H*3555(Rat #0282, Act #0261 of 2000)  General Bill, By Allison and Rodgers
 A BILL TO AMEND SECTION 16-3-85, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO HOMICIDE BY CHILD ABUSE, SO AS TO DEFINE THE TERMS "CHILD ABUSE OR
 NEGLECT" AND "HARM"; BY ADDING SECTION 16-3-95 SO AS TO CREATE FELONY OFFENSES
 FOR INFLICTING OR KNOWINGLY ALLOWING ANOTHER TO INFLICT GREAT BODILY INJURY
 UPON A CHILD, TO PROVIDE AN EXCEPTION FOR CORPORAL PUNISHMENT OR PHYSICAL
 DISCIPLINE ADMINISTERED BY A PARENT OR PERSON IN LOCO-PARENTIS IN A MANNER
 WHICH DOES NOT CAUSE GREAT BODILY INJURY, AND TO PROVIDE PENALTIES; AND TO
 AMEND SECTION 16-1-60, AS AMENDED, RELATING TO OFFENSES WHICH ARE DEFINED AS
 VIOLENT CRIMES, SO AS TO INCLUDE THE INFLICTION OR ALLOWING THE INFLICTION OF
 GREAT BODILY INJURY UPON A CHILD.-AMENDED TITLE

   02/17/99  House  Introduced and read first time HJ-14
   02/17/99  House  Referred to Committee on Judiciary HJ-14
   02/10/00  House  Committee report: Favorable with amendment
                     Judiciary HJ-2
   02/16/00  House  Requests for debate-Rep(s). Scott, Cobb-Hunter,
                     Lloyd, Hosey, Bales, Moody-Lawrence, R. Smith,
                     Sharpe, Mack, Perry, Lanford and Allison HJ-22
   02/23/00  House  Requests for debate removed-Rep(s). Allison HJ-25
   02/24/00  House  Amended HJ-32
   02/24/00  House  Read second time HJ-35
   02/24/00  House  Roll call Yeas-92  Nays-0 HJ-35
   02/29/00  House  Requests for debate removed-Rep(s). Scott HJ-40
   02/29/00  House  Read third time and sent to Senate HJ-16
   03/01/00  Senate Introduced and read first time SJ-8
   03/01/00  Senate Referred to Committee on Judiciary SJ-8
   03/22/00  Senate Committee report: Favorable with amendment
                     Judiciary SJ-14
   03/23/00  Senate Amended SJ-46
   03/23/00  Senate Read second time SJ-46
   03/28/00  Senate Read third time and returned to House with
                     amendments SJ-241
   03/30/00  House  Senate amendment amended HJ-31
   03/30/00  House  Returned to Senate with amendments HJ-32
   04/13/00  Senate Concurred in House amendment and enrolled SJ-25
   04/26/00         Ratified R 282
   05/01/00         Signed By Governor
   05/01/00         Effective date 05/01/00
   05/12/00         Copies available
   05/16/00         Act No. 261

AN ACT TO AMEND SECTION 16-3-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOMICIDE BY CHILD ABUSE, SO AS TO DEFINE THE TERMS "CHILD ABUSE OR NEGLECT" AND "HARM"; BY ADDING SECTION 16-3-95 SO AS TO CREATE FELONY OFFENSES FOR INFLICTING OR KNOWINGLY ALLOWING ANOTHER TO INFLICT GREAT BODILY INJURY UPON A CHILD, TO PROVIDE AN EXCEPTION FOR CORPORAL PUNISHMENT OR PHYSICAL DISCIPLINE ADMINISTERED BY A PARENT OR PERSON IN LOCO-PARENTIS IN A MANNER WHICH DOES NOT CAUSE GREAT BODILY INJURY, AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 16-1-60, AS AMENDED, RELATING TO OFFENSES WHICH ARE DEFINED AS VIOLENT CRIMES, SO AS TO INCLUDE THE INFLICTION OR ALLOWING THE INFLICTION OF GREAT BODILY INJURY UPON A CHILD.

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

Homicide by child abuse, terms defined

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 if the person:

(1) causes the death of a child under the age of eleven while committing child abuse or neglect, 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, 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;

(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.

(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.

(D) In sentencing a person under this section, the judge 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."

Felony offenses created

SECTION 2. The 1976 Code is amended by adding:

"Section 16-3-95. (A) It is unlawful to inflict great bodily injury upon a child. A person who violates this subsection is guilty of a felony and, upon conviction, must be imprisoned not more than twenty years.

(B) It is unlawful for a child's parent or guardian, person with whom the child's parent or guardian is cohabitating, or any other person responsible for a child's welfare as defined in Section 20-7-490(5) knowingly to allow another person to inflict great bodily injury upon a child. A person who violates this subsection 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 or permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

(D) This section may not be construed to prohibit corporal punishment or physical discipline which is administered by a parent or person in loco parentis in a manner which does not cause great bodily injury upon a child.

(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."

Violent crimes; crime added

SECTION 3. Section 16-1-60 of the 1976 Code, as last amended by Act 402 of 1998, is further amended to read:

"Section 16-1-60. For purposes of definition under South Carolina law, a violent crime includes the offenses of murder (Section 16-3-10); criminal sexual conduct in the first and second degree (Sections 16-3-652 and 16-3-653); criminal sexual conduct with minors, first and second degree (Section 16-3-655); assault with intent to commit criminal sexual conduct, first and second degree (Section 16-3-656); assault and battery with intent to kill (Section 16-3-620); kidnapping (Section 16-3-910); voluntary manslaughter (Section 16-3-50); armed robbery (Section 16-11-330(A)); attempted armed robbery (Section 16-11-330(B)); carjacking (Section 16-3-1075); drug trafficking as defined in Sections 44-53-370(e) and 44-53-375(C); arson in the first degree (Section 16-11-110(A)); arson in the second degree (Section 16-11-110(B)); burglary in the first degree (Section 16-11-311); burglary in the second degree (Section 16-11-312 (B)); engaging a child for a sexual performance (Section 16-3-810); homicide by child abuse (Section 16-3-85(A)(1)); aiding and abetting homicide by child abuse (Section 16-3-85(A)(2)); inflicting great bodily injury upon a child (Section 16-3-95(A)); allowing great bodily injury to be inflicted upon a child (Section 16-3-95(B)); accessory before the fact to commit any of the above offenses (Section 16-1-40); and attempt to commit any of the above offenses (Section 16-1-80). Only those offenses specifically enumerated in this section are considered violent offenses."

Time effective

SECTION 4. This act takes effect upon approval by the Governor.

Ratified the 26th day of April, 2000.

Approved the 1st day of May, 2000.