S*29 Session 112 (1997-1998)
S*0029(Rat #0189, Act #0136 of 1997) General Bill, By Holland and Giese
A BILL TO AMEND SECTION 24-13-450, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO THE CRIME OF TAKING OF A HOSTAGE BY AN INMATE, SO AS TO INCREASE
THE PENALTY AND REVISE THE VIOLATIONS TO WHICH THIS PROVISION APPLIES; TO
AMEND SECTION 16-1-60, AS AMENDED, RELATING TO VIOLENT CRIMES, SO AS TO
PROVIDE THAT THE TAKING OF A HOSTAGE BY AN INMATE IS A VIOLENT CRIME; TO AMEND
SECTION 16-1-90 RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO PROVIDE
THAT TAKING OF A HOSTAGE BY AN INMATE IS RECLASSIFIED AS A CLASS "A" FELONY;
TO AMEND SECTION 17-25-45, AS AMENDED, RELATING TO LIFE IMPRISONMENT FOR A
PERSON CONVICTED THREE TIMES FOR CERTAIN CRIMES, SO AS TO PROVIDE THAT TAKING
OF A HOSTAGE BY AN INMATE IS A "MOST SERIOUS OFFENSE"; BY ADDING SECTION
16-3-630 SO AS TO PROVIDE PENALTIES FOR A PERSON CONVICTED OF ASSAULT UPON
CERTAIN CORRECTIONAL FACILITY EMPLOYEES; BY ADDING SECTION 24-13-470 SO AS TO
PROVIDE THAT ATTEMPTING TO THROW OR THROWING CERTAIN BODILY FLUIDS ON CERTAIN
EMPLOYEES OF A CORRECTIONAL FACILITY IS A FELONY AND TO PROVIDE PENALTIES; BY
ADDING SECTION 24-13-410, AS AMENDED, RELATING TO ESCAPING OR ATTEMPTING TO
ESCAPE FROM PRISON, SO AS TO REVISE THE PENALTY; TO AMEND SECTION 24-13-440,
RELATING TO CARRYING OR CONCEALING A WEAPON, SO AS TO REVISE THE PENALTY
PROVISION; AND TO AMEND SECTION 44-23-1150, AS AMENDED, RELATING TO ILLEGAL
SEXUAL INTERCOURSE WITH CERTAIN PATIENTS OR TRAINEES OF A STATE MENTAL HEALTH
FACILITY SO AS TO PROVIDE THAT THIS PROVISION ALSO APPLIES TO EMPLOYEES AND
INMATES OF CERTAIN CORRECTIONAL FACILITIES.-AMENDED TITLE
01/14/97 Senate Introduced and read first time SJ-94
01/14/97 Senate Referred to Committee on Corrections and Penology SJ-94
02/27/97 Senate Polled out of committee Corrections and Penology SJ-8
02/27/97 Senate Committee report: Favorable with amendment
Corrections and Penology SJ-8
03/06/97 Senate Amended SJ-35
03/06/97 Senate Read second time SJ-35
03/11/97 Senate Read third time and sent to House SJ-18
03/12/97 House Introduced and read first time HJ-8
03/12/97 House Referred to Committee on Judiciary HJ-9
05/07/97 House Committee report: Favorable with amendment
Judiciary HJ-27
05/13/97 House Requests for debate-Rep(s). F. Smith, Scott,
Neal, McMahand, Moody-Lawrence, Inabinett &
Govan HJ-14
05/14/97 House Requests for debate removed-Rep(s). Govan & Neal HJ-34
05/21/97 House Requests for debate removed-Rep(s). F. Smith &
McMahand HJ-32
05/21/97 House Requests for debate removed-Rep(s). Scott,
Inabinett & Moody-Lawrence HJ-33
05/22/97 House Requests for debate-Rep(s). Scott, Limbaugh,
Kennedy, Neal, Lloyd, Mack, F. Smith, Whipper,
Harrison & Jennings HJ-35
05/28/97 House Requests for debate removed-Rep(s). Kennedy HJ-45
05/28/97 House Amended HJ-86
05/28/97 House Read second time HJ-92
05/28/97 House Roll call Yeas-81 Nays-15 HJ-92
05/29/97 House Read third time and returned to Senate with
amendments HJ-41
06/03/97 Senate House amendment amended SJ-57
06/03/97 Senate Returned to House with amendments SJ-57
06/03/97 House Non-concurrence in Senate amendment HJ-130
06/04/97 Senate Senate recedes from amendments SJ-16
06/04/97 Senate Concurred in House amendment and enrolled SJ-16
06/09/97 Ratified R 189
06/11/97 Signed By Governor
06/11/97 Effective date 06/11/97
07/09/97 Copies available
07/09/97 Act No. 136
(A136, R189, S29)
AN ACT TO AMEND SECTION 24-13-450, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF TAKING
A HOSTAGE BY AN INMATE, SO AS TO INCREASE THE
PENALTY AND REVISE THE VIOLATIONS TO WHICH THIS
