H 3056 General Bill, By Limehouse, Young, Umphlett, Sandifer and Brady
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 16-3-622 SO AS TO CREATE THE OFFENSE OF RECKLESS ENDANGERMENT, TO DEFINE TERMS
 PERTAINING TO THIS OFFENSE, AND TO PROVIDE PENALTIES; AND BY ADDING SECTION
 16-3-624 SO AS TO CREATE THE OFFENSE OF COMMITTING A DRIVE-BY SHOOTING, AND TO
 PROVIDE A PENALTY.

   12/13/06  House  Prefiled
   12/13/06  House  Referred to Committee on Judiciary
   01/09/07  House  Introduced and read first time HJ-38
   01/09/07  House  Referred to Committee on Judiciary HJ-38

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-622 SO AS TO CREATE THE OFFENSE OF RECKLESS ENDANGERMENT, TO DEFINE TERMS PERTAINING TO THIS OFFENSE, AND TO PROVIDE PENALTIES; AND BY ADDING SECTION 16-3-624 SO AS TO CREATE THE OFFENSE OF COMMITTING A DRIVE-BY SHOOTING, AND TO PROVIDE A PENALTY.

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

SECTION    1.    Article 7, Chapter 3, Title 16 of the 1976 Code is amended by adding:

"Section 16-3-622.    (A)    For the purposes of this section, the term 'deadly weapon' means an instrument that can be used to inflict deadly force.

(B)    Except as provided in subsection (C), a person who engages in conduct which creates a substantial risk of death or great bodily injury to another person is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than three years.

(C)    A person who engages in conduct which creates a substantial risk of death or great bodily injury to another person and who is in possession of a deadly weapon at the time, but the conduct does not amount to a drive-by shooting as provided in Section 16-3-624, is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years."

SECTION    2.    Article 7, Chapter 3, Title 16 of the 1976 Code is amended by adding:

"Section 16-3-624.    (A)    For the purposes of this section, the term 'firearm' means a weapon which is designed to or readily may be converted to expel a projectile by the action of an explosive or the frame or receiver of that weapon.

(B)    A person who recklessly discharges a firearm in a manner which creates a substantial risk of death or great bodily injury to another person and the discharge of the firearm is from a motor vehicle, as defined in Section 38-77-30, or from the immediate area of a motor vehicle that was used to transport the shooter or the firearm, or both, to the scene of the discharge of the firearm is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than ten years, or both."

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.    If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION    5.    This act takes effect upon approval by the Governor.