Current Status Bill Number:
4462Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19980121Primary Sponsor: LimehouseAll Sponsors: Limehouse, Klauber, Campsen, Vaughn, McMaster, Cromer, Tripp, Whatley, Harrell, Leach, Witherspoon, Altman, Hamilton, Cato, Stoddard and EasterdayDrafted Document Number: dka\4688cm.98Residing Body: SenateCurrent Committee: Judiciary Committee 11 SJDate of Last Amendment: 19980507Subject: Deadly force, use of justified during burglary or robbery of motor vehicle; Crimes and Offenses
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ Senate 19980513 Introduced, read first time, 11 SJ referred to Committee House 19980512 Read third time, sent to Senate House 19980507 Amended, read second time House 19980506 Debate adjourned until Thursday, 19980507 House 19980505 Request for debate by Representative Scott Neal Lloyd Pinckney Gourdine McMahand Mack House 19980429 Committee report: Favorable with 25 HJ amendment House 19980121 Introduced, read first time, 25 HJ referred to CommitteeView additional legislative information at the LPITS web site.
May 7, 1998
Introduced by Reps. Limehouse, Klauber, Campsen, Vaughn, McMaster, Cromer, Tripp, Whatley, Harrell, Leach, Witherspoon, Altman, Hamilton, Cato, Stoddard and Easterday
S. Printed 5/7/98--H.
Read the first time January 21, 1998.
TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST A PERSON, BY ADDING ARTICLE 2 SO AS TO PROVIDE THAT THE USE OF DEADLY FORCE IS JUSTIFIED WHEN A PERSON BELIEVES UNLAWFUL FORCE IS BEING USED AGAINST HIM TO COMMIT OR ATTEMPT TO COMMIT THE BURGLARY OR ROBBERY OF A MOTOR VEHICLE; AND BY ADDING SECTION 16-3-90 SO AS TO PROVIDE THAT WHEN A DEATH RESULTS FROM INJURIES RECEIVED FROM THE DRIVING OF MOTOR VEHICLES STOLEN PURSUANT TO UNLAWFUL FORCE, THEN THE PERSON USING UNLAWFUL FORCE IS GUILTY OF MURDER, AND TO PROVIDE A PENALTY.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 3, Title 16 of the 1976 Code is amended by adding:
Section 16-3-100. (A) Notwithstanding another provision of law, a person may use deadly force against another person when the person reasonably believes the other person is using or attempting to use unlawful force against him or a person present in a motor vehicle to commit or attempt to commit a burglary or robbery of a motor vehicle.
(B) The use of deadly force pursuant to subsection (A) is justifiable even though the person using deadly force does not retreat from the encounter."
SECTION 2. The 1976 Code is amended by adding:
"Section 16-3-90. When the death of a person proximately results from injuries received during the theft of a motor vehicle stolen pursuant to the use or attempted use of unlawful force against the operator of the motor vehicle, or an individual present in the motor vehicle, then the person using unlawful force is guilty of murder or voluntary manslaughter or involuntary manslaughter and, upon conviction, must be punished pursuant to the provisions of Section 16-3-20 or 16-3-50 or 16-3-60."
SECTION 3. This act takes effect upon approval by the Governor.