H 3221 Session 110 (1993-1994)
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.
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