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 conviction, 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 conviction, 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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