H 3764 General Bill, By Askins
 A Bill to amend Section 24-13-410, as amended, Code of Laws of South Carolina,
 1976, relating to escaping or attempting to escape from incarceration, so as
 to require a person serving a sentence for a violent crime who escapes or
 attempts to escape from incarceration to serve his prior sentence and the
 sentence imposed under this Section without eligibility for parole.

   03/08/95  House  Introduced and read first time HJ-4
   03/08/95  House  Referred to Committee on Judiciary HJ-4

A BILL

TO AMEND SECTION 24-13-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESCAPING OR ATTEMPTING TO ESCAPE FROM INCARCERATION, SO AS TO REQUIRE A PERSON SERVING A SENTENCE FOR A VIOLENT CRIME WHO ESCAPES OR ATTEMPTS TO ESCAPE FROM INCARCERATION TO SERVE HIS PRIOR SENTENCE AND THE SENTENCE IMPOSED UNDER THIS SECTION WITHOUT ELIGIBILITY FOR PAROLE.

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

SECTION 1. Section 24-13-410 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:

"Section 24-13-410. (A) It is unlawful for a person, lawfully confined in prison or upon the public works of a county or while in the custody of a superintendent, guard, or officer, to escape, to attempt to escape, or to have in his possession tools or weapons which may be used to facilitate an escape.

(B) A person who violates this section is guilty of a felony and, upon conviction, must be imprisoned not more than five years.

(C) The term of imprisonment is consecutive to the original sentence and to other prior sentences previously imposed upon the escapee by a court of this State. When the original sentence is three years or less, the sentence imposed under this section in addition to any remaining unserved portion of the original sentence must not be longer than the original sentence. When a prior sentence is for a violent crime, the sentence imposed under this section in addition to the remaining unserved portion of another sentence must be served without eligibility for parole.

(D) If the escapee is recaptured outside of this State, the term of imprisonment must be in addition to any remaining unserved portion of the original sentence and must not be less than one year nor more than five years.

(E) This sentence is consecutive to other prior sentences previously imposed upon the escapee by any court of this State."

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