South Carolina General Assembly
116th Session, 2005-2006

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Bill 47

Indicates Matter Stricken
Indicates New Matter

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

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

April 19, 2005

S. 47

Introduced by Senators Cromer, Elliott, Fair and Ford

S. Printed 4/19/05--S.

Read the first time January 11, 2005.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (S. 47) to amend Section 16-3-652, Code of Laws of South Carolina, 1976, relating to criminal sexual conduct in the first degree, so as to provide that, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass with amendment:

Amend the bill, as and if amended, pages 1-2, by striking SECTIONS 1, 2 and 3 in their entirety and inserting:

/    SECTION    1.    Section 16-3-655 of the 1976 Code is amended to read:

"Section 16-3-655.    (1)(A)    A person is guilty of criminal sexual conduct in the first degree if:

(1)    the actor engages in sexual battery with the victim who is less than eleven years of age; or

(2)    the actor engages in sexual battery with a victim who is less than sixteen years of age and the actor has previously been convicted of, pled guilty or nolo contendere to, or adjudicated delinquent for an offense listed in Section 23-3-430(C) or has been ordered to be included in the sex offender registry pursuant to Section 23-3-430(D).

Upon conviction, the actor must be punished by imprisonment for not less than ten years nor more than thirty years, no part of which may be suspended or probation granted.

(2)(B)    A person is guilty of criminal sexual conduct in the second degree if the actor engages in sexual battery with a victim who is fourteen years of age or less but who is at least eleven years of age.

(3)(C)    A person is guilty of criminal sexual conduct in the second degree if the actor engages in sexual battery with a victim who is at least fourteen years of age but who is less than sixteen years of age and the actor is in a position of familial, custodial, or official authority to coerce the victim to submit or is older than the victim. "        /

Renumber sections to conform.

Amend title to conform.

JOHN D. HAWKINS for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

See Below

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

Judicial Department

The department indicates there will be a minimal fiscal impact on the General Fund of the State, which can be absorbed by the agency at the current level of funding.

Department of Corrections (SCDC)

SCDC indicates that this bill would require additional General Funds of the State, ranging from $9,300 annually in FY07 to $217,000 annually in FY20. Costs estimates are based on increased SCDC population of three (3) inmates in FY07 to seventy (70) inmates in FY20 at a variable cost of $3,100 per inmate.

This projection is based on FY2004 admission pattern (six new admissions were convicted of criminal sexual conduct 1st degree with a suspended sentence, or sentences below the proposed mandatory minimum, and four new admissions for criminal sexual conduct 2nd degree). Had this bill been in effect, these ten (10) inmates would have to serve longer prison time.

Approved By:

Don Addy

Office of State Budget

A BILL

TO AMEND SECTION 16-3-652, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE, SO AS TO PROVIDE THAT A CONVICTION OF CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE CARRIES A MINIMUM TERM OF IMPRISONMENT OF TEN YEARS, NO PART OF WHICH MAY BE SUSPENDED OR PROBATION GRANTED; TO AMEND SECTION 16-3-653, RELATING TO CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE, SO AS TO PROVIDE THAT A CONVICTION OF CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE CARRIES A MINIMUM TERM OF IMPRISONMENT OF FIVE YEARS, NO PART OF WHICH MAY BE SUSPENDED OR PROBATION GRANTED; AND TO AMEND SECTION 16-3-655, RELATING TO CRIMINAL SEXUAL CONDUCT WITH A MINOR, SO AS TO PROVIDE THAT AN ACTOR WHO HAS AT LEAST ONE PRIOR CONVICTION FOR A CRIME FOR WHICH THE ACTOR MUST REGISTER AS A SEX OFFENDER PURSUANT TO SECTION 23-3-430 AND WHO ENGAGES IN SEXUAL BATTERY WITH A VICTIM WHO IS LESS THAN SIXTEEN YEARS OF AGE IS GUILTY OF CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE.

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

SECTION 1.    Section 16-3-652(2) of the 1976 Code is amended to read:

"(2)    Criminal sexual conduct in the first degree is a felony punishable by imprisonment for not more than thirty years, according to the discretion of the court less than ten years nor more than thirty years, no part of which may be suspended or probation granted."

SECTION    2.    Section 16-3-653(2) of the 1976 Code is amended to read:

"(2)    Criminal sexual conduct in the second degree is a felony punishable by imprisonment for not less than five years nor more than twenty years, no part of which may be suspended or probation granted more than twenty years according to the discretion of the court."

SECTION    3.    Section 16-3-655(1) of the 1976 Code is amended to read:

"(1)    A person is guilty of criminal sexual conduct in the first degree if:

(a)    the actor engages in sexual battery with the victim who is less than eleven years of age; or

(b)    the actor has one or more prior convictions for a crime for which the actor is required to register as a sex offender pursuant to Section 23-3-430, and the actor engages in sexual battery with a victim who is less than sixteen years of age."

SECTION    4.    This act takes effect upon approval by the Governor.

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