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S. 25

STATUS INFORMATION

General Bill
Sponsors: Senators Knotts, Mescher, Grooms, Ritchie, Ravenel, Verdin, Kuhn and Branton
Document Path: l:\council\bills\swb\5044cm03.doc

Introduced in the Senate on January 14, 2003
Currently residing in the Senate Committee on Judiciary

Summary: Violent crimes, additional offenses included as

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   12/4/2002  Senate  Prefiled
   12/4/2002  Senate  Referred to Committee on Judiciary
   1/14/2003  Senate  Introduced and read first time SJ-31
   1/14/2003  Senate  Referred to Committee on Judiciary SJ-31

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/4/2002

TO AMEND SECTION 16-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLENT CRIMES, SO AS TO INCLUDE CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE, ASSAULT WITH INTENT TO COMMIT CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE, LYNCHING IN THE SECOND DEGREE, COMMON LAW ROBBERY, COMMITTING AND ATTEMPTING TO COMMIT A LEWD ACT UPON A CHILD UNDER THE AGE OF SIXTEEN, AND CAUSING DEATH BY OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS AS VIOLENT CRIMES.

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

SECTION    1.    Section 16-1-60 of the 1976 Code, as last amended by Act 176 of 2002, 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, and third degree (Sections 16-3-652, and 16-3-653, and 16-3-654); criminal sexual conduct with minors, first and second degree (Section 16-3-655); assault with intent to commit criminal sexual conduct, first, and second, and third degree (Section 16-3-656); assault and battery with intent to kill (Section 16-3-620); kidnapping (Section 16-3-910); voluntary manslaughter (Section 16-3-50); armed robbery (Section 16-11-330(A)); attempted armed robbery (Section 16-11-330(B)); carjacking (Section 16-3-1075); 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)); arson in the second degree (Section 16-11-110(B)); 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)); inflicting great bodily injury upon a child (Section 16-3-95(A)); allowing great bodily injury to be inflicted upon a child (Section 16-3-95(B)); lynching in the second degree (Section 16-3-220); common law robbery (Section 16-11-325);committing and attempting to commit a lewd act upon a child under sixteen (Section 16-15-140); causing death by operating a motor vehicle while under the influence of alcohol or drugs (Section 56-5-2945(A)(2)); abuse or neglect of a vulnerable adult resulting in death (Section 43-35-85(F)); abuse or neglect of a vulnerable adult resulting in great bodily injury (Section 43-35-85(E)); accessory before the fact to commit any of the above offenses (Section 16-1-40); attempt to commit any of the above offenses (Section 16-1-80); and taking of a hostage by an inmate (Section 24-13-450). Only those offenses specifically enumerated in this section are considered violent offenses."

SECTION    2.    All proceedings pending and all rights and liabilities existing, acquired, or accrued at the time this act takes effect are saved. The provisions of this act apply prospectively to crimes and offenses committed on or after the effective date of this act.

SECTION    3.    This act takes effect upon approval by the Governor.

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