Current Status Bill Number:41 Ratification Number:38 Act Number:14 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19970114 Primary Sponsor:Short All Sponsors:Short Drafted Document Number:s-res\short\res1049.lhs Date Bill Passed both Bodies:19970326 Governor's Action:S Date of Governor's Action:19970423 Subject:Child endangerment, person guilty of when fail to stop for blue light; crimes and offenses, minors
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
------ 19970509 Act No. A14
------ 19970423 Signed by Governor
------ 19970417 Ratified R38
House 19970326 Read third time, enrolled for
ratification
House 19970325 Read second time
House 19970319 Committee report: Favorable 25 HJ
House 19970218 Introduced, read first time, 25 HJ
referred to Committee
Senate 19970213 Read third time, sent to House
Senate 19970212 Read second time
Senate 19970211 Committee report: Favorable 15 ST
Senate 19970114 Introduced, read first time, 15 ST
referred to Committee
View additional legislative information at the LPITS web site.
(A14, R38, S41)
AN ACT TO AMEND SECTION 56-5-2947, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF CHILD ENDANGERMENT, SO AS TO INCLUDE A VIOLATION OF SECTION 56-5-750, RELATING TO THE OFFENSE OF FAILING TO STOP FOR A BLUE LIGHT.
Be it enacted by the General Assembly of the State of South Carolina:
Child endangerment; offense added
SECTION 1. Section 56-5-2947 of the 1976 Code, as added by Act 81 of 1995, is amended to read:
"Section 56-5-2947. (A) A person eighteen years of age or over is guilty of child endangerment when:
(1) the person is in violation of:
(a) Section 56-5-750;
(b) Section 56-5-2930; or
(c) Section 56-5-2945; and
(2) the person has one or more passengers under sixteen years of age in the motor vehicle when the violation occurs.
If more than one passenger under sixteen years of age is in the vehicle when a violation of subsection (A)(1) occurs, the person may be charged with only one violation of this section.
(B) Upon conviction the person must be punished by:
(1) a fine of not more than one-half of the maximum fine allowed for committing the violation enumerated in subsection(A)(1), when the person is fined for that offense;
(2) a term of imprisonment of not more than one-half of the maximum term of imprisonment allowed for committing the violation enumerated in subsection (A)(1), when the person is imprisoned for the offense; or
(3) both a fine and imprisonment as prescribed in items (1) and (2) when the person is fined and imprisoned for the offense.
(C) No portion of the penalty assessed under subsection (B) may be suspended or revoked and probation may not be awarded.
(D) In addition to imposing the penalties for offenses enumerated in subsection (A)(1) and the penalties contained in subsection (B), the department must suspend the person's driver's license for sixty days. Sections 56-1-1320 and 56-5-2990 as they relate to enrollment in an alcohol and drug safety action program and to the issuance of a provisional driver's license will not be effective until the sixty-day suspension period is completed.
(E) A person may be convicted under this section for child endangerment in addition to being convicted for an offense enumerated in subsection (A)(1).
(F) The court that has jurisdiction over an offense enumerated in subsection (A)(1) has jurisdiction over the offense of child endangerment.
(G) A first offense charge for a violation of this section may not be used as the only evidence for taking a child into protective custody pursuant to Section 20-7-610(A) and (F)."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 23rd day of April, 1997.