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H. 4526
STATUS INFORMATION
General Bill
Sponsors: Reps. Erickson, Herbkersman, Haley, Ballentine, Bedingfield, Pinson, Clemmons, Brady, Cato, Chalk, Duncan, Edge, Funderburk, Huggins, Merrill, Mulvaney, E.H. Pitts, Sandifer, Taylor and Thompson
Document Path: l:\council\bills\ms\7477ahb08.doc
Introduced in the House on January 22, 2008
Currently residing in the House Committee on Judiciary
Summary: Burglary
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/22/2008 House Introduced and read first time HJ-6 1/22/2008 House Referred to Committee on Judiciary HJ-7
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 16-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES DEFINED AS VIOLENT, SO AS TO INCLUDE BURGLARY IN THE SECOND DEGREE WHEN A PERSON ENTERS A DWELLING WITH INTENT TO COMMIT A CRIME IN ADDITION TO BURGLARY IN THE SECOND DEGREE WHEN A PERSON ENTERS A BUILDING FOR THIS PURPOSE; AND TO AMEND SECTION 17-25-45, AS AMENDED, RELATING TO LIFE SENTENCES FOR PERSONS CONVICTED OF CERTAIN MOST SERIOUS AND SERIOUS OFFENSES, SO AS TO INCLUDE BURGLARY IN THE SECOND DEGREE WHEN A PERSON ENTERS A DWELLING WITH INTENT TO COMMIT A CRIME IN ADDITION TO BURGLARY IN THE SECOND DEGREE WHEN A PERSON ENTERS A BUILDING FOR THIS PURPOSE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-1-60 of the 1976 Code, as last amended by Act 379 of 2006, is further amended to read:
"Section 16-1-60. (A) For purposes of definition under South Carolina law, a violent crime includes the offenses of:
(1) murder (Section 16-3-10);
(2) criminal sexual conduct in the first and second degree (Sections 16-3-652 and 16-3-653);
(3) criminal sexual conduct with minors, first and second degree (Section 16-3-655);
(4) assault with intent to commit criminal sexual conduct, first and second degree (Section 16-3-656);
(5) assault and battery with intent to kill (Section 16-3-620);
(6) kidnapping (Section 16-3-910);
(7) voluntary manslaughter (Section 16-3-50);
(8) armed robbery (Section 16-11-330(A));
(9) attempted armed robbery (Section 16-11-330(B));
(10) carjacking (Section 16-3-1075);
(11) drug trafficking as defined in Section 44-53-370(e) or trafficking cocaine base as defined in Section 44-53-375(C);
(12) manufacturing or trafficking methamphetamine as defined in Section 44-53-375;
(13) arson in the first degree (Section 16-11-110(A));
(14) arson in the second degree (Section 16-11-110(B));
(15) burglary in the first degree (Section 16-11-311);
(16) burglary in the second degree (Section 16-11-312(B));
(17) engaging a child for a sexual performance (Section 16-3-810);
(18) homicide by child abuse (Section 16-3-85(A)(1));
(19) aiding and abetting homicide by child abuse (Section 16-3-85(A)(2));
(20) inflicting great bodily injury upon a child (Section 16-3-95(A));
(21) allowing great bodily injury to be inflicted upon a child (Section 16-3-95(B));
(22) criminal domestic violence of a high and aggravated nature (Section 16-25-65);
(23) abuse or neglect of a vulnerable adult resulting in death (Section 43-35-85(F));
(24) abuse or neglect of a vulnerable adult resulting in great bodily injury (Section 43-35-85(E)); accessory before the fact to commit any of the above offenses (Section 16-1-40); attempt to commit any of the above offenses (Section 16-1-80);and
(25) taking of a hostage by an inmate (Section 24-13-450). (B) For purposes of definition under South Carolina law, a violent crime includes accessory before the fact to commit any of the offenses delineated in subsection (A) (Section 16-1-40) and attempt to commit any of the offenses delineated in subsection (A) (Section 16-1-80).
(C) Only those offenses specifically enumerated in this section are considered violent offenses."
SECTION 2. Section 17-25-45(C)(2) of the 1976 Code, as last amended by Act 72 of 2007, is further amended to read:
"(2) 'Serious offense' means:
(a) any offense which is punishable by a maximum term of imprisonment for thirty years or more which is not referenced in subsection (C)(1);
(b) those felonies enumerated as follows:
16-3-220 Lynching, Second degree
16-3-810 Engaging child for sexual performance
16-9-220 Acceptance of bribes by officers
16-9-290 Accepting bribes for purpose of procuring
public office
16-11-110(B) Arson, Second degree
16-11-312(B) Burglary, Second degree
16-11-380(B) Theft of a person using an automated
teller machine
16-13-210(1) Embezzlement of public funds
16-13-230(B)(3) Breach of trust with fraudulent intent
16-13-240(1) Obtaining signature or property by false
pretenses
38-55-540(3) Insurance fraud
43-35-85(E) Abuse or neglect of a vulnerable adult
resulting in great bodily injury
44-53-370(e) Trafficking in controlled substances
44-53-375(C) Trafficking in ice, crank, or crack cocaine
44-53-445(B)(1)&(2) Distribute, sell, manufacture, or posses
with intent to distribute controlled
substances within proximity of school
56-5-2945 Causing death by operating vehicle while
under influence of drugs or alcohol; and
(c) the offenses enumerated below:
16-1-40 Accessory before the fact for any of the
offenses listed in subitems (a) and (b)
16-1-80 Attempt to commit any of the offenses
listed in subitems (a) and (b)
43-35-85(E) Abuse or neglect of a vulnerable adult
resulting in great bodily injury."
SECTION 3. 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 4. This act takes effect upon approval by the Governor.
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