Bill 3164

                    Current Status

Introducing Body:               House
Bill Number:                    3164
Primary Sponsor:                Govan
Committee Number:               11
Type of Legislation:            GB
Subject:                        Firearm or knife, possession
                                of during crime
Residing Body:                  Senate
Current Committee:              Judiciary
Computer Document Number:       DKA/4162AL.93
Introduced Date:                19930119    
Last History Body:              Senate
Last History Date:              19930517    
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   Govan
                                     Cobb-Hunter
                                     Hutson
                                     Breeland
                                     Wofford
                                     White
                                     Wilkins
                                     Simrill
                                     Kennedy
                                     Hines
                                     Law
                                     Chamblee
                                     Waldrop
                                     Kirsh
                                     McMahand
                                     A. Young
                                     Farr
                                     Meacham
Type of Legislation:            General Bill

Bill  Body    Date          Action Description              CMN  Leg Involved
____  ______  ____________  ______________________________  ___  ____________

3164  Senate  19930517      Introduced, read first time,    11
                            referred to Committee
3164  House   19930513      Read third time, sent to
                            Senate
3164  House   19930512      Read second time
3164  House   19930506      Debate adjourned until
                            Wednesday, 19930512             
3164  House   19930427      Committee Report: Favorable     25
3164  House   19930119      Introduced, read first time,    25
                            referred to Committee

Indicates Matter Stricken
Indicates New Matter

COMMITTEE REPORT

April 27, 1993

H. 3164

Introduced by REPS. Govan, Cobb-Hunter, Hutson, Breeland, Wofford, White, Wilkins, Simrill, Kennedy, Hines, Law, Chamblee, Waldrop, Kirsh, McMahand, A. Young, Farr and Meacham

S. Printed 4/27/93--H.

Read the first time January 19, 1993.

To whom was referred a Bill (H. 3164), to amend Section 16-23-490, Code of Laws of South Carolina, 1976, relating to additional punishment, etc., respectfully

That they have duly and carefully considered the same, and recommend that the same do pass:

JAMES H. HODGES, for Committee.

A BILL

TO AMEND SECTION 16-23-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADDITIONAL PUNISHMENT FOR POSSESSING A FIREARM OR KNIFE DURING THE COMMISSION OF A VIOLENT CRIME, SO AS TO INCREASE THE PENALTY FOR VIOLATION.

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

SECTION 1. Section 16-23-490 of the 1976 Code is amended to read:

"Section 16-23-490. Any A person who is convicted of committing or attempting to commit a violent crime as defined in Section 16-1-60, if the person is in possession of a firearm or visibly displays what appears to be a firearm or visibly displays a knife during the commission of the violent crime, shall, in addition to the punishment provided for the crime, must be punished by a term of imprisonment of five for ten years; provided, that this five-year. This ten-year sentence does not apply in cases where the death penalty or a life sentence without parole is imposed for the violent crime. Service of this five-year ten-year sentence is mandatory unless a longer mandatory minimum term of imprisonment is provided by law for the violent crime. The court may impose this mandatory five-year ten-year sentence to run consecutively or concurrently. The person so sentenced under this section is not eligible during this five-year ten-year period for parole, work release, or extended work release. Such five This ten years may not be suspended and the person may not complete his term of imprisonment in less than five ten years pursuant to good-time credits or work credits; however, the person may earn credits during this period.

As used in this section, `firearm' means any machine gun, automatic rifle, revolver, pistol, or any weapon which will, or is designed to, or may readily be converted readily to expel a projectile; `knife' means an instrument or tool consisting of a sharp cutting blade whether or not fastened to a handle which is capable of being used to inflict a cut, slash, or wound.

No such additional punishment may be imposed unless the indictment alleged as a separate count that the person was in possession of a firearm or visibly displayed what appeared to be a firearm or visibly displays displayed a knife during the commission of the violent crime and conviction was had upon this count in the indictment. The penalties prescribed in this section may not be imposed unless the person convicted was at the same time indicted at the same time and convicted of a violent crime as defined in Section 16-1-60."

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