Current Status Introducing Body:
HouseBill Number: 3164Primary Sponsor: GovanCommittee Number: 11Type of Legislation: GBSubject: Firearm or knife, possession of during crimeResiding Body: SenateCurrent Committee: JudiciaryComputer Document Number: DKA/4162AL.93Introduced Date: 19930119Last History Body: SenateLast History Date: 19930517Last History Type: Introduced, read first time, referred to CommitteeScope of Legislation: StatewideAll Sponsors: Govan Cobb-Hunter Hutson Breeland Wofford White Wilkins Simrill Kennedy Hines Law Chamblee Waldrop Kirsh McMahand A. Young Farr MeachamType of Legislation: General Bill
Bill Body Date Action Description CMN Leg Involved ____ ______ ____________ ______________________________ ___ ____________ 3164 Senate 19930517 Introduced, read first time, 11 referred to Committee 3164 House 19930513 Read third time, sent to Senate 3164 House 19930512 Read second time 3164 House 19930506 Debate adjourned until Wednesday, 19930512 3164 House 19930427 Committee Report: Favorable 25 3164 House 19930119 Introduced, read first time, 25 referred to CommitteeView additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
April 27, 1993
Introduced by REPS. Govan, Cobb-Hunter, Hutson, Breeland, Wofford, White, Wilkins, Simrill, Kennedy, Hines, Law, Chamblee, Waldrop, Kirsh, McMahand, A. Young, Farr and Meacham
S. Printed 4/27/93--H.
Read the first time January 19, 1993.
To whom was referred a Bill (H. 3164), to amend Section 16-23-490, Code of Laws of South Carolina, 1976, relating to additional punishment, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass:
JAMES H. HODGES, for Committee.
TO AMEND SECTION 16-23-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADDITIONAL PUNISHMENT FOR POSSESSING A FIREARM OR KNIFE DURING THE COMMISSION OF A VIOLENT CRIME, SO AS TO INCREASE THE PENALTY FOR VIOLATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-23-490 of the 1976 Code is amended to read:
"Section 16-23-490. Any A person who is convicted of committing or attempting to commit a violent crime as defined in Section 16-1-60, if the person is in possession of a firearm or visibly displays what appears to be a firearm or visibly displays a knife during the commission of the violent crime, shall, in addition to the punishment provided for the crime, must be punished by a term of imprisonment of five for ten years; provided, that this five-year. This ten-year sentence does not apply in cases where the death penalty or a life sentence without parole is imposed for the violent crime. Service of this five-year ten-year sentence is mandatory unless a longer mandatory minimum term of imprisonment is provided by law for the violent crime. The court may impose this mandatory five-year ten-year sentence to run consecutively or concurrently. The person so sentenced under this section is not eligible during this five-year ten-year period for parole, work release, or extended work release. Such five This ten years may not be suspended and the person may not complete his term of imprisonment in less than five ten years pursuant to good-time credits or work credits; however, the person may earn credits during this period.
As used in this section, `firearm' means any machine gun, automatic rifle, revolver, pistol, or any weapon which will, or is designed to, or may readily be converted readily to expel a projectile; `knife' means an instrument or tool consisting of a sharp cutting blade whether or not fastened to a handle which is capable of being used to inflict a cut, slash, or wound.
No such additional punishment may be imposed unless the indictment alleged as a separate count that the person was in possession of a firearm or visibly displayed what appeared to be a firearm or visibly displays displayed a knife during the commission of the violent crime and conviction was had upon this count in the indictment. The penalties prescribed in this section may not be imposed unless the person convicted was at the same time indicted at the same time and convicted of a violent crime as defined in Section 16-1-60."
SECTION 2. This act takes effect upon approval by the Governor.