H 3435 General Bill, By Whipper, Anderson, Hosey, Jefferson, Jennings, 
G.M. Smith and Weeks
 A BILL TO AMEND SECTION 16-3-910, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE OFFENSE OF KIDNAPPING, SO AS TO PROVIDE A PERSON CONVICTED OF
 KIDNAPPING BEFORE JUNE 5, 1991, AND SENTENCED TO LIFE IMPRISONMENT MAY
 PETITION THE COURT FOR A REDUCTION IN HIS SENTENCE TO THIRTY YEARS, AND THE
 COURT, IN ITS SOLE DISCRETION, MAY REDUCE THE SENTENCE ACCORDINGLY.

   02/02/05  House  Introduced and read first time HJ-7
   02/02/05  House  Referred to Committee on Judiciary HJ-7

TO AMEND SECTION 16-3-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF KIDNAPPING, SO AS TO PROVIDE A PERSON CONVICTED OF KIDNAPPING BEFORE JUNE 5, 1991, AND SENTENCED TO LIFE IMPRISONMENT MAY PETITION THE COURT FOR A REDUCTION IN HIS SENTENCE TO THIRTY YEARS, AND THE COURT, IN ITS SOLE DISCRETION, MAY REDUCE THE SENTENCE ACCORDINGLY.

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

SECTION    1.    Section 16-3-910 of the 1976 Code is amended to read:

"Section 16-3-910.    (A)    Whoever shall unlawfully seize, confine, inveigle, decoy, kidnap, abduct or carry away any other person by any means whatsoever without authority of law, except when a minor is seized or taken by his parent, is guilty of a felony and, upon conviction, must be imprisoned for a period not to exceed thirty years unless sentenced for murder as provided in Section 16-3-20.

(B)    A person convicted of a violation of this section prior to June 5, 1991, and sentenced to life imprisonment may petition the court for a reduction in his sentence from life imprisonment to thirty years unless the person was sentenced for murder as provided in Section 16-3-20, and the court, in its sole discretion, may reduce the sentence accordingly."

SECTION    2.    This act takes effect upon approval by the Governor.