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Current Status Bill Number:View additional legislative information at the LPITS web site.3555 Ratification Number:282 Act Number:261 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19990217 Primary Sponsor:Allison All Sponsors:Allison, Rodgers Drafted Document Number:l:\council\bills\psd\7231ac99.doc Date Bill Passed both Bodies:20000413 Date of Last Amendment:20000330 Governor's Action:S Date of Governor's Action:20000501 Subject:Minors, child abused, neglected; inflicting great bodily harm upon a violent crime; abuse resulting in death History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20000516 Act No. A261 ------ 20000501 Signed by Governor ------ 20000426 Ratified R282 Senate 20000413 Concurred in House amendment, enrolled for ratification House 20000330 Senate amendments amended, returned to Senate with amendment Senate 20000328 Read third time, returned to House with amendment Senate 20000323 Amended, read second time Senate 20000322 Committee report: Favorable with 11 SJ amendment Senate 20000301 Introduced, read first time, 11 SJ referred to Committee House 20000229 Request for debate withdrawn by Representative Scott House 20000229 Read third time, sent to Senate House 20000224 Amended, read second time House 20000223 Request for debate withdrawn by Representative Allison House 20000216 Request for debate by Representative Scott Cobb-Hunter Lloyd Hosey Bales Moody- Lawrence R. Smith Sharpe Mack Perry Lanford Allison House 20000210 Committee report: Favorable 25 HJ with amendment House 19990304 Co-Sponsor added (Rule 5.2) by Rep. Rodgers House 19990217 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill Revised on February 10, 2000 - Word format Revised on February 24, 2000 - Word format Revised on March 22, 2000 - Word format Revised on March 23, 2000 - Word format Revised on March 30, 2000 - Word format
(A261, R282, H3555)
AN ACT TO AMEND SECTION 16-3-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOMICIDE BY CHILD ABUSE, SO AS TO DEFINE THE TERMS "CHILD ABUSE OR NEGLECT" AND "HARM"; BY ADDING SECTION 16-3-95 SO AS TO CREATE FELONY OFFENSES FOR INFLICTING OR KNOWINGLY ALLOWING ANOTHER TO INFLICT GREAT BODILY INJURY UPON A CHILD, TO PROVIDE AN EXCEPTION FOR CORPORAL PUNISHMENT OR PHYSICAL DISCIPLINE ADMINISTERED BY A PARENT OR PERSON IN LOCO-PARENTIS IN A MANNER WHICH DOES NOT CAUSE GREAT BODILY INJURY, AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 16-1-60, AS AMENDED, RELATING TO OFFENSES WHICH ARE DEFINED AS VIOLENT CRIMES, SO AS TO INCLUDE THE INFLICTION OR ALLOWING THE INFLICTION OF GREAT BODILY INJURY UPON A CHILD.
Be it enacted by the General Assembly of the State of South Carolina:
Homicide by child abuse, terms defined
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 if the person:
(1) causes the death of a child under the age of eleven while committing child abuse or neglect, 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, and the child abuse or neglect results in the death of a child under the age of eleven.
(B) For purposes of this section, the following definitions apply:
(1) 'child abuse or neglect' means an act or omission by any person which causes harm to the child's physical health or welfare;
(2) 'harm' to a child's health or welfare occurs when a person:
(a) inflicts or allows to be inflicted upon the child physical injury, including injuries sustained as a result of excessive corporal punishment;
(b) fails to supply the child with adequate food, clothing, shelter, or health care, and the failure to do so causes a physical injury or condition resulting in death; or
(c) abandons the child resulting in the child's death.
(C) 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.
(D) In sentencing a person under this section, the judge must 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, and any mitigating circumstances; however, a child's crying does not constitute provocation so as to be considered a mitigating circumstance."
Felony offenses created
SECTION 2. The 1976 Code is amended by adding:
"Section 16-3-95. (A) It is unlawful to inflict great bodily injury upon a child. A person who violates this subsection is guilty of a felony and, upon conviction, must be imprisoned not more than twenty years.
(B) It is unlawful for a child's parent or guardian, person with whom the child's parent or guardian is cohabitating, or any other person responsible for a child's welfare as defined in Section 20-7-490(5) knowingly to allow another person to inflict great bodily injury upon a child. A person who violates this subsection is guilty of a felony and, upon conviction, must be imprisoned not more than five years.
(C) For purposes of this section, 'great bodily injury' means bodily injury which creates a substantial risk of death or which causes serious or permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
(D) This section may not be construed to prohibit corporal punishment or physical discipline which is administered by a parent or person in loco parentis in a manner which does not cause great bodily injury upon a child.
(E) This section does not apply to traffic accidents unless the accident was caused by the driver's reckless disregard for the safety of others."
Violent crimes; crime added
SECTION 3. Section 16-1-60 of the 1976 Code, as last amended by Act 402 of 1998, is further amended to read:
"Section 16-1-60. For purposes of definition under South Carolina law, a violent crime includes the offenses of murder (Section 16-3-10); criminal sexual conduct in the first and second degree (Sections 16-3-652 and 16-3-653); criminal sexual conduct with minors, first and second degree (Section 16-3-655); assault with intent to commit criminal sexual conduct, first and second degree (Section 16-3-656); assault and battery with intent to kill (Section 16-3-620); kidnapping (Section 16-3-910); voluntary manslaughter (Section 16-3-50); armed robbery (Section 16-11-330(A)); attempted armed robbery (Section 16-11-330(B)); carjacking (Section 16-3-1075); drug trafficking as defined in Sections 44-53-370(e) and 44-53-375(C); arson in the first degree (Section 16-11-110(A)); arson in the second degree (Section 16-11-110(B)); burglary in the first degree (Section 16-11-311); burglary in the second degree (Section 16-11-312 (B)); engaging a child for a sexual performance (Section 16-3-810); homicide by child abuse (Section 16-3-85(A)(1)); aiding and abetting homicide by child abuse (Section 16-3-85(A)(2)); inflicting great bodily injury upon a child (Section 16-3-95(A)); allowing great bodily injury to be inflicted upon a child (Section 16-3-95(B)); accessory before the fact to commit any of the above offenses (Section 16-1-40); and attempt to commit any of the above offenses (Section 16-1-80). Only those offenses specifically enumerated in this section are considered violent offenses."
Time effective
SECTION 4. This act takes effect upon approval by the Governor.
Ratified the 26th day of April, 2000.
Approved the 1st day of May, 2000.
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