H 3221 General Bill, By Kirsh and Simrill

Similar(H 3057)
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 16-3-1075, so as to define the crime of carjacking, make it a felony, and
 provide penalties for violation including a provision that if death results it
 is considered an aggravating circumstance for purposes of the death penalty.

   01/20/93  House  Introduced and read first time HJ-16
   01/20/93  House  Referred to Committee on Judiciary HJ-16
   03/02/93  House  Tabled in committee

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1075, SO AS TO DEFINE THE CRIME OF CARJACKING, MAKE IT A FELONY, AND PROVIDE PENALTIES FOR VIOLATION INCLUDING A PROVISION THAT IF DEATH RESULTS IT IS CONSIDERED AN AGGRAVATING CIRCUMSTANCE FOR PURPOSES OF THE DEATH PENALTY.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 16-3-1075. (A) For purposes of this section:

(1) `Serious bodily injury' means injury involving extreme physical pain or the impairment of a function of a bodily member, organ, or mental faculty; or requiring medical intervention such as surgery, hospitalization, or physical or mental rehabilitation; or a disfigurement that is likely to be permanent.

(2) `Deadly weapon' means an instrument capable of inflicting death or serious bodily injury.

(B) Whoever, possessing a deadly weapon, takes a motor vehicle from another while that person is operating the vehicle or while a person is in the vehicle by force and violence or by intimidation, or attempts to do so, is guilty of the felony of carjacking and, upon conviction, must be:

(1) imprisoned for not less than five nor more than fifteen years; or

(2) if serious bodily injury results, be imprisoned not less than ten nor more than twenty-five years; or

(3) if death results, be punished for murder as provided in Section 16-3-20. For purposes of Section 16-3-20, the felony of carjacking is considered a robbery while armed with a deadly weapon and as such is an aggravating circumstance contained in Section 16-3-20(C)(a)(1)(e)."

SECTION 2. This act takes effect upon approval by the Governor.