South Carolina General Assembly
109th Session, 1991-1992

Bill 1308


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               Senate
Bill Number:                    1308
Primary Sponsor:                Nell W. Smith
Committee Number:               25
Type of Legislation:            GB
Subject:                        Homicide by child abuse
Residing Body:                  House
Current Committee:              Judiciary
Companion Bill Number:          4432
Computer Document Number:       BR1/2130.AC
Introduced Date:                Feb 19, 1992
Date of Last Amendment:         Mar 11, 1992
Last History Body:              House
Last History Date:              Mar 17, 1992
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   Nell
                                W. Smith
                                Mullinax
                                Moore
Type of Legislation:            General Bill



History


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 1308  House   Mar 17, 1992  Introduced, read first time,    25
                             referred to Committee
 1308  Senate  Mar 12, 1992  Read third time, sent to House
 1308  Senate  Mar 11, 1992  Amended, read second time
 1308  Senate  Mar 05, 1992  Amended
 1308  Senate  Mar 04, 1992  Committee Report: Favorable     11
                             with amendment
 1308  Senate  Feb 19, 1992  Introduced, read first time,    11
                             referred to Committee

View additional legislative information at the LPITS web site.


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

AMENDED

March 11, 1992

S. 1308

Introduced by SENATORS Nell W. Smith, Mullinax and Moore

S. Printed 3/11/92--S.

Read the first time February 19, 1992.

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-85 SO AS TO CREATE THE FELONY CRIMINAL OFFENSE OF HOMICIDE BY CHILD ABUSE, TO PROVIDE FOR THE CONSIDERATION OF AGGRAVATING AND MITIGATING CIRCUMSTANCES, AND TO PROVIDE PENALTIES.

Amend Title To Conform

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

SECTION 1. The 1976 Code is amended by adding:

"Section 16-3-85. (A) A person is guilty of homicide by child abuse who:

(1) causes the death of a child under the age of eleven while committing child abuse or neglect as defined in Section 20-7-490 and the death occurs under circumstances manifesting an extreme indifference to human life; or

(2) knowingly aids and abets another person to commit child abuse or neglect as defined in Section 20-7-490 and the child abuse or neglect results in the death of a child under the age of eleven.

(B) Homicide by child abuse is a felony and a person who is convicted of or pleads guilty to homicide by child abuse:

(1) under subsection (A)(1) may be imprisoned for life but not less than a term of twenty years; or

(2) under subsection (A)(2) must be imprisoned for a term not exceeding twenty years nor less than ten years.

(C) In sentencing a person under this section the judge shall consider any aggravating circumstances, including, but not limited to, a defendant's past pattern of child abuse or neglect of a child under the age of eleven, and any mitigating circumstances; however, a child's crying does not constitute provocation so as to be considered a mitigating circumstance."

SECTION 2. The felony crime created by Section 16-3-85 of the 1976 Code as contained in Section 1 of this act is added to the list of crimes classified as felonies pursuant to Section 16-1-10 of the 1976 Code.

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

-----XX-----