South Carolina General Assembly
115th Session, 2003-2004

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Indicates Matter Stricken
Indicates New Matter

H. 3129

STATUS INFORMATION

General Bill
Sponsors: Reps. Kirsh and W.D. Smith
Document Path: l:\council\bills\swb\5010zcw03.doc

Introduced in the House on January 14, 2003
Currently residing in the House Committee on Judiciary

Summary: Stalking considered aggravating circumstance when imposing death penalty

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   12/4/2002  House   Prefiled
   12/4/2002  House   Referred to Committee on Judiciary
   1/14/2003  House   Introduced and read first time HJ-56
   1/14/2003  House   Referred to Committee on Judiciary HJ-56

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/4/2002

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO INCLUDE AS A SEPARATE STATUTORY AGGRAVATING CIRCUMSTANCE WHICH MAY BE CONSIDERED IN THE DETERMINATION OF WHETHER THE DEATH PENALTY MAY BE IMPOSED, A MURDER COMMITTED WHILE IN THE COMMISSION OF STALKING OR AGGRAVATED STALKING.

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

SECTION    1.    Section 16-3-20(C)(a)(1) of the 1976 Code, as last amended by Act 317 of 1996, is further amended to read:

"(1)    The murder was committed while in the commission of the following crimes or acts:

(a)    criminal sexual conduct in any degree;

(b)    kidnapping;

(c)    burglary in any degree;

(d)    robbery while armed with a deadly weapon;

(e)    larceny with use of a deadly weapon;

(f)    killing by poison;

(g)    drug trafficking as defined in Section 44-53-370(e), 44-53-375(B), 44-53-440, or 44-53-445;

(h)    physical torture; or

( i)    dismemberment of a person. ; or

( j)    stalking or aggravated stalking as defined in Section 16-3-1700."

SECTION    2.    This act takes effect upon approval by the Governor. A person arrested, charged, or indicted under the provision of law amended by this act must be tried and sentenced as provided by the law in force at the time of the commission of the offense.

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