S*0029(Rat #0189, Act #0136 of 1997)  General Bill, By Holland and Giese
 A BILL TO AMEND SECTION 24-13-450, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE CRIME OF TAKING OF A HOSTAGE BY AN INMATE, SO AS TO INCREASE
 THE PENALTY AND REVISE THE VIOLATIONS TO WHICH THIS PROVISION APPLIES; TO
 AMEND SECTION 16-1-60, AS AMENDED, RELATING TO VIOLENT CRIMES, SO AS TO
 PROVIDE THAT THE TAKING OF A HOSTAGE BY AN INMATE IS A VIOLENT CRIME; TO AMEND
 SECTION 16-1-90 RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO PROVIDE
 THAT TAKING OF A HOSTAGE BY AN INMATE IS RECLASSIFIED AS A CLASS "A" FELONY;
 TO AMEND SECTION 17-25-45, AS AMENDED, RELATING TO LIFE IMPRISONMENT FOR A
 PERSON CONVICTED THREE TIMES FOR CERTAIN CRIMES, SO AS TO PROVIDE THAT TAKING
 OF A HOSTAGE BY AN INMATE IS A "MOST SERIOUS OFFENSE"; BY ADDING SECTION
 16-3-630 SO AS TO PROVIDE PENALTIES FOR A PERSON CONVICTED OF ASSAULT UPON
 CERTAIN CORRECTIONAL FACILITY EMPLOYEES; BY ADDING SECTION 24-13-470 SO AS TO
 PROVIDE THAT ATTEMPTING TO THROW OR THROWING CERTAIN BODILY FLUIDS ON CERTAIN
 EMPLOYEES OF A CORRECTIONAL FACILITY IS A FELONY AND TO PROVIDE PENALTIES; BY
 ADDING SECTION 24-13-410, AS AMENDED, RELATING TO ESCAPING OR ATTEMPTING TO
 ESCAPE FROM PRISON, SO AS TO REVISE THE PENALTY; TO AMEND SECTION 24-13-440,
 RELATING TO CARRYING OR CONCEALING A WEAPON, SO AS TO REVISE THE PENALTY
 PROVISION; AND TO AMEND SECTION 44-23-1150, AS AMENDED, RELATING TO ILLEGAL
 SEXUAL INTERCOURSE WITH CERTAIN PATIENTS OR TRAINEES OF A STATE MENTAL HEALTH
 FACILITY SO AS TO PROVIDE THAT THIS PROVISION ALSO APPLIES TO EMPLOYEES AND
 INMATES OF CERTAIN CORRECTIONAL FACILITIES.-AMENDED TITLE

   01/14/97  Senate Introduced and read first time SJ-94
   01/14/97  Senate Referred to Committee on Corrections and Penology SJ-94
   02/27/97  Senate Polled out of committee Corrections and Penology SJ-8
   02/27/97  Senate Committee report: Favorable with amendment
                     Corrections and Penology SJ-8
   03/06/97  Senate Amended SJ-35
   03/06/97  Senate Read second time SJ-35
   03/11/97  Senate Read third time and sent to House SJ-18
   03/12/97  House  Introduced and read first time HJ-8
   03/12/97  House  Referred to Committee on Judiciary HJ-9
   05/07/97  House  Committee report: Favorable with amendment
                     Judiciary HJ-27
   05/13/97  House  Requests for debate-Rep(s). F. Smith, Scott,
                     Neal, McMahand, Moody-Lawrence, Inabinett &
                     Govan HJ-14
   05/14/97  House  Requests for debate removed-Rep(s). Govan & Neal HJ-34
   05/21/97  House  Requests for debate removed-Rep(s). F. Smith &
                     McMahand HJ-32
   05/21/97  House  Requests for debate removed-Rep(s). Scott,
                     Inabinett & Moody-Lawrence HJ-33
   05/22/97  House  Requests for debate-Rep(s). Scott, Limbaugh,
                     Kennedy, Neal, Lloyd, Mack, F. Smith, Whipper,
                     Harrison & Jennings HJ-35
   05/28/97  House  Requests for debate removed-Rep(s). Kennedy HJ-45
   05/28/97  House  Amended HJ-86
   05/28/97  House  Read second time HJ-92
   05/28/97  House  Roll call Yeas-81  Nays-15 HJ-92
   05/29/97  House  Read third time and returned to Senate with
                     amendments HJ-41
   06/03/97  Senate House amendment amended SJ-57
   06/03/97  Senate Returned to House with amendments SJ-57
   06/03/97  House  Non-concurrence in Senate amendment HJ-130
   06/04/97  Senate  Senate recedes from amendments SJ-16
   06/04/97  Senate Concurred in House amendment and enrolled SJ-16
   06/09/97         Ratified R 189
   06/11/97         Signed By Governor
   06/11/97         Effective date 06/11/97
   07/09/97         Copies available
   07/09/97         Act No. 136

