors; 16 (c) any weapon involving a disease organism; or 17 (d) any weapon that is designed to release radiation or 18 radioactivity at a level dangerous to human life.” 19 20 SECTION 40. Section 56-5-5015(H) of the 1976 Code, as last 21 amended by Act 462 of 1992, is further amended to read: 22 23 “(H) The provisions of this section do not apply to: 24 (1) a motor vehicle registered in this State in the name of a 25 person, or the person’s legal guardian, who has an affidavit signed 26 by a physician or an optometrist licensed to practice in this State 27 that states that the person has a physical condition that makes it 28 necessary to equip the motor vehicle with sunscreening material 29 which would be of a light transmittance or luminous reflectance in 30 violation of this section. The affidavit must be in the vehicle at all 31 times during its operation and must be produced at the request of a 32 law enforcement officer. The affidavit must be updated every two 33 years; or 34 (2) a law enforcement vehicle used regularly to transport a 35 canine trained for law enforcement purposes.” 36 37 SECTION 41. The 1976 Code is amended by adding: 38 39 “Section 23-1-230. (A) There is hereby created the First 40 Responders Advisory Committee which shall consist of: 41 (1) the following eleven members, or their designees: 42 (a) the Chairman of the Governor’s Security Council; 43 (b) the Director of the State Law Enforcement Division;

1 [4416] 84 1 (c) the Director of the Department of Public Safety; 2 (d) the Adjutant General; 3 (e) the Director of the Emergency Management Division; 4 (f) the Director of the Emergency Medical Service 5 Division of the Department of Health and Environmental Control; 6 (g) the State Fire Marshal; 7 (h) the President Pro Tempore of the Senate; 8 (i) the Speaker of the House of Representatives; 9 (j) the State Chief Information Officer; and 10 (k) the Chairman of the Commercial Mobile Radio 11 Services Emergency Telephone Services Advisory Committee; and 12 (2) the following nine members who represent the following 13 associations: 14 (a) the South Carolina Sheriffs’ Association; 15 (b) the South Carolina Police Chiefs Association; 16 (c) the South Carolina Chapter of the National Emergency 17 Number Association; 18 (d) the Association of Public Communications Officials; 19 (e) the South Carolina Emergency Medical Services 20 Association; 21 (f) the Emergency Management Association; 22 (g) the South Carolina Fireman’s Association; 23 (h) the South Carolina Fire Chiefs’ Association; and 24 (i) the Palmetto 800 Advisory Committee. 25 (B) Expense reimbursement or per diem payment shall not be 26 paid to members of the committee or its staff. 27 (C) All committee members shall serve until the end of the 28 2003 session of the South Carolina General Assembly. 29 (D) The Governor shall fill any vacancy on the Advisory 30 Committee. An association to which a vacating member belonged 31 may make recommendations to the Governor to fill the vacancy. 32 (E) A committee member who terminates his holding of the 33 office or employment that qualified him for appointment shall 34 cease immediately to be a member of the committee. 35 (F) The committee shall establish rules and procedures with 36 respect to: 37 (1) the selection of its officers; 38 (2) the selection of meeting sites; and 39 (3) conducting its meetings. 40 (G) The authority and responsibilities of the committee are to 41 research, study, analyze, determine, and report to the General 42 Assembly by January 1, 2003, and thereafter to the President Pro 43 Tempore of the Senate and the Speaker of the House concerning

1 [4416] 85 1 the needs of the first responders, including personnel involved with 2 fire, law enforcement, emergency medical, emergency planning 3 and coordinating, and 911 and other emergency communications. 4 The issues to be studied with regard to first responders include, but 5 are not limited to: 6 (1) performance of their duties, rendering of their services to 7 the public in general, and to the individuals involved in an 8 emergency, including the other first responders involved; 9 (2) preparing for the performance of those duties, including 10 equipping, training, planning, and coordinating; 11 (3) funding their operations; 12 (4) preserving and enhancing their personal fitness, 13 well-being, morale, and welfare; 14 (5) the appropriate role the State should play in continuing to 15 assess and address the identified needs, including whether, and in 16 what form, a new or existing state agency could and should be 17 authorized and funded to assist in that role; and 18 (6) the consideration of legislation to address the identified 19 needs and providing the General Assembly with draft legislation 20 with regard to these issues. 21 (H) The First Responders Advisory Committee shall receive 22 clerical and related assistance from the staff of the South Carolina 23 Law Enforcement Division, the Department of Public Safety, and 24 the Office of Information Resources.” 25 26 SECTION 42. Section 56-1-150 of the 1976 Code is repealed. 27 28 SECTION 43. The repeal or amendment by this act of any law, 29 whether temporary or permanent or civil or criminal, does not 30 affect pending actions, rights, duties, or liabilities founded thereon, 31 or alter, discharge, release, or extinguish any penalty, forfeiture, or 32 liability incurred under the repealed or amended law, unless the 33 repealed or amended provision so expressly provides. After the 34 effective date of this act, all laws repealed or amended by this act 35 must be taken and treated as remaining in full force and effect for 36 the purpose of sustaining any pending or vested right, civil action, 37 special proceeding, criminal prosecution, or appeal existing as of 38 the effective date of this act, and for the enforcement of rights, 39 duties, penalties, forfeitures, and liabilities as they stood under the 40 repealed or amended laws. 41 42 SECTION 44. If any section, subsection, paragraph, 43 subparagraph, sentence, clause, phrase, or word of this act is for

1 [4416] 86 1 any reason held to be unconstitutional or invalid, such holding 2 shall not affect the constitutionality or validity of the remaining 3 portions of this act, the General Assembly hereby declaring that it 4 would have passed this act, and each and every section, subsection, 5 paragraph, subparagraph, sentence, clause, phrase, and word 6 thereof, irrespective of the fact that any one or more other sections, 7 subsections, paragraphs, subparagraphs, sentences, clauses, 8 phrases, or words hereof may be declared to be unconstitutional, 9 invalid, or otherwise ineffective. 10 11 SECTION 45. This act takes effect upon approval by the 12 Governor, and applies to offenses committed after its effective date 13 and to causes of action arising or accruing on or after the effective 14 date. 15 ----XX---- 16

1 [4416] 87