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Bill 3882

                    Current Status

Bill Number:                      3882
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  19990408
Primary Sponsor:                  Jennings
All Sponsors:                     Jennings and F. Smith
Drafted Document Number:          l:\council\bills\ggs\22266cm99.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Child abuse or neglect, homicide by; harm 
                                  to minor child's health or welfare; Crimes and 
                                  Offenses


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   19990408  Introduced, read first time,           25 HJ
                  referred to Committee


                             Versions of This Bill

TO AMEND SECTION 16-3-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOMICIDE BY CHILD ABUSE, SO AS TO DELETE REFERENCES TO SECTION 20-7-490 WHICH DEFINES "CHILD ABUSE OR NEGLECT" AND TO DEFINE "CHILD ABUSE OR NEGLECT" AND "HARM TO A CHILD'S PHYSICAL HEALTH OR WELFARE".

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

SECTION 1. Section 16-3-85, as added by Act 412 of 1992, is amended to read:

(A) A person is guilty of homicide by child abuse who:

(1) causes the death of a child under the age of eleven while committing child abuse or neglect as defined in Section 20-7-490 and the death occurs under circumstances manifesting an extreme indifference to human life; or

(2) knowingly aids and abets another person to commit child abuse or neglect as defined in Section 20-7-490 and the child abuse or neglect results in the death of a child under the age of eleven.

(B) Homicide by child abuse is a felony and a person who is convicted of or pleads guilty to homicide by child abuse:

(1) under subsection (A)(1) may be imprisoned for life but not less than a term of twenty years; or

(2) under subsection (A)(2) must be imprisoned for a term not exceeding twenty years nor less than ten years.

(C) In sentencing a person under this section the judge shall consider any aggravating circumstances, including, but not limited to, a defendant's past pattern of child abuse or neglect of a child under the age of eleven, and any mitigating circumstances; however, a child's crying does not constitute provocation so as to be considered a mitigating circumstance.

(D) As contained in this section:

(1) 'Child abuse or neglect' means an act or omission by a person resulting in a child's death or harm to a child's physical health or welfare; and

(2) 'Harm to a child's physical health or welfare' occurs when a person:

(a) inflicts or allows to be inflicted physical injury upon a child, which includes injuries sustained as a result of excessive corporal punishment;

(b) fails to supply a child with adequate food, clothing, shelter, or health care, and this failure causes a physical injury or condition that results in death; or

(c) abandons a child which results in the child's death.

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

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