Current Status Bill Number:1124 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19960213 Primary Sponsor:Fair All Sponsors:Fair Drafted Document Number:pt\2142cm.96 Companion Bill Number:4464 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Homicide by child abuse
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ House 19960424 Introduced, read first time, 25 HJ referred to Committee Senate 19960423 Read third time, sent to House Senate 19960416 Read second time Senate 19960410 Committee report: Favorable 11 SJ Senate 19960213 Introduced, read first time, 11 SJ referred to CommitteeView additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
April 10, 1996
S. 1124
S. Printed 4/10/96--S.
Read the first time February 13, 1996.
To whom was referred a Bill (S. 1124), to amend Section 16-3-85, as amended, Code of Laws of South Carolina, 1976, relating to homicide by child abuse, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass:
C. TYRONE COURTNEY, for Committee.
TO AMEND SECTION 16-3-85, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA 1976, RELATING TO HOMICIDE BY CHILD ABUSE, SO AS TO REVISE THE AGE OF A VICTIM OF THIS OFFENSE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-3-85 of the 1976 Code, as added by Act 412 of 1992, is amended to read:
"Section 16-3-85. (A) A person is guilty of homicide by child abuse who:
(1) causes the death of a child under the age of eleven eighteen while committing child abuse or neglect as defined in Section 20-7-490 and the death occurs under circumstances manifesting an extreme indifference to human life; or
(2) knowingly aids and abets another person to commit child abuse or neglect as defined in Section 20-7-490 and the child abuse or neglect results in the death of a child under the age of eleven eighteen.
(B) Homicide by child abuse is a felony and a person who is convicted of or pleads guilty to homicide by child abuse:
(1) under subsection (A)(1) may be imprisoned for life but not less than a term of twenty years; or
(2) under subsection (A)(2) must be imprisoned for a term not exceeding twenty years nor less than ten years.
(C) In sentencing a person under this section the judge shall consider any aggravating circumstances, including, but not limited to, a defendant's past pattern of child abuse or neglect of a child under the age of eleven eighteen, and any mitigating circumstances;. however However, a child's crying does not constitute provocation so as to be considered a mitigating circumstance."
SECTION 2. This act takes effect upon approval by the Governor.