COLUMBIA, S.C. - House bills prefiled this
week for the upcoming legislative session include proposals to limit
tuition hikes, increase penalties for child molesters and legally
allow residents to kill intruders.
Members of the House prefiled 36 bills for the session that
begins in January.
One would allow residents to defend their homes, businesses and
vehicles against attackers through deadly force. Dubbed the
"Protection of Persons and Property Act," the proposal would prevent
someone who kills in such a situation from being prosecuted or
sued.
Its sponsor, state Rep. Murrell Smith, R-Sumter, said he's just
putting into law what's already precedent through past court cases.
He said including businesses and vehicles expands on what's
defendable, "but it's not adding any new element" to the law.
Mark Plowden, spokesman for Attorney General Henry McMaster, said
the right for residents to defend their home is "well accepted
doctrine."
In 2001, former state Attorney General Charlie Condon sent a memo
to local prosecutors, sheriffs and police chiefs telling them not to
arrest or prosecute people defending their homes against
break-ins.
"I am today declaring open season on home invaders," Condon said
Jan. 24, 2001, following a rash of home invasions in North
Charleston. "The people have a right to protect themselves in their
own homes."
Bills prefiled by Reps. Brian White, R-Anderson, and Ted Pitts,
R-Lexington, would require anyone convicted of molesting children -
specifically, first-degree criminal sexual conduct with a minor - to
receive a minimum sentence of 25 years. White's bill would also
require sexual offenders to register with the state more frequently
after release and wear electronic monitors.
A bill filed by Rep. Ralph Davenport, R-Boiling Springs, would
prevent the state's public colleges and universities from increasing
tuition above the Higher Education Price Index, an inflation index
released each spring. The proposal would exempt schools whose
tuition and fees are below the state average.
House Speaker Bobby Harrell, R-Charleston, prefiled bills he says
corrects weaknesses in laws concerning lowering state flags to honor
the dead and price gouging.
One bill would specify that the governor can order flags flown at
half staff. Gov. Mark Sanford was criticized earlier this month for
not lowering the flag in honor of civil rights pioneer Rosa Parks,
who died Oct. 24. States around the country flew flags at half-staff
the day of her funeral, but not South Carolina. In response to
criticism, a Sanford spokesman said state law didn't give him the
authority to lower flags.
Another bill pre-filed by Harrell would allow authorities to
investigate price gouging if a state of emergency is declared
elsewhere but affects the price of gas in South Carolina. Under
current law, officials can't investigate such allegations unless
South Carolina is under a state of emergency.
Harrell said Parks' death and Hurricane Katrina revealed
oversights in the law. He expects those bills to easily pass the
General Assembly.
State senators will prefile bills later this month.
