H 4517 General Bill, By T.F. Rogers, Bailey, R.A. Barber, T.L. Farr, Harrison, 
Phillips and C.Y. Waites
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 56-5-2947 so as to provide that when a person commits reckless homicide or
 certain other drug and alcohol related motor vehicle offenses and a minor was
 a passenger in the vehicle at the time of the offense, the person is guilty of
 the offense of child endangerment and must be penalized by a mandatory fine or
 imprisonment not less than one-half of the maximum fine or imprisonment given
 for the original offense, to provide that the arresting officer shall proceed
 with emergency protective custody pursuant to certain proceedings, and to
 provide that a person may be convicted of child endangerment in addition to
 the other offenses.

   03/04/92  House  Introduced and read first time HJ-25
   03/04/92  House  Referred to Committee on Judiciary HJ-26

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2947 SO AS TO PROVIDE THAT WHEN A PERSON COMMITS RECKLESS HOMICIDE OR CERTAIN OTHER DRUG AND ALCOHOL RELATED MOTOR VEHICLE OFFENSES AND A MINOR WAS A PASSENGER IN THE VEHICLE AT THE TIME OF THE OFFENSE, THE PERSON IS GUILTY OF THE OFFENSE OF CHILD ENDANGERMENT AND MUST BE PENALIZED BY A MANDATORY FINE OR IMPRISONMENT NOT LESS THAN ONE-HALF OF THE MAXIMUM FINE OR IMPRISONMENT GIVEN FOR THE ORIGINAL OFFENSE, TO PROVIDE THAT THE ARRESTING OFFICER SHALL PROCEED WITH EMERGENCY PROTECTIVE CUSTODY PURSUANT TO CERTAIN PROCEDURES, AND TO PROVIDE THAT A PERSON MAY BE CONVICTED OF CHILD ENDANGERMENT IN ADDITION TO THE OTHER OFFENSES.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 56-5-2947. (A) A person is guilty of child endangerment when:

(1) the person is in violation of:

(a) Section 56-5-2910 and the violation was committed while the person was under the influence of alcohol, drugs, or alcohol and drugs;

(b) Section 56-5-2930; or

(c) Section 56-5-2945; and

(2) a minor was a passenger in the motor vehicle when the violation occurred.

(B) Upon conviction the person must be punished by:

(1) a mandatory fine of not less than one-half of the maximum fine allowed for committing the violation enumerated in subsection(A)(1), when the person is fined for that offense;

(2) a mandatory sentence of not less than one-half of the maximum sentence allowed for committing the violation enumerated in subsection (A)(1), when the person is imprisoned for the offense; or

(3) a mandatory fine of not less than one-half of the maximum fine allowed and a mandatory sentence of not less than one-half of the maximum sentence allowed for committing the violation enumerated in subsection (A)(1), when the person is fined and imprisoned for the offense.

(C) No portion of the penalty assessed under subsection (B) may be suspended or revoked and probation may not be awarded.

(D) When a person is arrested pursuant to this section, the arresting officer shall proceed with emergency protective custody in accordance with the procedures and requirements of Section 20-7-610(B).

(E) A person may be convicted under this section for child endangerment in addition to being convicted for an offense enumerated in subsection (A)(1)."

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