South Carolina General Assembly
117th Session, 2007-2008

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Bill 370

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Indicates New Matter

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

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

May 30, 2007

S. 370

Introduced by Senators Gregory, Vaughn and Knotts

S. Printed 5/30/07--H.

Read the first time April 10, 2007.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (S. 370) 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 arson, etc., respectfully

REPORT:

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

JAMES H. HARRISON for Committee.

            

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 ARSON IN THE FIRST DEGREE TO THE LIST OF CRIMES INCLUDED IN THE STATUTORY AGGRAVATING CIRCUMSTANCES FOR PURPOSES OF THE DEATH PENALTY.

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

SECTION    1.    Section 16-3-20(C)(a)(1) of the 1976 Code is amended to read:

"(1)    The murder was committed while in the commission of the following crimes or acts:

(a)    criminal sexual conduct in any degree;

(b)    kidnapping;

(c)    burglary in any degree;

(d)    robbery while armed with a deadly weapon;

(e)    larceny with use of a deadly weapon;

(f)    killing by poison;

(g)    drug trafficking as defined in Section 44-53-370(e), 44-53-375(B), 44-53-440, or 44-53-445;

(h)    physical torture; or

(i)        dismemberment of a person.; or

(j)        arson in the first degree as defined in Section 16-11-110(A)."

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founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action,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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