Current Status Introducing Body:Senate Bill Number:313 Primary Sponsor:Rose Committee Number:11 Type of Legislation:GB Subject:Mental retardation patient, sexual intercourse prohibited Residing Body:Senate Current Committee:Judiciary Computer Document Number:436/12745AC.93 Introduced Date:19930127 Last History Body:Senate Last History Date:19930127 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Rose Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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313 Senate 19930127 Introduced, read first time, 11
referred to Committee
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TO AMEND SECTION 44-23-1150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR HAVING SEXUAL INTERCOURSE WITH A PATIENT IN A STATE MENTAL HEALTH FACILITY, SO AS TO HAVE THE PENALTY APPLY IF THE PATIENT IS IN A STATE MENTAL RETARDATION FACILITY AND TO INCLUDE THE PENALTY FOR COMMITTING SODOMY ON SUCH PATIENTS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-23-1150 of the 1976 Code is amended to read:
"Section 44-23-1150. Any A person having sexual intercourse with or who commits sodomy upon a patient or trainee of any a state mental health facility or a state mental retardation facility, whether the patient or trainee is within the facility or unlawfully away from the facility, shall be is guilty of a misdemeanor felony and, upon conviction, shall must be punished by hard labor on the county chain gang or in the State Penitentiary for a period not exceeding imprisoned not more than twenty years, within the discretion of the court."
SECTION 2. This act takes effect upon approval by the Governor.