Indicates Matter Stricken

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Committee Report

March 26, 2025

 

S. 270

 

Introduced by Senators Alexander, Hembree and Adams

 

S. Printed 3/26/25--S.

Read the first time January 28, 2025

 

________

 

The committee on Senate Judiciary

To whom was referred a Bill (S. 270) to amend the South Carolina Code of Laws by amending Section 16-3-29, relating to attempted murder, so as to define attempted murder as committing an unlawful act, etc., respectfully

Report:

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

 

    Amend the bill, as and if amended, SECTION 1, by striking Section 16-3-29 and inserting:

    Section 16-3-29. A person who, with intent to kill, attempts to kill another person with malice aforethought, either expressed or implied, commits the offense of attempted murder. , with malice express or implied, commits an unlawful act of a violent nature that causes injury or is likely to cause injury to another person with malice, expressed or implied, is guilty of the crime of attempted murder. An "unlawful act of a violent nature" is any act directed towards another person that, if completed, would have been likely to cause death or great bodily injury. Where injury is caused to a person other than the target of the act, malice toward the target person may be transferred to the actual victim. A person who violates this section is guilty of a felony, and, upon conviction, must be imprisoned for not more than thirty years for each violation of this section. A sentence imposed pursuant to this section may not be suspended nor may probation be granted.

Amend the bill further, by adding an appropriately numbered SECTION to read:

SECTION X. Section 16-3-600(C) of the S.C. Code is amended to read:

 

    (C)(1) A person commits the offense of assault and battery in the first degree if the person unlawfully:

           (a) injures another person, and the act:

               (i) involves nonconsensual touching of the private parts of a person, either under or above clothing, with lewd and lascivious intent;  or

               (ii) occurred during the commission of a robbery, burglary, kidnapping, or theft;  or

           (b) offers or attempts to injure another person with the present ability to do so, and the act:

               (i) is accomplished by means likely to produce death or great bodily injury;  or

               (ii) occurred during the commission of a robbery, burglary, kidnapping, or theft.

       (2) A person who violates this subsection is guilty of a felony, and, upon conviction, must be imprisoned for not more than ten years.

       (3) Assault and battery in the first degree is a lesser-included offense of assault and battery of a high and aggravated nature, as defined in subsection (B)(1), and attempted murder, as defined in Section 16-3-29.

Renumber sections to conform.

Amend title to conform.

 

LUKE RANKIN for Committee.

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 16-3-29, RELATING TO ATTEMPTED MURDER, SO AS TO DEFINE ATTEMPTED MURDER AS COMMITTING AN UNLAWFUL ACT OF A VIOLENT NATURE THAT CAUSES INJURY TO ANOTHER WITH MALICE.

 

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

 

SECTION 1.  Section 16-3-29 of the S.C. Code is amended to read:

 

    Section 16-3-29. A person who, with intent to kill, attempts to kill another person with malice aforethought, either expressed or implied, commits the offense of attempted murder. commits an unlawful act of a violent nature that causes injury to another person with malice, expressed or implied, is guilty of the crime of attempted murder. A person who violates this section is guilty of a felony, and, upon conviction, must be imprisoned for not more than thirty years for each violation of this section. A sentence imposed pursuant to this section may not be suspended nor may probation be granted.

 

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

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