AN ACT TO AMEND SECTION 24-13-450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF TAKING A HOSTAGE BY AN INMATE, SO AS TO INCREASE THE PENALTY AND REVISE THE VIOLATIONS TO WHICH THIS PROVISION APPLIES; TO AMEND SECTION 16-1-60, AS AMENDED, RELATING TO VIOLENT CRIMES, SO AS TO PROVIDE THAT THE TAKING OF A HOSTAGE BY AN INMATE IS A VIOLENT CRIME; TO AMEND SECTION 16-1-90 RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO PROVIDE THAT TAKING OF A HOSTAGE BY AN INMATE IS RECLASSIFIED AS A CLASS "A" FELONY; TO AMEND SECTION 17-25-45, AS AMENDED, RELATING TO LIFE IMPRISONMENT FOR A PERSON CONVICTED THREE TIMES FOR CERTAIN CRIMES, SO AS TO PROVIDE THAT TAKING OF A HOSTAGE BY AN INMATE IS A "MOST SERIOUS OFFENSE"; BY ADDING SECTION 16-3-630 SO AS TO PROVIDE PENALTIES FOR A PERSON CONVICTED OF ASSAULT UPON CERTAIN CORRECTIONAL FACILITY EMPLOYEES; BY ADDING SECTION 24-13-470 SO AS TO PROVIDE THAT ATTEMPTING TO THROW OR THROWING CERTAIN BODILY FLUIDS ON CERTAIN EMPLOYEES OF A CORRECTIONAL FACILITY IS A FELONY AND TO PROVIDE PENALTIES; TO AMEND SECTION 24-13-410, AS AMENDED, RELATING TO ESCAPING OR ATTEMPTING TO ESCAPE FROM PRISON, SO AS TO REVISE THE PENALTY; TO AMEND SECTION 24-13-440, RELATING TO CARRYING OR CONCEALING A WEAPON, SO AS TO REVISE THE PENALTY PROVISION; AND TO AMEND SECTION 44-23-1150, AS AMENDED, RELATING TO ILLEGAL SEXUAL INTERCOURSE WITH CERTAIN PATIENTS OR TRAINEES OF A STATE MENTAL HEALTH FACILITY, SO AS TO PROVIDE THAT THIS PROVISION ALSO APPLIES TO EMPLOYEES AND INMATES OF CERTAIN CORRECTIONAL FACILITIES.

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

Taking a hostage by an inmate

SECTION 1. Section 24-13-450 of the 1976 Code is amended to read:

"Section 24-13-450. An inmate of a state, county, or city correctional facility or a private entity that contracts with a state, county, or city to provide care and custody of inmates, including persons in safekeeper status, acting alone or in concert with others, who by threats, coercion, intimidation, or physical force takes, holds, decoys, or carries away any person as a hostage or for any other reason whatsoever shall be deemed guilty of a felony and, upon conviction, shall be imprisoned for a term of not less than five years nor more than thirty years. This sentence shall not be served concurrently with any sentence being served at the time the offense is committed."

Violent crimes

SECTION 2. Section 16-1-60 of the 1976 Code, as last amended by Act 83 of 1995, 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); taking of a hostage by an inmate (Section 24-13-450); voluntary manslaughter (Section 16-3-50); armed robbery (Section 16-11-330(A)); attempted armed robbery (Section 16-11-330(B)); 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)); 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)); 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."