PROVISION APPLIES; TO AMEND SECTION 16-1-60, AS
AMENDED, RELATING TO VIOLENT CRIMES, SO AS TO
PROVIDE THAT THE TAKING OF A HOSTAGE BY AN INMATE IS
A VIOLENT CRIME; TO AMEND SECTION 16-1-90 RELATING TO
CRIMES CLASSIFIED AS FELONIES, SO AS TO PROVIDE THAT
TAKING OF A HOSTAGE BY AN INMATE IS RECLASSIFIED AS
A CLASS "A" FELONY; TO AMEND SECTION 17-25-45,
AS AMENDED, RELATING TO LIFE IMPRISONMENT FOR A
PERSON CONVICTED THREE TIMES FOR CERTAIN CRIMES, SO
AS TO PROVIDE THAT TAKING OF A HOSTAGE BY AN INMATE
IS A "MOST SERIOUS OFFENSE"; BY ADDING
SECTION 16-3-630 SO AS TO PROVIDE PENALTIES FOR A
PERSON CONVICTED OF ASSAULT UPON CERTAIN
CORRECTIONAL FACILITY EMPLOYEES; BY ADDING SECTION
24-13-470 SO AS TO PROVIDE THAT ATTEMPTING TO THROW
OR THROWING CERTAIN BODILY FLUIDS ON CERTAIN
EMPLOYEES OF A CORRECTIONAL FACILITY IS A FELONY AND
TO PROVIDE PENALTIES; TO AMEND SECTION 24-13-410, AS
AMENDED, RELATING TO ESCAPING OR ATTEMPTING TO
ESCAPE FROM PRISON, SO AS TO REVISE THE PENALTY; TO
AMEND SECTION 24-13-440, RELATING TO CARRYING OR
CONCEALING A WEAPON, SO AS TO REVISE THE PENALTY
PROVISION; AND TO AMEND SECTION 44-23-1150, AS
AMENDED, RELATING TO ILLEGAL SEXUAL INTERCOURSE
WITH CERTAIN PATIENTS OR TRAINEES OF A STATE MENTAL
HEALTH FACILITY, SO AS TO PROVIDE THAT THIS PROVISION
ALSO APPLIES TO EMPLOYEES AND INMATES OF CERTAIN
CORRECTIONAL FACILITIES.
Be it enacted by the General Assembly of the State of South Carolina:
Taking a hostage by an inmate
SECTION 1. Section 24-13-450 of the 1976 Code is amended to read:
"Section 24-13-450. An inmate of a state, county, or city
correctional facility or a private entity that contracts with a state, county,
or city to provide care and custody of inmates, including persons in
safekeeper status, acting alone or in concert with others, who by threats,
coercion, intimidation, or physical force takes, holds, decoys, or carries
away any person as a hostage or for any other reason whatsoever shall be
deemed guilty of a felony and, upon conviction, shall be imprisoned for
a term of not less than five years nor more than thirty years. This
sentence shall not be served concurrently with any sentence being served
at the time the offense is committed."
Violent crimes
SECTION 2. Section 16-1-60 of the 1976 Code, as last amended by
Act 83 of 1995, is further amended to read:
"Section 16-1-60. For purposes of definition under South
Carolina law a violent crime includes the offenses of murder (Section
16-3-10); criminal sexual conduct in the first and second degree (Sections
16-3-652 and 16-3-653); criminal sexual conduct with minors, first and
second degree (Section 16-3-655); assault with intent to commit criminal
sexual conduct, first and second degree (Section 16-3-656); assault and
battery with intent to kill (Section 16-3-620); kidnapping (Section
16-3-910); taking of a hostage by an inmate (Section 24-13-450);
voluntary manslaughter (Section 16-3-50); armed robbery (Section
16-11-330(A)); attempted armed robbery (Section 16-11-330(B)); drug
trafficking as defined in Sections 44-53-370(e) and 44-53-375(C); arson
in the first degree (Section 16-11-110(A)); burglary in the first degree
(Section 16-11-311); burglary in the second degree (Section
16-11-312(B)); engaging a child for a sexual performance (Section
16-3-810); homicide by child abuse (Section 16-3-85(A)(1)); aiding and
abetting homicide by child abuse (Section 16-3-85(A)(2)); accessory
before the fact to commit any of the above offenses (Section 16-1-40);
and attempt to commit any of the above offenses (Section 16-1-80). Only
those offenses specifically enumerated in this section are considered
violent offenses."
