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H. 3130
STATUS INFORMATION
General Bill
Sponsors: Reps. W.D. Smith, M.A. Pitts, Haskins, Kirsh and Sandifer
Document Path: l:\council\bills\ms\7079ahb07.doc
Introduced in the House on January 9, 2007
Currently residing in the House Committee on Judiciary
Summary: Murder
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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12/13/2006 House Prefiled
12/13/2006 House Referred to Committee on Judiciary
1/9/2007 House Introduced and read first time HJ-72
1/9/2007 House Referred to Committee on Judiciary HJ-72
View the latest legislative information at the LPITS web site
VERSIONS OF THIS 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 INCLUDE AS A SEPARATE AGGRAVATING CIRCUMSTANCE WHICH MAY BE CONSIDERED IN THE DETERMINATION OF WHETHER THE DEATH PENALTY MAY BE IMPOSED, A MURDER OF A PERSON'S SPOUSE WHILE THE PERSON IS SUBJECT TO A VALID ORDER OF PROTECTION, THE PERSON IS VIOLATING A CONDITION OF BOND, OR THE PERSON IS VIOLATING A RESTRAINING ORDER AND THE MURDER OF A PERSON'S SPOUSE IF THE PERSON HAS A PRIOR CONVICTION FOR CRIMINAL DOMESTIC VIOLENCE INVOLVING THE SAME 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 342 of 2006, is further amended by adding appropriately numbered items at the end to read:
"( ) The murder of a person's spouse while the person is:
(a) subject to the provisions of a valid order of protection pursuant to Chapter 4, Title 20;
(b) violating a condition of bond; or
(c) violating a restraining order pursuant to Article 17, Chapter 3, Title 16.
( ) The murder of a person's spouse if the person has a prior conviction for criminal domestic violence involving the same victim pursuant to Chapter 25, Title 16."
SECTION 2. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 3. This act takes effect upon approval by the Governor.
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