Crime classification

SECTION 3. Subsections (A) and (C) of Section 16-1-90 of the 1976 Code are amended to read:

"(A) The following offenses are Class A felonies and the maximum terms established for a Class A felony, as set forth in Section 16-1-20(A), apply:

16-3-50 Manslaughter - voluntary

16-3-652 Criminal sexual conduct

First degree

16-3-655 Criminal sexual conduct with minors if victim under 11 years of age

First degree

16-3-656 Assault with intent to commit criminal sexual conduct

First degree

16-3-658 Criminal sexual conduct where victim is legal spouse

(separated)

First degree

16-3-910 Kidnapping

16-3-920 Conspiracy to commit

kidnapping

16-11-380 Entering bank, depository, or building and loan association with intent to steal

16-11-330(A) Robbery while armed with a deadly weapon

16-11-390 Safecracking

24-13-450 Taking of a hostage by an inmate

44-53-370 Prohibited Acts A, penalties

(b)(1) (narcotic drugs in Schedules I(b) and (c), LSD, and Schedule II)

Second, third, or subsequent offenses

44-53-370 Prohibited Acts A, penalties

(e)(2)(a)2 (trafficking in cocaine, 10 grams or more, but less than 28 grams)

Second offense

44-53-370 Prohibited Acts, penalties

(e)(2)(b)2 (trafficking in cocaine, 28 grams or more, but less than 100 grams)

Second offense

44-53-370 Prohibited Acts, penalties

(e)(5)(a)2 (trafficking in LSD, 100 dosage units or more, but less than 500 dosage units)

Second offense

44-53-370 Prohibited Acts, penalties

(e)(5)(b)2 (trafficking in LSD, 500 dosage units or more, but less than 1,000 dosage units)

Second offense

44-53-375 Manufacture, distribution, etc.,

(B)(3) ice, crank, or crack cocaine

Third or subsequent offense

44-53-375 Trafficking in ice, crank, or

(C)(1)(b) crack cocaine (10 grams or more, but less than 28 grams)

Second offense

44-53-375 Trafficking in ice, crank, or

(C)(2)(b) crack cocaine (28 grams or more, but less than 100 grams)

Second offense

55-1-30(3) Unlawful removing or damaging of airport facility or equipment when death results

56-5-1030 Interference with traffic-control

(B)(3) devices or railroad signs or signals prohibited when death results from violation

58-17-4090 Penalty for obstruction of railroad"

"(C) The following offenses are Class C felonies and the maximum terms established for a Class C felony, as set forth in Section 16-1-20(A), apply:

16-3-70 Administering or attempting to administer poison

16-3-75 Unlawful and malicious tampering with human drug product or food

16-3-220 Lynching in the second degree

16-3-620 Assault and battery with intent to kill

16-3-653 Criminal sexual conduct

Second degree

16-3-655(2) Criminal sexual conduct with minor - victim 14 years of age or less, but who is at least 11 years of age

Second degree

16-3-655(3) Criminal sexual conduct with minor - victim less than 16 years of age, but who is at least 14 years of age

Second degree

16-3-656 Assault with intent to commit criminal sexual conduct

Second degree

16-3-658 Criminal sexual conduct where victim is legal spouse

(separated)

Second degree

16-3-810 Engaging child under 18 for sexual performance

16-11-110(B) Arson - second degree

16-11-330(B) Attempted armed robbery

16-11-350 Train robbery by stopping train

16-11-360 Robbery after entry upon train

16-11-540 Damaging or destroying

building, vehicle, or other

property by means of

explosive or incendiary

25-7-30 Giving information respecting national or state defense to foreign contacts (violation during peacetime)

44-53-370 Prohibited Acts A, penalties

(b)(2) (manufacture or possession of other substances in Schedule I, II, III, with intent to distribute)

Third or subsequent offense

44-53-370 Prohibited Acts A, penalties

(e)(1)(a)2 (trafficking in marijuana, 10 pounds or more, but less than 100 pounds)

Second offense

44-53-440 Distribution of controlled

substance under Sections

44-53-370(a) and 44-53-375(B)

to persons under 18

44-53-475 Concealment of property derived

(A)(3) from unlawful drug activity

58-15-870 Injuring railroad or electric railway generally if act endangers life"

Most serious offense

SECTION 4. Section 17-25-45(C)(1) of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:

