South Carolina General Assembly
109th Session, 1991-1992

Bill 338


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               Senate
Bill Number:                    338
Primary Sponsor:                Wilson
Type of Legislation:            GB
Subject:                        Armed robbery
Residing Body:                  Senate
Current Committee:              Judiciary
Computer Document Number:       338
Introduced Date:                Jan 08, 1991
Last History Body:              Senate
Last History Date:              Apr 10, 1991
Last History Type:              Committee Report:   Favorable
Scope of Legislation:           Statewide
All Sponsors:                   Wilson
                                Giese
Type of Legislation:            General Bill



History


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 338   Senate  Apr 10, 1991  Committee Report: Favorable     11
 338   Senate  Jan 08, 1991  Introduced and read first       11
                             time, referred to Committee
 338   Senate  Dec 03, 1990  Prefiled, referred to           11
                             Committee

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

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

April 10, 1991

S. 338

Introduced by SENATORS Wilson and Giese

S. Printed 4/10/91--S.

Read the first time January 8, 1991.

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (S. 338), to amend Section 16-11-330, Code of Laws of South Carolina, 1976, relating to the crimes of armed robbery and attempted armed robbery, etc., respectfully

REPORT:

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

ADDISON G. WILSON, for Committee.

A BILL

TO AMEND SECTION 16-11-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIMES OF ARMED ROBBERY AND ATTEMPTED ARMED ROBBERY, SO AS TO EXTEND THE OFFENSE TO CASES IN WHICH A PERSON ALLEGES HE IS ARMED WHILE USING A REPRESENTATION OF A DEADLY WEAPON OR ANY OTHER OBJECT WHICH A PERSON MAY REASONABLY BELIEVE TO BE A DEADLY WEAPON.

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

SECTION 1. Section 16-11-330 of the 1976 Code is amended to read:

"Section 16-11-330. (1) Any person convicted for the crime of robbery while armed with a pistol, dirk, slingshot, metal knuckles, razor, or other deadly weapon or who alleged he was armed, either by action or words, while using a represenatation of a deadly weapon or any object which a person may reasonably believe to be a deadly weapon shall suffer punishment by imprisonment at hard labor for a term of not less than ten years nor more than twenty-five years, in the discretion of the judge, no part of which may be suspended. No person convicted under the provisions of this subsection shall be is eligible for parole until he has served at least seven years of his sentence.

Provided, that any Any person under the age of twenty-one sentenced under the provisions of Chapter 19 of Title 24 (the Youthful Offenders Act) for the crime of armed robbery shall receive and serve a minimum of at least three years, no part of which shall may be suspended. No such person shall be is eligible for parole or probation until he has served such the three-year minimum sentence.

Provided, further, that notwithstanding any other provision of law, no No person between the ages of twenty-one and twenty-five who is convicted of the crime of armed robbery may be sentenced under the provisions of Chapter 19 of Title 24 (the Youthful Offenders Act).

(2) Any person convicted for the crime of attempted robbery while armed with a pistol, dirk, slingshot, metal knuckles, razor, or other deadly weapon or who alleged he was armed, either by action or words, while using a facsimile of a deadly weapon or any object which a person may reasonably believe to be a deadly weapon shall suffer punishment by imprisonment at hard labor for a term of not more than twenty years, in the discretion of the judge."

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

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