South Carolina General Assembly
112th Session, 1997-1998

Bill 3086


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                       3086
Type of Legislation:               General Bill GB
Introducing Body:                  House
Introduced Date:                   19970114
Primary Sponsor:                   Davenport 
All Sponsors:                      Davenport, Cotty, Walker,
                                   Altman, Whatley, Sandifer, Vaughn,
                                   Wilkes, Stuart, Harrell, Riser,
                                   Gamble and Haskins 
Drafted Document Number:           pt\2759ac.97
Residing Body:                     Senate
Current Committee:                 Judiciary Committee 11 SJ
Date of Last Amendment:            19970212
Subject:                           Felony, no civil liability for
                                   injury or damage sustained by person
                                   who committed; civil action, courts,
                                   torts



History


Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________
Senate  19970218  Introduced, read first time,             11 SJ
                  referred to Committee
House   19970213  Read third time, sent to Senate
House   19970212  Amended, read second time
House   19970211  Debate adjourned until Wednesday,
                  19970212
House   19970205  Committee report: Favorable with         25 HJ
                  amendment
House   19970114  Introduced, read first time,             25 HJ
                  referred to Committee
House   19961218  Prefiled, referred to Committee          25 HJ

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

AMENDED

February 12, 1997

H. 3086

Introduced by Reps. Davenport, Cotty, Walker, Altman, Whatley, Sandifer, Vaughn, Wilkes, Stuart, Harrell, Riser, Gamble and Haskins

S. Printed 2/12/97--H.

Read the first time January 14, 1997.

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-160 SO AS TO PROVIDE THAT THERE IS NO LIABILITY FOR DAMAGES OR INJURY SUSTAINED BY A PERSON WHO HAS COMMITTED A FELONY WHEN THE PERSON IS INJURED OR DIES FROM INJURIES SUSTAINED WHILE COMMITTING THE CRIME.

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 15-3-60. (A) On or after July 1, 1997, no person, his estate, or his personal representative shall have a right to recover damages for a personal injury resulting from the commission of or during immediate flight from an act which is defined by any law of this State or United States to be a felony, if the conditions stipulated in this section apply.

(B)(1) If the injured person has been convicted of or plead guilty or nolo contendere to the felony or has been adjudicated delinquent as a result of the commission of the act, the court shall dismiss the action if the person who caused the injuries acted:

(a) in response to a reasonably apparent commission of a felony and under a reasonable belief that physical force was reasonable and appropriate to prevent injury to himself or to others, using a degree of force which he reasonably believed necessary for that purpose; and

(b) under a reasonable belief that physical force was reasonable and appropriate to prevent the commission of a felony, using a degree of force which he reasonably believed necessary for that purpose.

(2) If the injured person has not been convicted of or did not plead guilty or nolo contendere to a felony or has not been adjudicated delinquent as a result of the commission of the act, the court shall submit to the jury the issue of whether or not, by a preponderance of the evidence, the injured person committed an act which is defined by any law of this State or the United States to be a felony. The court shall dismiss the action if the court or jury determines that the injured person sustained the injury resulting from the commission of or during immediate flight from an act which is defined by any law of this State or the United States to be a felony and that the person who caused the injury acted:

(a) in response to a reasonably apparent commission of a felony and under a reasonable belief that physical force was reasonable and appropriate to prevent injury to himself or to others, using a degree of force which he reasonably believed necessary for that purpose; and

(b) under a reasonable belief that physical force was reasonable and appropriate to prevent the commission of a felony, using a degree of force which he reasonably believed necessary for that purpose.

(C) If a person, his estate, or his personal representative, who sustains a personal injury during the commission of or during the immediate flight from an act which is defined by any law of this State or of the United States to be a felony, recovers monetary damages from another person for personal injury or wrongful death, the person, his estate, or his personal representative shall wholly contribute to the financial expenses necessary for his medical or hospital care while in custody or incarcerated."

SECTION 2. This act takes effect July 1, 1997.

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