Bill 1124

                    Current Status

Bill Number:                       1124
Type of Legislation:               General Bill GB
Introducing Body:                  Senate
Introduced Date:                   19960213
Primary Sponsor:                   Fair 
All Sponsors:                      Fair 
Drafted Document Number:           pt\2142cm.96
Companion Bill Number:             4464
Residing Body:                     House
Current Committee:                 Judiciary Committee 25 HJ
Subject:                           Homicide by child abuse

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

House   19960424  Introduced, read first time,             25 HJ
                  referred to Committee
Senate  19960423  Read third time, sent to House
Senate  19960416  Read second time
Senate  19960410  Committee report: Favorable              11 SJ
Senate  19960213  Introduced, read first time,             11 SJ
                  referred to Committee

Indicates Matter Stricken
Indicates New Matter

COMMITTEE REPORT

April 10, 1996

S. 1124

S. Printed 4/10/96--S.

Read the first time February 13, 1996.

To whom was referred a Bill (S. 1124), to amend Section 16-3-85, as amended, Code of Laws of South Carolina, 1976, relating to homicide by child abuse, etc., respectfully

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

C. TYRONE COURTNEY, for Committee.

A BILL

TO AMEND SECTION 16-3-85, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA 1976, RELATING TO HOMICIDE BY CHILD ABUSE, SO AS TO REVISE THE AGE OF A VICTIM OF THIS OFFENSE.

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

SECTION 1. Section 16-3-85 of the 1976 Code, as added by Act 412 of 1992, is amended to read:

"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 eighteen 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 eighteen.

(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 eighteen, and any mitigating circumstances;. however However, a child's crying does not constitute provocation so as to be considered a mitigating circumstance."

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