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Indicates Matter Stricken
Indicates New Matter
Sponsors: Reps. Sandifer, Simrill, Henderson, Long and V.S. Moss
Document Path: l:\council\bills\ms\7008ahb13.docx
Introduced in the House on January 8, 2013
Currently residing in the House Committee on Judiciary
Summary: Brianna's Law
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/11/2012 House Prefiled 12/11/2012 House Referred to Committee on Judiciary 1/8/2013 House Introduced and read first time (House Journal-page 74) 1/8/2013 House Referred to Committee on Judiciary (House Journal-page 74) 1/17/2013 House Member(s) request name added as sponsor: V.S.Moss
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT "BRIANNA'S LAW"; TO AMEND SECTION 16-3-85, RELATING TO THE OFFENSE OF HOMICIDE BY CHILD ABUSE, SO AS TO INCREASE THE PENALTY TO LIFE WITHOUT PAROLE OR DEATH IF THE STATE SEEKS THE DEATH PENALTY FOR MURDER.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as "Brianna's Law".
SECTION 2. Section 16-3-85(C) of the 1976 Code is amended to read:
"(C) Homicide by child abuse is a felony and a person who is convicted of or pleads guilty to homicide by child abuse:
under pursuant to subsection (A)(1) may must be imprisoned for life but not less than a term of twenty years without the possibility of parole or may be punished by death if the State seeks the death penalty pursuant to the provisions of Section 16-3-20; or
under pursuant to subsection (A)(2) must be imprisoned for a term not exceeding twenty years nor less than ten years."
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founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action,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.
This web page was last updated on Thursday, February 28, 2013 at 3:22 P.M.