South Carolina General Assembly
113th Session, 1999-2000

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Bill 4388

Indicates Matter Stricken
Indicates New Matter

                    Current Status

Bill Number:                      4388
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20000111
Primary Sponsor:                  Seithel
All Sponsors:                     Seithel, Gamble, Meacham-Richardson, 
                                  Simrill
Drafted Document Number:          l:\council\bills\skb\18102som00.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Murder, aggravating circumstances when 
                                  death penalty imposed, protection order; 
                                  Crimes and Offenses, Execution


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20000111  Introduced, read first time,           25 HJ
                  referred to Committee
House   20000105  Prefiled, referred to Committee        25 HJ


                             Versions of This Bill
View additional legislative information at the LPITS web site.

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

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 ADD AS SEPARATE AGGRAVATING CIRCUMSTANCES, WHICH MAY BE CONSIDERED IN THE DETERMINATION OF THE SENTENCE TO BE IMPOSED, A MURDER COMMITTED IN VIOLATION OF A PROTECTIVE ORDER OR A RESTRAINING ORDER, AND A MURDER COMMITTED AGAINST A HOUSEHOLD MEMBER WHEN THE DEFENDANT HAD A PRIOR CONVICTION FOR COMMITTING CERTAIN LISTED OFFENSES AGAINST THE HOUSEHOLD MEMBER 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 317 of 1996, is further amended by adding appropriately numbered subitems to read:

"( ) The murder was committed in violation of:

(1) a valid order of protection in effect at the time of the murder whether issued:

(a) pursuant to Chapter 4, Title 20, the 'Protection from Domestic Abuse Act'; or

(b) pursuant to a similar provision of law of another jurisdiction;

(2) a valid restraining order in effect at the time of the murder issued as part of a decree pursuant to a family court proceeding; or

(3) a restraining order in effect at the time of the murder issued pursuant to Section 16-3-1750 against a person engaged in harassment or stalking. However, a violation of an order of protection issued against both the defendant and the victim does not constitute an aggravating circumstance under this section.

( ) The murder was committed against a victim who was a household member as defined in either Section 20-4-20(b) or Section 16-25-10 and the defendant had at least one prior conviction for committing one of the following offenses against the victim:

(1) assault and battery;

(2) assault and battery of a high and aggravated nature;

(3) assault and battery with intent to kill;

(4) an offense listed in Chapter 25, Title 16;

(5) an offense listed in Chapter 3, Title 16; or

(6) an offense of another jurisdiction similar to ones listed in this subitem."

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

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