H 4003 Session 110 (1993-1994)
H 4003 General Bill, By T.F. Rogers, J.J. Bailey, J.M. Baxley, Cobb-Hunter,
Harvin, W.D. Keyserling, I.K. Rudnick, J.J. Snow, C.Y. Waites and D.C. Waldrop
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.
04/14/93 House Introduced and read first time HJ-26
04/14/93 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;
(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 term of imprisonment of not less than one-half of
the maximum term of imprisonment allowed for committing the
violation enumerated in subsection (A)(1), when the person is
imprisoned for the offense; or
(3) both a mandatory fine and imprisonment as prescribed in
items 1 and 2 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 if necessary 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.
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