[Scla-list] Public Library Trespass Bill

[Curtis Rogers]

FYI

Yesterday, Rep. Bannister and six other members introduced H. 4590, a public
library trespass bill.  It has been referred to the House Judiciary
Committee.  A copy of the text is below.


A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
16-11-625 SO AS TO PROVIDE A PERSON WHO, WITHOUT LEGAL CAUSE OR GOOD EXCUSE,
ENTERS A PUBLIC LIBRARY AFTER HAVING BEEN WARNED BY AN EMPLOYEE OF THE
LIBRARY OR HIS AGENT OR REPRESENTATIVE NOT TO DO SO OR WITHOUT HAVING BEEN
WARNED FAILS AND REFUSES, WITHOUT GOOD CAUSE OR GOOD EXCUSE, TO LEAVE
IMMEDIATELY UPON BEING ORDERED OR REQUESTED TO DO SO BY AN EMPLOYEE OF THE
LIBRARY OR HIS AGENT OR REPRESENTATIVE IS GUILTY OF A MISDEMEANOR AND, ON
CONVICTION, MUST BE FINED NOT MORE THAN TWO HUNDRED DOLLARS OR BE IMPRISONED
NOT MORE THAN THIRTY DAYS, TO PROVIDE A MUNICIPAL COURT OR MAGISTRATE COURT
MAY HAVE JURISDICTION OVER A VIOLATION, AND TO PROVIDE THE PROVISIONS OF
THIS SECTION MUST BE CONSTRUED AS BEING IN ADDITION TO, AND NOT AS
SUPERSEDING, ANOTHER STATUTE RELATING TO TRESPASS OR ENTRY ON LANDS OF
ANOTHER.

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

SECTION    1.    Article 7, Chapter 11, Title 16 of the 1976 Code is amended
by adding:

"Section 16-11-625.    (A)    A person who, without legal cause or good
excuse, enters a public library after having been warned by an employee of
the library or his agent or representative not to do so or without having
been warned, fails and refuses, without good cause or good excuse, to leave
immediately upon being ordered or requested to do so by an employee of the
library or his agent or representative is guilty of a misdemeanor and, on
conviction, must be fined not more than two hundred dollars or be imprisoned
not more than thirty days.

(B)    A municipal court or magistrate may try and determine criminal cases
involving violations of this section occurring within the municipality or
magisterial district in which an alleged violation occurred. A peace officer
of this state or a subdivision of this state shall enforce the provisions of
this section within their respective jurisdictions.

(C)    The provisions of this section must be construed as being in addition
to, and not as superseding, another statute relating to trespass or entry on
lands of another."

SECTION    2.    If any section, subsection, paragraph, subparagraph,
sentence, clause, phrase, or word of this act is for any reason held to be
unconstitutional or invalid, such holding shall not affect the
constitutionality or validity of the remaining portions of this act, the
General Assembly hereby declaring that it would have passed this act, and
each and every section, subsection, paragraph, subparagraph, sentence,
clause, phrase, and word thereof, irrespective of the fact that any one or
more other sections, subsections, paragraphs, subparagraphs, sentences,
clauses, phrases, or words hereof may be declared to be unconstitutional,
invalid, or otherwise ineffective.

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