H 3334 General Bill, By W. Newton, Herbkersman, Erickson and Bradley
 A BILL TO AMEND SECTION 16-11-311, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO BURGLARY IN THE FIRST DEGREE, SO AS TO INCLUDE IN THE PURVIEW OF
 THE OFFENSE ENTERING A DWELLING WITHOUT CONSENT AND WITH INTENT TO COMMIT A
 CRIME IN THE DWELLING WHEN THE ENTERING OR REMAINING OCCURS DURING THE TIME
 PERIOD FOR WHICH AN EVACUATION IS ORDERED OR TWENTY-FOUR HOURS AFTER AN
 EVACUATION ORDER HAS BEEN LIFTED.

   12/15/16  House  Prefiled
   12/15/16  House  Referred to Committee on Judiciary
   01/10/17  House  Introduced and read first time (House Journal-page 165)
   01/10/17  House  Referred to Committee on Judiciary
                     (House Journal-page 165)

H. 3334

TO AMEND SECTION 16-11-311, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BURGLARY IN THE FIRST DEGREE, SO AS TO INCLUDE IN THE PURVIEW OF THE OFFENSE ENTERING A DWELLING WITHOUT CONSENT AND WITH INTENT TO COMMIT A CRIME IN THE DWELLING WHEN THE ENTERING OR REMAINING OCCURS DURING THE TIME PERIOD FOR WHICH AN EVACUATION IS ORDERED OR TWENTY-FOUR HOURS AFTER AN EVACUATION ORDER HAS BEEN LIFTED.

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

SECTION    1.    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 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; or

(4)    the entering or remaining occurs during the time period for which an evacuation has been ordered or twenty-four hours after an evacuation order has been lifted.

(B)    Burglary in the first degree is a felony punishable by life imprisonment. For purposes of this section, 'life' means until death. The court, in its discretion, may sentence the defendant to a term of not less than fifteen years."

SECTION    2.    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    3.    This act takes effect upon approval by the Governor.