H 4464 General Bill, By Allison, Bailey, C.D. Chamblee, Cotty, Dantzler, 
Davenport, Fleming, R.C. Fulmer, H.M. Hallman, Lanford, Law, Lee, L.H. Limbaugh, 
Littlejohn, Meacham, Phillips, Sandifer, Seithel, J.S. Shissias, Simrill, 
Stille, Stuart, P.H. Thomas, Townsend, J.W. Tucker, Vaughn, Walker, C.C. Wells and 
S.S. Wofford

Similar(S 1124)
 A Bill to amend Section 16-3-85, as amended, Code of Laws of South Carolina,
 1976, relating to homicide by child abuse, so as to revise the age of a victim
 of this offense.

   01/18/96  House  Introduced and read first time HJ-4
   01/18/96  House  Referred to Committee on Judiciary HJ-5

A BILL

TO AMEND SECTION 16-3-85, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA 1976, RELATING TO HOMICIDE BY CHILD ABUSE, SO AS TO REVISE THE AGE OF A VICTIM OF THIS OFFENSE.

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

SECTION 1. Section 16-3-85 of the 1976 Code, as added by Act 412 of 1992, is amended to read:

"Section 16-3-85. (A) A person is guilty of homicide by child abuse who:

(1) causes the death of a child under the age of eleven eighteen while committing child abuse or neglect as defined in Section 20-7-490 and the death occurs under circumstances manifesting an extreme indifference to human life; or

(2) knowingly aids and abets another person to commit child abuse or neglect as defined in Section 20-7-490 and the child abuse or neglect results in the death of a child under the age of eleven eighteen.

(B) Homicide by child abuse is a felony and a person who is convicted of or pleads guilty to homicide by child abuse:

(1) under subsection (A)(1) may be imprisoned for life but not less than a term of twenty years; or

(2) under subsection (A)(2) must be imprisoned for a term not exceeding twenty years nor less than ten years.

(C) In sentencing a person under this section the judge shall consider any aggravating circumstances including, but not limited to, a defendant's past pattern of child abuse or neglect of a child under the age of eleven eighteen, and any mitigating circumstances;. however However, a child's crying does not constitute provocation so as to be considered a mitigating circumstance."

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