H 3130 Session 117 (2007-2008)
H 3130 General Bill, By W.D. Smith, M.A. Pitts, Haskins, Kirsh and Sandifer
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
AGGRAVATING CIRCUMSTANCE WHICH MAY BE CONSIDERED IN THE DETERMINATION OF
WHETHER THE DEATH PENALTY MAY BE IMPOSED, A MURDER OF A PERSON'S SPOUSE WHILE
THE PERSON IS SUBJECT TO A VALID ORDER OF PROTECTION, THE PERSON IS VIOLATING
A CONDITION OF BOND, OR THE PERSON IS VIOLATING A RESTRAINING ORDER AND THE
MURDER OF A PERSON'S SPOUSE IF THE PERSON HAS A PRIOR CONVICTION FOR CRIMINAL
DOMESTIC VIOLENCE INVOLVING THE SAME VICTIM.
12/13/06 House Prefiled
12/13/06 House Referred to Committee on Judiciary
01/09/07 House Introduced and read first time HJ-72
01/09/07 House Referred to Committee on Judiciary HJ-72
H. 3130
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 AGGRAVATING CIRCUMSTANCE WHICH MAY BE CONSIDERED IN THE DETERMINATION OF WHETHER THE DEATH PENALTY MAY BE IMPOSED, A MURDER OF A PERSON'S SPOUSE WHILE THE PERSON IS SUBJECT TO A VALID ORDER OF PROTECTION, THE PERSON IS VIOLATING A CONDITION OF BOND, OR THE PERSON IS VIOLATING A RESTRAINING ORDER AND THE MURDER OF A PERSON'S SPOUSE IF THE PERSON HAS A PRIOR CONVICTION FOR CRIMINAL DOMESTIC VIOLENCE INVOLVING THE SAME VICTIM.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-3-20(C)(a) of the 1976 Code, as last amended by Act 342 of 2006, is further amended by adding appropriately numbered items at the end to read:
"( ) The murder of a person's spouse while the person is:
(a) subject to the provisions of a valid order of protection pursuant to Chapter 4, Title 20;
(b) violating a condition of bond; or
(c) violating a restraining order pursuant to Article 17, Chapter 3, Title 16.
( ) The murder of a person's spouse if the person has a prior conviction for criminal domestic violence involving the same victim pursuant to Chapter 25, Title 16."
SECTION 2. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 3. This act takes effect upon approval by the Governor.
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