Crime classification
SECTION 3. Subsections (A) and (C) of Section 16-1-90 of the 1976
Code are amended to read:
"(A) The following offenses are Class A felonies and the
maximum terms established for a Class A felony, as set forth in Section
16-1-20(A), apply:
16-3-50 Manslaughter - voluntary
16-3-652 Criminal sexual conduct
First degree
16-3-655 Criminal sexual conduct with
minors if victim under 11 years of
age
First degree
16-3-656 Assault with intent to commit
criminal sexual conduct
First degree
16-3-658 Criminal sexual conduct where
victim is legal spouse
(separated)
First degree
16-3-910 Kidnapping
16-3-920 Conspiracy to commit
kidnapping
16-11-380 Entering bank, depository, or
building and loan association with
intent to steal
16-11-330(A) Robbery while armed with a deadly
weapon
16-11-390 Safecracking
24-13-450 Taking of a hostage by an inmate
44-53-370 Prohibited Acts A, penalties
(b)(1) (narcotic drugs in Schedules I(b)
and (c), LSD, and Schedule II)
Second, third, or subsequent
offenses
44-53-370 Prohibited Acts A, penalties
(e)(2)(a)2 (trafficking in cocaine, 10 grams or
more, but less than 28 grams)
Second offense
44-53-370 Prohibited Acts, penalties
(e)(2)(b)2 (trafficking in cocaine, 28 grams or
more, but less than 100 grams)
Second offense
44-53-370 Prohibited Acts, penalties
(e)(5)(a)2 (trafficking in LSD, 100 dosage
units or more, but less than 500
dosage units)
Second offense
44-53-370 Prohibited Acts, penalties
(e)(5)(b)2 (trafficking in LSD, 500 dosage
units or more, but less than 1,000
dosage units)
Second offense
44-53-375 Manufacture, distribution, etc.,
(B)(3) ice, crank, or crack cocaine
Third or subsequent offense
44-53-375 Trafficking in ice, crank, or
(C)(1)(b) crack cocaine (10 grams or more,
but less than 28 grams)
Second offense
44-53-375 Trafficking in ice, crank, or
(C)(2)(b) crack cocaine (28 grams or more,
but less than 100 grams)
Second offense
55-1-30(3) Unlawful removing or damaging of
airport facility or equipment when
death results
56-5-1030 Interference with traffic-control
(B)(3) devices or railroad signs or signals
prohibited when death results from
violation
58-17-4090 Penalty for obstruction of
railroad"
"(C) The following offenses are Class C
felonies and the maximum terms established for a Class C felony, as set
forth in Section 16-1-20(A), apply:
16-3-70 Administering or attempting to
administer poison
16-3-75 Unlawful and malicious tampering
with human drug product or food
16-3-220 Lynching in the second degree
16-3-620 Assault and battery with intent to
kill
16-3-653 Criminal sexual conduct
Second degree
16-3-655(2) Criminal sexual conduct with minor
- victim 14 years of age or less, but
who is at least 11 years of age
Second degree
16-3-655(3) Criminal sexual conduct with minor
- victim less than 16 years of age,
but who is at least 14 years of age
Second degree
16-3-656 Assault with intent to commit
criminal sexual conduct
Second degree
16-3-658 Criminal sexual conduct where
victim is legal spouse
(separated)
Second degree
16-3-810 Engaging child under 18 for sexual
performance
16-11-110(B) Arson - second degree
16-11-330(B) Attempted armed robbery
16-11-350 Train robbery by stopping train
16-11-360 Robbery after entry upon train
16-11-540 Damaging or destroying
building, vehicle, or other
property by means of
explosive or incendiary
25-7-30 Giving information respecting
national or state defense to foreign
contacts (violation during
peacetime)
44-53-370 Prohibited Acts A, penalties
(b)(2) (manufacture or possession of other
substances in Schedule I, II, III,
with intent to distribute)
Third or subsequent offense
44-53-370 Prohibited Acts A, penalties
(e)(1)(a)2 (trafficking in marijuana, 10 pounds
or more, but less than 100 pounds)
Second offense
44-53-440 Distribution of controlled
substance under Sections
44-53-370(a) and 44-53-375(B)
to persons under 18
44-53-475 Concealment of property derived
(A)(3) from unlawful drug activity
58-15-870 Injuring railroad or electric railway
generally if act endangers
life"
Most serious offense
SECTION 4. Section 17-25-45(C)(1) of the 1976 Code, as last
amended by Act 83 of 1995, is further amended to read:
"(C) As used in this section:
(1) 'Most serious offense' means:
16-1-40 Accessory, for any offense enumerated in this
item
16-1-80 Attempt, for any offense enumerated in this
item
16-3-10 Murder
16-3-30 Killing by poison
16-3-40 Killing by stabbing or thrusting
16-3-50 Voluntary manslaughter
16-3-85(A)(1) Homicide by child abuse
16-3-85(A)(2) Aiding and abetting homicide by child abuse
16-3-210 Lynching, First degree
16-3-430 Killing in a duel
