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H 4351
Session 112 (1997-1998)


H 4351 General Bill, By Klauber, Gamble, Haskins, Kirsh, Knotts, Leach, Meacham, 
Riser, Sandifer, Seithel, Simrill and Vaughn
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 16-11-335 SO AS TO PROVIDE THAT ROBBERY OF A RETAIL ESTABLISHMENT OR ANOTHER
 BUSINESS WHILE ARMED WITH A DEADLY WEAPON IS A FELONY AND TO PROVIDE
 PENALTIES; AND TO AMEND SECTION 16-11-330, AS AMENDED, RELATING TO ROBBERY
 WHILE ARMED WITH A DEADLY WEAPON, SO AS TO REVISE THE PENALTY.

   12/03/97  House  Prefiled
   12/03/97  House  Referred to Committee on Judiciary
   01/13/98  House  Introduced and read first time HJ-25
   01/13/98  House  Referred to Committee on Judiciary HJ-25



A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-335 SO AS TO PROVIDE THAT ROBBERY OF A RETAIL ESTABLISHMENT OR ANOTHER BUSINESS WHILE ARMED WITH A DEADLY WEAPON IS A FELONY AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 16-11-330, AS AMENDED, RELATING TO ROBBERY WHILE ARMED WITH A DEADLY WEAPON, SO AS TO REVISE THE PENALTY.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 16-11-335. A person who commits robbery while armed with a pistol, dirk, slingshot, metal knuckles, razor, or another deadly weapon, or while alleging, either by action or words, he was armed while using a representation of a deadly weapon, or an object which a person present during the commission of the robbery reasonably believes to be a deadly weapon, and the robbery occurs in a building, or in part of a building, occupied as a retail establishment, or other business, including a convenience store or restaurant, is guilty of a felony and, upon convictionNext, must be imprisoned not less than a mandatory minimum term of fifteen years or not more than thirty years, no part of which may be suspended or probation granted."

SECTION 2. Section 16-11-330(B), as last amended by Act 441 of 1996, is further amended to read:

"(B) A person who commits attempted robbery while armed with a pistol, dirk, slingshot, metal knuckles, razor, or other deadly weapon, or while alleging, either by action or words, he was armed while using a representation of a deadly weapon, or any object which a person present during the commission of the robbery reasonably believed to be a deadly weapon, is guilty of a felony and, upon Previousconviction, must be imprisoned for a mandatory minimum sentence of not less than five years or not more than twenty years."

SECTION 3. This act takes effect upon approval by the Governor.

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