Reference is to Printer's Date 3/29/18-S.
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/ SECTION 1. Section 63-7-20(6)(f) and (27) of the 1976 Code is amended to read:
"(f)
commits torture or allows torture to be
committed against the child; or
(g)
has committed abuse or neglect as described in
subsections (a) through (e)(f) such that
a child who subsequently becomes part of the person's household
is at substantial risk of one of those forms of abuse or
neglect.
(27) Torture
includes, but is not limited to, inflicting, or participating in
or assisting in inflicting, intense physical or emotional pain
upon a child repeatedly over a period of time for the purpose of
terrorizing a child or for the purpose of satisfying the
sadistic, craven, cruel, or prurient desires of the perpetrator
or another person.
(28)
'Unfounded report' means a report made pursuant to this
chapter for which there is not a preponderance of evidence to
believe that the child is abused or neglected. For the purposes
of this chapter, it is presumed that all reports are unfounded
unless the department determines otherwise."
/
Amend the bill further, as and if amended, by striking SECTION 5 and inserting:
/ SECTION 5. Article 1, Chapter 3, Title 16 of the 1976 Code is amended by adding:
"Section 16-3-100.
(A) For purposes of this section,
'torture' includes, but is not limited to, inflicting, or
participating in or assisting in inflicting, intense physical or
emotional pain upon a child repeatedly over a period of time for
the purpose of terrorizing a child or for the purpose of
satisfying the sadistic, craven, cruel, or prurient desires of
the perpetrator or another person.
(B) It is unlawful for
a child's parent or guardian, an adult with whom the child's
parent or guardian is cohabitating, or any other person
responsible for a child's welfare as defined in Section 63-7-20
to torture a child. A person who is convicted of or pleads
guilty to violating the provisions of this subsection is guilty
of a felony and, upon conviction, may be imprisoned for life but
not less than a term of twenty years.
(C) It is unlawful for
a child's parent or guardian, an adult with whom the child's
parent or guardian is cohabitating, or any other person
responsible for a child's welfare as defined in Section 63-7-20
knowingly to allow another person to torture a child. A person
who is convicted of or pleads guilty to violating the provisions
of this subsection is guilty of a felony and, upon conviction,
must be imprisoned for a term not less than ten years."
/
Renumber sections to conform.
Amend title to conform.