South Carolina Legislature


 

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H 4179
Session 111 (1995-1996)


H 4179 General Bill, By Askins and Lanford
 A Bill to amend Section 16-11-540, Code of Laws of South Carolina, 1976,
 relating to damaging or destroying a building, vehicle, or other property by
 means of explosive or incendiary, so as to require that a person must suffer
 the death penalty who wilfully and unlawfully damages or destroys or attempts
 to damage or destroy certain property by means of an explosive or incendiary
 and causes death.

   05/03/95  House  Introduced and read first time HJ-54
   05/03/95  House  Referred to Committee on Judiciary HJ-54



A BILL

TO AMEND SECTION 16-11-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DAMAGING OR DESTROYING A BUILDING, VEHICLE, OR OTHER PROPERTY BY MEANS OF EXPLOSIVE OR INCENDIARY, SO AS TO REQUIRE THAT A PERSON MUST SUFFER THE DEATH PENALTY WHO WILFULLY AND UNLAWFULLY DAMAGES OR DESTROYS OR ATTEMPTS TO DAMAGE OR DESTROY CERTAIN PROPERTY BY MEANS OF AN EXPLOSIVE OR INCENDIARY AND CAUSES DEATH.

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

SECTION 1. Section 16-11-540 of the 1976 Code is amended to read:

"Section 16-11-540. Whoever A person who wilfully and unlawfully damages or destroys or attempts to damage or destroy by means of an explosive or incendiary any building, vehicle, or other real or personal property;, or aids, agrees with, employs, or conspires with, any a person to do or cause to be done any of the these acts hereinbefore mentioned, shall be is guilty of a felony, and, upon conviction, shall must be imprisoned for not less than two years nor more than twenty years; and. If personal injury results, shall he must be imprisoned for not less than ten years nor more than twenty-five years; and. If death results, shall he must suffer the death penalty, unless the jury shall recommend the defendant to the mercy of the court, in which event the defendant shall be confined in the State Penitentiary for a term not exceeding fifty years nor less than twenty-five years."

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

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