"(C) As used in this section:

(1) 'Most serious offense' means:

16-1-40 Accessory, for any offense enumerated in this item

16-1-80 Attempt, for any offense enumerated in this

item

16-3-10 Murder

16-3-30 Killing by poison

16-3-40 Killing by stabbing or thrusting

16-3-50 Voluntary manslaughter

16-3-85(A)(1) Homicide by child abuse

16-3-85(A)(2) Aiding and abetting homicide by child abuse

16-3-210 Lynching, First degree

16-3-430 Killing in a duel

16-3-620 Assault and battery with intent to kill

16-3-652 Criminal sexual conduct, First degree

16-3-653 Criminal sexual conduct, Second degree

16-3-655 Criminal sexual conduct with minors, except where evidence is presented at the criminal proceeding and the court, after the conviction, makes a specific finding on the record that the conviction obtained for this offense resulted from consensual sexual conduct where the victim was younger than the actor, as contained in Section 16-3-655(3)

16-3-656 Assault with intent to commit criminal sexual conduct, First and Second degree

16-3-910 Kidnapping

16-3-920 Conspiracy to commit kidnapping

16-11-110(A) Arson, First degree

16-11-311 Burglary, First degree

16-11-330(A) Armed robbery

16-11-330(B) Attempted armed robbery

16-11-540 Damaging or destroying building, vehicle, or other property by means of explosive incendiary, results

24-13-450 Taking of a hostage by an inmate

25-7-30 Giving information respecting national or state defense to foreign contacts during war

25-7-40 Gathering information for an enemy

55-1-30(3) Unlawful removing or damaging of airport facility or equipment when death results

56-5-1030 Interference with traffic-control devices or

(B)(3) railroad signs or signals prohibited when death results from violation

58-17-4090 Obstruction of railroad, death results."

Assault on a correctional facility employee

SECTION 5. The 1976 Code is amended by adding:

"Section 16-3-630. A person convicted of assault upon an employee of a state or local correctional facility performing job-related duties must serve a mandatory minimum sentence of not less than six months nor more than five years. A sentence under this provision must be served consecutively to any other sentence the person is serving."

Throwing of bodily fluids

SECTION 6. The 1976 Code is amended by adding:

"Section 24-13-470. An inmate who attempts to throw or throws bodily fluids including, but not limited to, urine, blood, feces, vomit, saliva, or semen on an employee of a state or local correctional facility is guilty of a felony and, upon conviction, must be imprisoned not more than fifteen years. A sentence under this provision must be served consecutively to any other sentence the inmate is serving. This section shall not prohibit the prosecution of an inmate for a more serious offense if the inmate is determined to be HIV-positive or has another disease that may be transmitted through bodily fluids."

Escaping or attempting to escape

SECTION 7. Section 24-13-410 of the 1976 Code, as last amended by Act 406 of 1996, 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 less than one year nor more than fifteen years.

(C) The term of imprisonment is consecutive to the original sentence and to other sentences previously imposed upon the escapee by a court of this State."

Carrying or concealing a weapon

SECTION 8. Section 24-13-440 of the 1976 Code is amended to read:

"Section 24-13-440. It is unlawful for an inmate of a state correctional facility, city or county jail, or public works of a county to carry on his person a dirk, slingshot, metal knuckles, razor, firearm, or any other deadly weapon, homemade or otherwise, which usually is used for the infliction of personal injury upon another person, or to wilfully conceal any weapon within any Department of Corrections facility or other place of confinement.

A person violating this section is guilty of a felony and, upon conviction, must be imprisoned not more than ten years. A sentence imposed under this section must be served consecutively to any other sentence the inmate is serving."

Illegal sexual intercourse

SECTION 9. Section 44-23-1150 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:

"Section 44-23-1150. A person having sexual intercourse with a patient or trainee of a state mental health facility, whether the patient or trainee is within the facility or unlawfully away from the facility, or an employee of a state or local correctional facility having sexual intercourse with an inmate of that facility, is guilty of a felony and, upon conviction, must be imprisoned not more than ten years."

Time effective

SECTION 10. This act takes effect upon approval by the Governor.

Approved the 11th day of June, 1997.