S 1060 General Bill, By Ryberg and Holland
 A BILL TO AMEND SECTION 16-3-85, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE OFFENSE OF CHILD ABUSE AND NEGLECT, SO AS TO PROVIDE THAT THE
 OFFENSE PERTAINS TO ANY PERSON WHO COMMITS ABUSE AND NEGLECT WHICH RESULTS IN
 THE DEATH OF A CHILD; AND BY ADDING SECTION 16-3-95, SO AS TO PROVIDE FOR THE
 OFFENSE OF INFLICTING GREAT BODILY INJURY UPON A CHILD AND TO PROVIDE
 PENALTIES FOR VIOLATIONS OF THE OFFENSE.

   01/20/00  Senate Introduced and read first time SJ-5
   01/20/00  Senate Referred to Committee on Judiciary SJ-5

TO AMEND SECTION 16-3-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF CHILD ABUSE AND NEGLECT, SO AS TO PROVIDE THAT THE OFFENSE PERTAINS TO ANY PERSON WHO COMMITS ABUSE AND NEGLECT WHICH RESULTS IN THE DEATH OF A CHILD; AND BY ADDING SECTION 16-3-95, SO AS TO PROVIDE FOR THE OFFENSE OF INFLICTING GREAT BODILY INJURY UPON A CHILD AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THE OFFENSE.

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

SECTION 1. SECTION 1. Section 16-3-85 of the 1976 Code is amended to read:

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

(1) causes the death of a child under the age of eleven 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.

(B) For purposes of this section, the following definitions apply:

(1) 'child abuse or neglect' means an act or omission by any person which causes harm to the child's physical health or welfare and results in the child's death.

(2) 'harm' to a child's health or welfare occurs when a person:

(a) inflicts or allows to be inflicted upon the child physical injury, including injuries sustained as a result of excessive corporal punishment;

(b) fails to supply the child with adequate food, clothing, shelter, or health care, and the failure to do so causes a physical injury or condition resulting in death; or

(c) abandons the child resulting in the child's death.

(B)(C) 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)(D) In sentencing a person under this section, the judge shall must 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, and any mitigating circumstances; however, a child's crying does not constitute provocation so as to be considered a mitigating circumstance."

SECTION 2. The 1976 Code is amended by adding:

"Section 16-3-95. (A) It is unlawful to:

(1) inflict great bodily injury upon a child; or

(2) knowingly allow another person to inflict great bodily injury upon a child.

(B) A person who violates:

(1) subsection (A)(1) is guilty of a felony and, upon conviction, must be imprisoned not more than twenty years; or

(2) subsection (A)(2) is guilty of a felony and, upon conviction, must be imprisoned not more than five years.

(C) For purposes of this section, 'great bodily injury' means bodily injury which creates a substantial risk of death or which causes serious, permanent or temporary disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

(D) This section does not prohibit corporal punishment or physical discipline which:

(1) is administered by a parent or person in loco parentis;

(2) is perpetrated for the sole purpose of restraining or correcting the child;

(3) is reasonable in manner and moderate in degree;

(4) has not brought about permanent or lasting damage to the child; and

(5) is not reckless or grossly negligent behavior by the parents or person in loco parentis.

(E) This section does not apply to traffic accidents unless the accident was caused by the driver's reckless disregard for the safety of others."

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