Bill 258

                    Current Status

Bill Number:               258
Ratification Number:       244
Act Number:                159
Introducing Body:          Senate
Subject:                        Crimes of burglary

(A159, R244, S258)

AN ACT TO AMEND SECTION 16-11-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BURGLARY AND TO AMEND ARTICLE 5, CHAPTER 11 OF TITLE 16 RELATING TO OFFENSES AGAINST PROPERTY BY ADDING SECTIONS 16-11-311, 16-11-312 AND 16-11-313 SO AS TO PROVIDE FOR THE CRIMES OF BURGLARY IN THE FIRST, SECOND, AND THIRD DEGREES, ALL OF WHICH ARE FELONIES, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO REPEAL SECTION 16-11-320 RELATING TO THE CRIME OF HOUSEBREAKING WHICH IS NOT BURGLARY.

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

Definition

SECTION 1. Section 16-11-310 of the 1976 Code is amended to read:

"Section 16-11-310. For purposes of Sections 16-11-311 through 16-11-313:

(1) 'Building' means any structure, vehicle, watercraft, or aircraft:

(a) Where any person lodges or lives; or

(b) Where people assemble for purposes of business, government, education, religion, entertainment, public transportation, or public use or where goods are stored. Where a building consists of two or more units separately occupied or secured, each unit is deemed both a separate building in itself and a part of the main building.

(2) 'Dwelling' means its definition found in Section 16-11-10 and also means the living quarters of a building which is used or normally used for sleeping, living, or lodging by a person.

(3) 'Enters a building without consent' means:

(a) To enter a building without the consent of the person in lawful possession; or

(b) To enter a building by using deception, artifice, trick, or misrepresentation to gain consent to enter from the person in lawful possession."

Penalty

SECTION 2. Article 5, Chapter 11, Title 16 of the 1976 Code is amended by adding:

"Section 16-11-311. (A) A person is guilty of burglary in the first degree if the person enters a dwelling without consent and with intent to commit a crime therein, and either:

(1) When, in effecting entry or while in the dwelling or in immediate flight therefrom, he or another participant in the crime:

(a) Is armed with a deadly weapon or explosive; or

(b) Causes physical injury to any person who is not a participant in the crime; or

(c) Uses or threatens the use of a dangerous instrument; or

(d) Displays what is or appears to be a knife, pistol, revolver, rifle, shotgun, machine gun, or other firearm; or

(2) The burglary is committed by a person with a prior record of two or more convictions for burglary or housebreaking or a combination of both; or

(3) The entering or remaining occurs in the nighttime.

(B) Burglary in the first degree is a felony punishable by life imprisonment; provided, that the court, in its discretion, may sentence the defendant to a term of not less than fifteen years, provided, that no person convicted of burglary in the first degree shall be eligible for parole except upon service of not less than one-third of the term of the sentence.

Section 16-11-312. (A) A person is guilty of burglary in the second degree if the person enters a dwelling without consent and with intent to commit a crime therein.

(B) A person is guilty of burglary in the second degree if the person enters a building without consent and with intent to commit a crime therein, and either:

(1) When, in effecting entry or while in the building or in immediate flight therefrom, he or another participant in the crime:

(a) Is armed with a deadly weapon or explosive; or

(b) Causes physical injury to any person who is not a participant in the crime; or

(c) Uses or threatens the use of a dangerous instrument; or

(d) Displays what is or appears to be a knife, pistol, revolver, rifle, shotgun, machine gun, or other firearm; or

(2) The burglary is committed by a person with a prior record of two or more convictions for burglary or housebreaking or a combination of both; or

(3) The entering or remaining occurs in the nighttime.

(C) Burglary in the second degree is a felony punishable by imprisonment for not more than fifteen years, provided, that no person convicted of burglary in the second degree shall be eligible for parole except upon service of not less than one-third of the term of the sentence.

Section 16-11-313. (A) A person is guilty of burglary in the third degree if the person enters a building without consent and with intent to commit a crime therein.

(B) Burglary in the third degree is a felony punishable by imprisonment for not more than five years for conviction on a first offense and for not more than ten years for conviction of a second offense according to the discretion of the Court."

Burglary

SECTION 3. Burglary as used in Section 16-1-10 means burglary of any degree.

Repeal

SECTION 4. Section 16-11-320 of the 1976 Code is repealed.

Pending proceedings saved and consummated

SECTION 5. All proceedings pending and all rights and liabilities existing, acquired, or incurred at the time this act takes effect are saved and may be consummated according to the law in force when they are commenced. This act may not be construed to affect any prosecution pending or begun before the effective date of this act.

Time effective

SECTION 6. This act shall take effect upon approval by the Governor.