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COMMITTEE REPORT
February 10, 2000
H. 3555
S. Printed 2/10/00--H.
Read the first time February 17, 1999.
To whom was referred a Bill (H. 3555), to amend the Code of Laws of South Carolina, 1976, by adding Section 16-3-95 so as to make it unlawful and a felony to inflict or to knowingly allow a person to inflict great bodily harm upon a child, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/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 who if the person:
(1) causes the death of a child under the age of eleven while committing child abuse or neglect, as defined in Section 20-7-490 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, as defined in Section 20-7-490 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.
(B)(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.
(C)(D) In sentencing a person under this section, the judge shall 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."
SECTION 2. The 1976 Code is amended by adding:
"Section 16-3-95. (A) It is unlawful to:
(1) inflict great bodily injury upon a child; or
(2) knowingly allow another person to inflict great bodily injury upon a child.
(B) A person who violates:
(1) subsection (A)(1) is guilty of a felony and, upon conviction, must be imprisoned not more than twenty years; or
(2) subsection (A)(2) 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."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
JAMES H. HARRISON, for Committee.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-95 SO AS TO MAKE IT UNLAWFUL AND A FELONY TO INFLICT OR TO KNOWINGLY ALLOW A PERSON TO INFLICT GREAT BODILY HARM UPON A CHILD AND TO PROVIDE PENALTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 16-3-95. (A) It is unlawful to:
(1) inflict great bodily injury upon a child; or
(2) knowingly allow a person to inflict great bodily injury upon a child.
(B) A person who violates:
(1) subsection (A)(1) is guilty of a felony and, upon conviction, must be imprisoned not more than ten years; or
(2) subsection (A)(2) 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, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ."
SECTION 2. This act takes effect upon approval by the Governor.
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