S 0740 General Bill, By M.B. Williams
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Article 12
 to Chapter 3, Title 16, so as to provide that when a crime is committed
 against a person sixty years of age or older, the court must impose an
 additional term of imprisonment.

   04/12/95  Senate Introduced and read first time SJ-4
   04/12/95  Senate Referred to Committee on Judiciary SJ-4

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 12 TO CHAPTER 3, TITLE 16, SO AS TO PROVIDE THAT WHEN A CRIME IS COMMITTED AGAINST A PERSON SIXTY YEARS OF AGE OR OLDER, THE COURT MUST IMPOSE AN ADDITIONAL TERM OF IMPRISONMENT.

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

SECTION 1. Chapter 3, Title 16 of the 1976 Code is amended by adding:

"Article 12

Section 16-3-1080. (A) A person who, in the course of committing or attempting to commit a felony, causes the death of or inflicts serious bodily injury upon a person who is sixty years of age or older, upon conviction, must be imprisoned five years, in addition to the punishment provided for the principal crime. This five-year sentence does not apply in cases where the death penalty or a life sentence without parole is imposed for the principal crime.

(B) A person who, in the course of committing or attempting to commit a felony, causes bodily injury upon a person who is sixty years of age or older, upon conviction, must be imprisoned three years, in addition to the punishment provided for the principal crime.

(C) A person who commits a felony not causing bodily injury upon a person who is sixty years of age or older, upon conviction, must be imprisoned six months, in addition to the punishment provided for the principal crime.

(D) Service of the additional penalties under this section is mandatory. The court must impose the mandatory sentence to run consecutively if the original sentence is not imposed under Section 43-35-85. The court may impose the mandatory sentence to run consecutively or concurrently if a sentence is imposed under Section 43-35-85.

(E) When the original sentence is three years or less, the additional sentence imposed under this section must not be longer than the original sentence."

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