H 4462 General Bill, By Limehouse, Altman, Campsen, Cato, J.L.M. Cromer, 
Easterday, Hamilton, Harrell, Klauber, Leach, J.D. McMaster, E.C. Stoddard, 
Tripp, Vaughn, Whatley and Witherspoon
 A BILL TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO OFFENSES AGAINST A PERSON, BY ADDING ARTICLE 2 SO AS TO PROVIDE
 THAT THE USE OF DEADLY FORCE IS JUSTIFIED WHEN A PERSON BELIEVES UNLAWFUL
 FORCE IS BEING USED AGAINST HIM TO COMMIT OR ATTEMPT TO COMMIT THE BURGLARY OR
 ROBBERY OF A MOTOR VEHICLE; AND BY ADDING SECTION 16-3-90 SO AS TO PROVIDE
 THAT WHEN A DEATH RESULTS FROM INJURIES RECEIVED FROM THE DRIVING OF MOTOR
 VEHICLES STOLEN PURSUANT TO UNLAWFUL FORCE, THEN THE PERSON USING UNLAWFUL
 FORCE IS GUILTY OF MURDER, AND TO PROVIDE A PENALTY.

   01/21/98  House  Introduced and read first time HJ-5
   01/21/98  House  Referred to Committee on Judiciary HJ-5
   04/29/98  House  Committee report: Favorable with amendment
                     Judiciary HJ-3
   05/05/98  House  Requests for debate-Rep(s). Scott, Neal, Lloyd,
                     Pinckney, Gourdine, McMahand & Mack HJ-21
   05/06/98  House  Debate adjourned until Thursday, May 7, 1998 HJ-27
   05/07/98  House  Amended HJ-25
   05/07/98  House  Read second time HJ-27
   05/07/98  House  Roll call Yeas-91  Nays-9 HJ-27
   05/12/98  House  Read third time and sent to Senate HJ-27
   05/13/98  Senate Introduced and read first time SJ-19
   05/13/98  Senate Referred to Committee on Judiciary SJ-19

May 7, 1998

H. 4462

Introduced by Reps. Limehouse, Klauber, Campsen, Vaughn, McMaster, Cromer, Tripp, Whatley, Harrell, Leach, Witherspoon, Altman, Hamilton, Cato, Stoddard and Easterday

S. Printed 5/7/98--H.

Read the first time January 21, 1998.

A BILL

TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST A PERSON, BY ADDING ARTICLE 2 SO AS TO PROVIDE THAT THE USE OF DEADLY FORCE IS JUSTIFIED WHEN A PERSON BELIEVES UNLAWFUL FORCE IS BEING USED AGAINST HIM TO COMMIT OR ATTEMPT TO COMMIT THE BURGLARY OR ROBBERY OF A MOTOR VEHICLE; AND BY ADDING SECTION 16-3-90 SO AS TO PROVIDE THAT WHEN A DEATH RESULTS FROM INJURIES RECEIVED FROM THE DRIVING OF MOTOR VEHICLES STOLEN PURSUANT TO UNLAWFUL FORCE, THEN THE PERSON USING UNLAWFUL FORCE IS GUILTY OF MURDER, AND TO PROVIDE A PENALTY.

Amend Title To Conform

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

SECTION 1. Chapter 3, Title 16 of the 1976 Code is amended by adding:

Section 16-3-100. (A) Notwithstanding another provision of law, a person may use deadly force against another person when the person reasonably believes the other person is using or attempting to use unlawful force against him or a person present in a motor vehicle to commit or attempt to commit a burglary or robbery of a motor vehicle.

(B) The use of deadly force pursuant to subsection (A) is justifiable even though the person using deadly force does not retreat from the encounter."

SECTION 2. The 1976 Code is amended by adding:

"Section 16-3-90. When the death of a person proximately results from injuries received during the theft of a motor vehicle stolen pursuant to the use or attempted use of unlawful force against the operator of the motor vehicle, or an individual present in the motor vehicle, then the person using unlawful force is guilty of murder or voluntary manslaughter or involuntary manslaughter and, upon conviction, must be punished pursuant to the provisions of Section 16-3-20 or 16-3-50 or 16-3-60."

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