South Carolina General Assembly
116th Session, 2005-2006

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S. 574

STATUS INFORMATION

General Bill
Sponsors: Senators Fair, Bryant, Verdin, Campsen, Scott, Sheheen, Cromer and Thomas
Document Path: l:\council\bills\swb\6371cm05.doc

Introduced in the Senate on March 3, 2005
Currently residing in the Senate Committee on Judiciary

Summary: Penalties for escaping or attempting to escape from prison

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
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    3/3/2005  Senate  Introduced and read first time SJ-9
    3/3/2005  Senate  Referred to Committee on Judiciary SJ-9
   3/10/2005  Senate  Referred to Subcommittee: Hawkins (ch), Cromer, Sheheen, 
                        Lourie

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

3/3/2005

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 24-13-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INMATES ESCAPING OR ATTEMPTING TO ESCAPE FROM PRISON OR HAVE TOOLS OR WEAPONS WHICH MAY BE USED TO FACILITATE AN ESCAPE, SO AS TO PROVIDE SEPARATE PENALTIES FOR PERSONS WHO VIOLATE THIS PROVISION WHILE CONFINED IN A MINIMUM SECURITY FACILITY AND MEDIUM OR MAXIMUM SECURITY FACILITIES.

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

SECTION    1.    Section 24-13-410 of the 1976 Code, as last amended by Act 136 of 1997, is further amended to read:

"Section 24-13-410.    (A)    It is unlawful for a person, lawfully confined in prison or upon the public works of a county or while in the custody of a superintendent, guard, or officer, to escape, to attempt to escape, or to have in his possession tools or weapons which may be used to facilitate an escape.

(B)    A person confined in a minimum security facility who violates this section is guilty of a felony and, upon conviction, must be imprisoned not less than one year nor more than fifteen years. A person confined to a medium or maximum security facility who violates this section is guilty of a felony and, upon conviction, must be imprisoned not less than five years and not more than fifteen years.

(C)    The term of imprisonment is consecutive to the original sentence and to other sentences previously imposed upon the escapee by a court of this State."

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.

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