16-3-620 Assault and battery with intent to kill
16-3-652 Criminal sexual conduct, First degree
16-3-653 Criminal sexual conduct, Second degree
16-3-655 Criminal sexual conduct with minors, except
where evidence is presented at the criminal
proceeding and the court, after the conviction,
makes a specific finding on the record that the
conviction obtained for this offense resulted from
consensual sexual conduct where the victim was
younger than the actor, as contained in Section
16-3-655(3)
16-3-656 Assault with intent to commit criminal sexual
conduct, First and Second degree
16-3-910 Kidnapping
16-3-920 Conspiracy to commit kidnapping
16-11-110(A) Arson, First degree
16-11-311 Burglary, First degree
16-11-330(A) Armed robbery
16-11-330(B) Attempted armed robbery
16-11-540 Damaging or destroying building, vehicle, or
other property by means of explosive incendiary,
results
24-13-450 Taking of a hostage by an inmate
25-7-30 Giving information respecting national or state
defense to foreign contacts during war
25-7-40 Gathering information for an enemy
55-1-30(3) Unlawful removing or damaging of airport
facility or equipment when death results
56-5-1030 Interference with traffic-control devices or
(B)(3) railroad signs or signals prohibited when death
results from violation
58-17-4090 Obstruction of railroad, death results."
Assault on a correctional facility employee
SECTION 5. The 1976 Code is amended by adding:
"Section 16-3-630. A person convicted of assault upon an
employee of a state or local correctional facility performing job-related
duties must serve a mandatory minimum sentence of not less than six
months nor more than five years. A sentence under this provision must
be served consecutively to any other sentence the person is
serving."
Throwing of bodily fluids
SECTION 6. The 1976 Code is amended by adding:
"Section 24-13-470. An inmate who attempts to throw or throws
bodily fluids including, but not limited to, urine, blood, feces, vomit,
saliva, or semen on an employee of a state or local correctional facility is
guilty of a felony and, upon conviction, must be imprisoned not more than
fifteen years. A sentence under this provision must be served
consecutively to any other sentence the inmate is serving. This section
shall not prohibit the prosecution of an inmate for a more serious offense
if the inmate is determined to be HIV-positive or has another disease that
may be transmitted through bodily fluids."
Escaping or attempting to escape
SECTION 7. Section 24-13-410 of the 1976 Code, as last amended by
Act 406 of 1996, is further amended to read:
"Section 24-13-410. (A) It is unlawful for a person, lawfully
confined in prison or upon the public works of a county or while in the
custody of a superintendent, guard, or officer, to escape, to attempt to
escape, or to have in his possession tools or weapons which may be used
to facilitate an escape.
(B) A person who violates this section is guilty of a felony and, upon
conviction, must be imprisoned not less than one year nor more than
fifteen years.
(C) The term of imprisonment is consecutive to the original sentence
and to other sentences previously imposed upon the escapee by a court of
this State."
Carrying or concealing a weapon
SECTION 8. Section 24-13-440 of the 1976 Code is amended to read:
"Section 24-13-440. It is unlawful for an inmate of a state
correctional facility, city or county jail, or public works of a county to
carry on his person a dirk, slingshot, metal knuckles, razor, firearm, or
any other deadly weapon, homemade or otherwise, which usually is used
for the infliction of personal injury upon another person, or to wilfully
conceal any weapon within any Department of Corrections facility or
other place of confinement.
A person violating this section is guilty of a felony and, upon
conviction, must be imprisoned not more than ten years. A sentence
imposed under this section must be served consecutively to any other
sentence the inmate is serving."
Illegal sexual intercourse
SECTION 9. Section 44-23-1150 of the 1976 Code, as last amended
by Act 184 of 1993, is further amended to read:
"Section 44-23-1150. A person having sexual intercourse with
a patient or trainee of a state mental health facility, whether the patient or
trainee is within the facility or unlawfully away from the facility, or an
employee of a state or local correctional facility having sexual intercourse
with an inmate of that facility, is guilty of a felony and, upon conviction,
must be imprisoned not more than ten years."
Time effective
SECTION 10. This act takes effect upon approval by the Governor.
Approved the 11th day of June, 1997. |