South Carolina General Assembly
114th Session, 2001-2002

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Bill 478


                    Current Status

Bill Number:                      478
Ratification Number:              185
Act Number:                       176
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20010322
Primary Sponsor:                  McConnell
All Sponsors:                     McConnell
Drafted Document Number:          l:\s-jud\bills\mcconnell\jud0049.gfm.doc
Date Bill Passed both Bodies:     20020208
Date of Last Amendment:           20010503
Governor's Action:                S
Date of Governor's Action:        20020305
Subject:                          Vulnerable adult, abuse or neglect of 
                                  resulting in death, life imprisonment without 
                                  parole; Courts, Crimes, Aging


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
------  20020311  Act No. A176
------  20020305  Signed by Governor
------  20020227  Ratified R185
House   20020208  Read third time, enrolled for
                  ratification
House   20020207  Read second time, unanimous consent
                  for third reading on the next
                  Legislative day
House   20020206  Committee report: Favorable            25 HJ
House   20010509  Introduced, read first time,           25 HJ
                  referred to Committee
Senate  20010508  Read third time, sent to House
Senate  20010503  Read second time, notice of
                  general amendments
Senate  20010503  Committee amendment adopted
Senate  20010502  Committee report: Favorable with       11 SJ
                  amendment
Senate  20010322  Introduced, read first time,           11 SJ
                  referred to Committee


              Versions of This Bill
Revised on May 2, 2001 - Word format
Revised on May 3, 2001 - Word format
Revised on February 6, 2002 - Word format

View additional legislative information at the LPITS web site.


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

(A176, R185, S478)

AN ACT TO AMEND SECTION 17-25-45, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION OF A LIFE SENTENCE UPON A PERSON CONVICTED OF CRIMES CLASSIFIED AS MOST SERIOUS OR SERIOUS OFFENSES, SO AS TO ADD ABUSE OR NEGLECT OF A VULNERABLE ADULT THAT RESULTS IN DEATH TO THE LIST OF MOST SERIOUS OFFENSES, AND TO ADD ABUSE OR NEGLECT OF A VULNERABLE ADULT WHICH RESULTS IN GREAT BODILY INJURY TO THE LIST OF SERIOUS OFFENSES; AND TO AMEND SECTION 16-1-60, AS AMENDED, RELATING TO VIOLENT CRIMES, SO AS TO PROVIDE THAT BOTH "NEGLECT OF A VULNERABLE ADULT WHICH RESULTS IN DEATH" AND "ABUSE OR NEGLECT OF A VULNERABLE ADULT WHICH RESULTS IN GREAT BODILY INJURY" ARE VIOLENT CRIMES.

Be it enacted by the General Assembly of the State of South Carolina:

Most serious offenses

SECTION 1. Section 17-25-45(C)(1) of the 1976 Code, as last amended by Act 402 of 1998, is further amended to read:

"(1) 'Most serious offense' means:

16-1-40 Accessory, for any offense enumerated in this item

16-1-80 Attempt, for any offense enumerated in this item

16-3-10 Murder

16-3-30 Killing by poison

16-3-40 Killing by stabbing or thrusting

16-3-50 Voluntary manslaughter

16-3-85(A)(1) Homicide by child abuse

16-3-85(A)(2) Aiding and abetting homicide by child abuse

16-3-210 Lynching, First degree

16-3-430 Killing in a duel

16-3-620 Assault and battery with intent to kill

16-3-652 Criminal sexual conduct, First degree

16-3-653 Criminal sexual conduct, Second degree

16-3-655 Criminal sexual conduct with minors, except where evidence is presented at the criminal proceeding and the court, after the conviction, makes a specific finding on the record that the conviction obtained for this offense resulted from consensual sexual conduct where the victim was younger than the actor, as contained in Section 16-3-655(3)

16-3-656 Assault with intent to commit criminal sexual conduct, First and Second degree

16-3-910 Kidnapping

16-3-920 Conspiracy to commit kidnapping

16-3-1075 Carjacking

16-11-110(A) Arson, First degree

16-11-311 Burglary, First degree

16-11-330(A) Armed robbery

16-11-330(B) Attempted armed robbery

16-11-540 Damaging or destroying building, vehicle, or other property by means of explosive incendiary, death results

24-13-450 Taking of a hostage by an inmate

25-7-30 Giving information respecting national or state defense to foreign contacts during war

25-7-40 Gathering information for an enemy

43-35-85(F) Abuse or neglect of a vulnerable adult resulting in death

55-1-30(3) Unlawful removing or damaging of airport facility or equipment when death results

56-5-1030(B)(3) Interference with traffic control devices or railroad signs or signals prohibited when death results from violation

58-17-4090 Obstruction of railroad, death results."

Serious offenses

SECTION 2. Section 17-25-45(C)(2)(c) of the 1976 Code, as last amended by Act 113 of 1997, is further amended to read:

"(c) the offenses enumerated below:

16-1-40 Accessory before the fact for any of the offenses listed in subitems (a) and (b)

16-1-80 Attempt to commit any of the offenses listed in subitems (a) and (b)

43-35-85(E) Abuse or neglect of a vulnerable adult resulting in great bodily injury."

Violent crimes

SECTION 3. Section 16-1-60 of the 1976 Code, as last amended by Act 261 of 2000, 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)); abuse or neglect of a vulnerable adult resulting in death (Section 43-35-85(F)); abuse or neglect of a vulnerable adult resulting in great bodily injury (Section 43-35-85(E)); accessory before the fact to commit any of the above offenses (Section 16-1-40); attempt to commit any of the above offenses (Section 16-1-80); and taking of a hostage by an inmate (Section 24-13-450). 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 27th day of February, 2002.

Approved the 5th day of March, 2002.

__________


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