South Carolina General Assembly
119th Session, 2011-2012

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S. 148

STATUS INFORMATION

General Bill
Sponsors: Senators Campsen, Rose, Verdin, McConnell and Alexander
Document Path: l:\council\bills\nbd\11059ahb11.docx
Companion/Similar bill(s): 3138

Introduced in the Senate on January 11, 2011
Last Amended on March 29, 2012
Currently residing in the Senate

Summary: Home Invasion Protection Act

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   12/1/2010  Senate  Prefiled
   12/1/2010  Senate  Referred to Committee on Judiciary
   1/11/2011  Senate  Introduced and read first time (Senate Journal-page 72)
   1/11/2011  Senate  Referred to Committee on Judiciary 
                        (Senate Journal-page 72)
   11/7/2011  Senate  Referred to Subcommittee: Campsen (ch), Ford, S.Martin
   3/28/2012  Senate  Committee report: Favorable with amendment Judiciary 
                        (Senate Journal-page 12)
   3/29/2012  Senate  Committee Amendment Adopted (Senate Journal-page 33)

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/1/2010
3/28/2012
3/29/2012

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

Indicates Matter Stricken

Indicates New Matter

COMMITTEE AMENDMENT ADOPTED

March 29, 2012

S. 148

Introduced by Senators Campsen, Rose, Verdin, McConnell and Alexander

S. Printed 3/29/12--S.

Read the first time January 11, 2011.

            

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "HOME INVASION PROTECTION ACT", BY ADDING SECTION 16-11-320 TO ESTABLISH THE OFFENSE OF HOME INVASION, AND TO PROVIDE A PENALTY; TO AMEND SECTION 16-1-60, AS AMENDED, RELATING TO VIOLENT OFFENSES, SO AS TO INCLUDE HOME INVASION; AND TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO INCLUDE AS A SEPARATE STATUTORY AGGRAVATING CIRCUMSTANCE WHICH MAY BE CONSIDERED IN THE DETERMINATION OF WHETHER THE DEATH PENALTY SHOULD BE IMPOSED, A MURDER COMMITTED WHILE IN THE COMMISSION OF THE OFFENSE OF HOME INVASION.

Amend Title To Conform

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

SECTION    1.    This act may be cited as the "Home Invasion Protection Act".

SECTION    2.    Section 16-11-311 of the 1976 Code is amended to read:

"Section 16-11-311.    (A)    A person is guilty of burglary in the first degree if the person enters a dwelling without consent and with intent to commit a crime in the dwelling, and either:

(1)    when, in effecting entry or while in the dwelling or in immediate flight, he the person or another participant in the crime:

(a)    is armed with a deadly weapon or explosive; or

(b)    causes physical injury to a person who is not a participant in the crime; or

(c)    uses or threatens the use of a dangerous instrument; or

(d)    displays what is or appears to be a knife, pistol, revolver, rifle, shotgun, machine gun, or other firearm; or

(2)    the burglary is committed by a person with a prior record of two or more convictions for burglary or housebreaking or a combination of both; or

(3)    the entering or remaining occurs in the nighttime.

(B)    Burglary in the first degree is a felony punishable by life imprisonment. For purposes of this section, 'life' means until death. The If the burglary involves an element of subitem (A)(2), (A)(3), or subitems (A)(2) and (A)(3), but does not involve an element of subitem (A)(1), the court, in its discretion, may sentence the defendant to a term of not less than fifteen years. If the burglary involves an element of subitem (A)(1), and a person who is not a participant in the crime is present in the dwelling, the court, in its discretion, may sentence the defendant to a term of not less than twenty years."

SECTION    3.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION    4.    This act takes effect upon approval by the Governor.

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