Current Status Introducing Body:House Bill Number:4722 Primary Sponsor:Wilkins Committee Number:25 Type of Legislation:GB Subject:Homicide by child abuse Residing Body:House Current Committee:Judiciary Computer Document Number:CYY/15582AC.94 Introduced Date:19940210 Last History Body:House Last History Date:19940210 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Wilkins Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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4722 House 19940210 Introduced, read first time, 25
referred to Committee
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TO AMEND SECTION 16-3-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOMICIDE BY CHILD ABUSE, SO AS TO REVISE THE ELEMENTS OF THE CRIME, TO EXCLUDE CERTAIN BEHAVIOR OF A CHILD AS PROVOCATION, AND TO EXCLUDE VOLUNTARY OR INVOLUNTARY MANSLAUGHTER AS A LESSER INCLUDED OFFENSE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-3-85 of the 1976 Code, as added by Act 412 of 1992, is amended to read:
"Section 16-3-85. (A) A person is guilty of homicide by child abuse who:
(1) causes the death of a child under the age of eleven while committing child abuse or neglect as defined in Section 20-7-490 and the death occurs under circumstances manifesting an extreme, cruel, malicious, brutal, or heinous indifference to human life; or
(2) knowingly aids and abets allows another person to commit child abuse or neglect as defined in Section 20-7-490 and the child abuse or neglect results in the death of a child under the age of eleven.
(B) A child's behavior including, but not limited to, crying, does not constitute legal provocation.
(C) Neither voluntary nor involuntary manslaughter is a lesser included offense of homicide by child abuse.
(B)(D) Homicide by child abuse is a felony and a person who is convicted of or pleads guilty to homicide by child abuse:
(1) under subsection (A)(1) may be imprisoned for life but not less than a term of twenty years; or
(2) under subsection (A)(2) must be imprisoned for a term not exceeding twenty years nor less than ten years.
(C)(E) In sentencing a person under this section the judge shall consider any aggravating circumstances, including, but not limited to, a defendant's past pattern of child abuse or neglect of a child under the age of eleven, and any mitigating circumstances; however, a child's crying does not constitute provocation so as to be considered a mitigating circumstance."
SECTION 2. This act takes effect upon approval by the Governor.