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Current Status Bill Number:View additional legislative information at the LPITS web site.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
(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.
This web page was last updated on Tuesday, December 8, 2009 at 11:12 A.M.