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S*258 Session 106 (1985-1986)
S*0258(Rat #0244, Act #0159 of 1985) General Bill, By J.C. Lindsay,
W.E. Applegate, Branton, Courson, W.W. Doar, J.C. Hayes, Holland, Leatherman,
W.R. Lee, Leventis, J.M. Long, I.E. Lourie, A.S. Macaulay, J.A. Martin,
McConnell, F.H. McGill, T.W. Mitchell, Moore, I.D. Newman, E.J. Patterson,
Peeler, T.H. Pope, C.L. Powell, Ravenel, Setzler, H.C. Smith, J.V. Smith,
T.E. Smith, N.A. Theodore, Thomas and M.B. Williams
Similar(H 2461)
A Bill to amend Section 16-11-310, Code of Laws of South Carolina, 1976,
relating to burglary and to amend Article 5, Chapter 11 of Title 16 relating
to offenses against property by adding Sections 16-11-311, 16-11-312 and
16-11-313 so as to provide for the crimes of burglary in the first, second,
and third degrees, all of which are felonies, to provide penalties for
violations, and to repeal Section 16-11-320 relating to the crime of
housebreaking which is not burglary.
02/19/85 Senate Introduced and read first time SJ-581
02/19/85 Senate Referred to Committee on Judiciary SJ-581
03/20/85 Senate Committee report: Majority favorable, minority
unfavorable Judiciary SJ-946
03/21/85 Senate Special order SJ-969
03/27/85 Senate Read second time SJ-1199
03/27/85 Senate Ordered to third reading with notice of
amendments SJ-1200
03/28/85 Senate Debate interrupted SJ-1236
03/28/85 Senate Will debate at 11:00 Wed. 4/3/85 regardless SJ-1236
04/03/85 Senate Amended SJ-1281
04/03/85 Senate Debate interrupted SJ-1312
04/04/85 Senate Amended SJ-1357
04/04/85 Senate Read third time and sent to House SJ-1358
04/08/85 House Introduced and read first time HJ-2139
04/08/85 House Referred to Committee on Judiciary HJ-2140
05/29/85 House Committee report: Favorable with amendment
Judiciary HJ-3596
06/03/85 House Objection by Rep. McLellan, Lewis & Harvin HJ-3772
06/04/85 House Objection withdrawn by Rep. Harvin HJ-3835
06/04/85 House Objection by Rep. Blanding HJ-3835
06/04/85 House Special order, set for immediately (Under H-3043)
HJ-3913
06/04/85 House Amended HJ-3926
06/04/85 House Read second time HJ-3929
06/05/85 House Read third time HJ-3956
06/05/85 House Returned HJ-3956
06/05/85 Senate Concurred in House amendment and enrolled SJ-2814
06/06/85 Senate Recalled from Legislative Council SJ-2866
06/06/85 Senate Reconsidered SJ-2867
06/06/85 Senate House amendment amended SJ-2867
06/06/85 Senate Returned SJ-2867
06/06/85 House Concurred in Senate amendment and enrolled HJ-4019
06/18/85 Ratified R 244
06/20/85 Signed By Governor
06/20/85 Effective date 06/20/85
06/20/85 Act No. 159
07/10/85 Copies available
(A159, R244, S258)
AN ACT TO AMEND SECTION 16-11-310, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO BURGLARY AND TO AMEND ARTICLE 5, CHAPTER 11 OF TITLE 16 RELATING TO
OFFENSES AGAINST PROPERTY BY ADDING SECTIONS 16-11-311, 16-11-312 AND 16-11-313
SO AS TO PROVIDE FOR THE CRIMES OF BURGLARY IN THE FIRST, SECOND, AND THIRD
DEGREES, ALL OF WHICH ARE FELONIES, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO
REPEAL SECTION 16-11-320 RELATING TO THE CRIME OF HOUSEBREAKING WHICH IS NOT
BURGLARY.
Be it enacted by the General Assembly of the State of South Carolina:
Definition
SECTION 1. Section 16-11-310 of the 1976 Code is amended to read:
"Section 16-11-310. For purposes of Sections 16-11-311 through 16-11-313:
(1) 'Building' means any structure, vehicle, watercraft, or aircraft:
(a) Where any person lodges or lives; or
(b) Where people assemble for purposes of business, government, education,
religion, entertainment, public transportation, or public use or where goods are
stored. Where a building consists of two or more units separately occupied or
secured, each unit is deemed both a separate building in itself and a part of the
main building.
(2) 'Dwelling' means its definition found in Section 16-11-10 and also means
the living quarters of a building which is used or normally used for sleeping,
living, or lodging by a person.
(3) 'Enters a building without consent' means:
(a) To enter a building without the consent of the person in lawful
possession; or
(b) To enter a building by using deception, artifice, trick, or
misrepresentation to gain consent to enter from the person in lawful
possession."
Penalty
SECTION 2. Article 5, Chapter 11, Title 16 of the 1976 Code is amended by
adding:
"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
therein, and either:
(1) When, in effecting entry or while in the dwelling or in immediate flight
therefrom, he or another participant in the crime:
(a) Is armed with a deadly weapon or explosive; or
(b) Causes physical injury to any 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;
provided, that the court, in its discretion, may sentence the defendant to a term
of not less than fifteen years, provided, that no person convicted of burglary
in the first degree shall be eligible for parole except upon service of not less
than one-third of the term of the sentence.
Section 16-11-312. (A) A person is guilty of burglary in the second degree if
the person enters a dwelling without consent and with intent to commit a crime
therein.
(B) A person is guilty of burglary in the second degree if the person enters
a building without consent and with intent to commit a crime therein, and either:
(1) When, in effecting entry or while in the building or in immediate flight
therefrom, he or another participant in the crime:
(a) Is armed with a deadly weapon or explosive; or
(b) Causes physical injury to any 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.
(C) Burglary in the second degree is a felony punishable by imprisonment for
not more than fifteen years, provided, that no person convicted of burglary in
the second degree shall be eligible for parole except upon service of not less
than one-third of the term of the sentence.
Section 16-11-313. (A) A person is guilty of burglary in the third degree if
the person enters a building without consent and with intent to commit a crime
therein.
(B) Burglary in the third degree is a felony punishable by imprisonment for
not more than five years for conviction on a first offense and for not more than
ten years for conviction of a second offense according to the discretion of the
Court."
Burglary
SECTION 3. Burglary as used in Section 16-1-10 means burglary of any degree.
Repeal
SECTION 4. Section 16-11-320 of the 1976 Code is repealed.
Pending proceedings saved and consummated
SECTION 5. All proceedings pending and all rights and liabilities existing,
acquired, or incurred at the time this act takes effect are saved and may be
consummated according to the law in force when they are commenced. This act may
not be construed to affect any prosecution pending or begun before the effective
date of this act.
Time effective
SECTION 6. This act shall take effect upon approval by the Governor. | 
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