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H. 3141
STATUS INFORMATION
General Bill
Sponsors: Rep. Gilliard
Document Path: l:\council\bills\ms\7048ahb11.docx
Introduced in the House on January 11, 2011
Currently residing in the House Committee on Judiciary
Summary: Hate crime
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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12/7/2010 House Prefiled
12/7/2010 House Referred to Committee on Judiciary
1/11/2011 House Introduced and read first time (House Journal-page 60)
1/11/2011 House Referred to Committee on Judiciary
(House Journal-page 60)
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-640 SO AS TO CREATE THE HATE CRIME OF ASSAULT AND BATTERY UPON A HOMELESS PERSON AND PROVIDE A TWO-TIERED PENALTY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 7, Chapter 3, Title 16 of the 1976 Code is amended by adding:
"Section 16-3-640. (A) For purposes of this section, the term 'homeless person' means an individual who does not have a permanent residence who is either living on the streets, in a car, or in a homeless or other type of shelter which serves those individuals who are either temporarily or permanently without a residence.
(B) A person who commits an assault and battery offense as provided in this article upon a homeless person is guilty of the misdemeanor hate crime of assault and battery upon a homeless person and, upon conviction:
(1) for a first offense, must be punished by imprisonment for not more than thirty days; and
(2) for a second or subsequent offense, must be punished by imprisonment for not more than one year.
(C) The penalties provided in this section are in addition to penalties prescribed for the underlying offense and a sentence prescribed pursuant to this section must be served consecutively to any other sentence."
SECTION 2. This act takes effect upon approval by the Governor.
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