South Carolina General Assembly
112th Session, 1997-1998

Bill 4462


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                    4462
Type of Legislation:            General Bill GB
Introducing Body:               House
Introduced Date:                19980121
Primary Sponsor:                Limehouse
All Sponsors:                   Limehouse, Klauber, Campsen,
                                Vaughn, McMaster, Cromer, Tripp,
                                Whatley, Harrell, Leach, Witherspoon,
                                Altman, Hamilton, Cato, Stoddard and
                                Easterday 
Drafted Document Number:        dka\4688cm.98
Residing Body:                  Senate
Current Committee:              Judiciary Committee 11 SJ
Date of Last Amendment:         19980507
Subject:                        Deadly force, use of justified
                                during burglary or robbery of motor
                                vehicle; Crimes and Offenses

History

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 Committee


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

AMENDED

May 7, 1998

H. 4462

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.

A BILL

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:

"Article 2

Use of Deadly Force During the Burglary

or Robbery of a Motor Vehicle

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.

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