H 4589 General Bill, By Young, Crawford, Hutson and Knight
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 16-3-29 SO AS TO CREATE THE OFFENSE OF ATTEMPTED MURDER; TO AMEND SECTION
 16-1-60, AS AMENDED, RELATING TO VIOLENT OFFENSES, SO AS TO INCLUDE CERTAIN
 ASSAULT AND ASSAULT AND BATTERY OFFENSES; TO AMEND SECTION 16-3-620, RELATING
 TO THE OFFENSE OF ASSAULT AND BATTERY WITH INTENT TO KILL, SO AS TO CREATE
 GRADUATED ASSAULT AND ASSAULT AND BATTERY OFFENSES AND TO REPEAL COMMON LAW
 ASSAULT AND ASSAULT AND BATTERY OFFENSES; AND TO AMEND SECTION 17-25-45, AS
 AMENDED, RELATING TO LIFE SENTENCES FOR CERTAIN OFFENSES, SO AS TO ADD CERTAIN
 ASSAULT AND ASSAULT AND BATTERY OFFENSES TO THE OFFENSES CONSIDERED "MOST
 SERIOUS" AND "SERIOUS".

   01/29/08  House  Introduced and read first time HJ-35
   01/29/08  House  Referred to Committee on Judiciary HJ-35

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-29 SO AS TO CREATE THE OFFENSE OF ATTEMPTED MURDER; TO AMEND SECTION 16-1-60, AS AMENDED, RELATING TO VIOLENT OFFENSES, SO AS TO INCLUDE CERTAIN ASSAULT AND ASSAULT AND BATTERY OFFENSES; TO AMEND SECTION 16-3-620, RELATING TO THE OFFENSE OF ASSAULT AND BATTERY WITH INTENT TO KILL, SO AS TO CREATE GRADUATED ASSAULT AND ASSAULT AND BATTERY OFFENSES AND TO REPEAL COMMON LAW ASSAULT AND ASSAULT AND BATTERY OFFENSES; AND TO AMEND SECTION 17-25-45, AS AMENDED, RELATING TO LIFE SENTENCES FOR CERTAIN OFFENSES, SO AS TO ADD CERTAIN ASSAULT AND ASSAULT AND BATTERY OFFENSES TO THE OFFENSES CONSIDERED "MOST SERIOUS" AND "SERIOUS".

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

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

"Section 16-3-29.    A person who attempts to commit the crime of murder as defined in Section 16-3-10 is guilty of a felony and, upon conviction, must be punished as for the principal offense as provided in this article."

SECTION    2.    Section 16-1-60 of the 1976 Code, as last amended by Act 379 of 2006, is further amended to read:

"Section 16-1-60.    (A)    For purposes of definition under South Carolina law, a violent crime includes the offenses of:

(1)    murder (Section 16-3-10);

(2)    criminal sexual conduct in the first and second degree (Sections 16-3-652 and 16-3-653);

(3)    criminal sexual conduct with minors, first and second degree (Section 16-3-655);

(4)    assault with intent to commit criminal sexual conduct, first and second degree (Section 16-3-656);

(5)    assault in the first degree and assault and battery with intent to killin the first degree (Section 16-3-620);

(6)    kidnapping (Section 16-3-910);

(7)    voluntary manslaughter (Section 16-3-50);

(8)    armed robbery (Section 16-11-330(A));

(9)    attempted armed robbery (Section 16-11-330(B));

(10)    carjacking (Section 16-3-1075);

(11)    drug trafficking as defined in Section 44-53-370(e) or trafficking cocaine base as defined in Section 44-53-375(C);

(12)    manufacturing or trafficking methamphetamine as defined in Section 44-53-375;

(13)    arson in the first degree (Section 16-11-110(A));

(14)    arson in the second degree (Section 16-11-110(B));

(15)    burglary in the first degree (Section 16-11-311);

(16)    burglary in the second degree (Section 16-11-312(B));

(17)    engaging a child for a sexual performance (Section 16-3-810);

(18)    homicide by child abuse (Section 16-3-85(A)(1));

(19)    aiding and abetting homicide by child abuse (Section 16-3-85(A)(2));

(20)    inflicting great bodily injury upon a child (Section 16-3-95(A));

(21)    allowing great bodily injury to be inflicted upon a child (Section 16-3-95(B));

(22)    criminal domestic violence of a high and aggravated nature (Section 16-25-65);

(23)    abuse or neglect of a vulnerable adult resulting in death (Section 43-35-85(F));

(24)    abuse or neglect of a vulnerable adult resulting in great bodily injury (Section 43-35-85(E)); accessory before the fact to commit any of the above offenses (Section 16-1-40); attempt to commit any of the above offenses (Section 16-1-80);and

(25)    taking of a hostage by an inmate (Section 24-13-450).     (B)    For purposes of definition under South Carolina law, a violent crime includes accessory before the fact to commit any of the offenses delineated in subsection (A) (Section 16-1-40) and attempt to commit any of the offenses delineated in subsection (A) (Section 16-1-80).

(C)    Only those offenses specifically enumerated in this section are considered violent offenses."

SECTION    3.    Section 16-3-620 of the 1976 Code is amended to read:

"Section 16-3-620.    The crime of assault and battery with intent to kill shall be a felony in this State and any person convicted of such crime shall be punished by imprisonment not to exceed twenty years.(A)    For purposes of this section:

(1)    'Assault' means the offer to commit an unlawful contact or other offensive touching upon another person with the present ability to commit the act with an object or body part set in motion by the actor.

(2)    'Battery' means the completion of the assault or the offensive touching of another person or an object intimately connected with the person's body including, but not limited to a vehicle, purse, briefcase, or clothing.

(3)    'Deadly weapon' means any instrument which can be used to inflict deadly force including, but not limited to, firearms, knives, razors, machetes, poison, drugs, motor vehicles, animals, hands, or feet.

(4)    'Great bodily injury' means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of a bodily member or organ.

(5)    'Indecent sexual conduct' means contact upon the body of another person with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of the actor or another person which does not meet the definition of 'sexual battery' contained in Section 16-3-651.

(6)    'Moderate bodily injury' means bodily injury which actually, or in the opinion of a medical professional, requires medical treatment but does not cause a substantial risk of death or which does not cause serious, permanent disfigurement or protracted loss or impairment of the function of a bodily member or organ.

(7)    'Simple bodily injury' means an injury that actually, or in the opinion of a health care professional, does not need medical attention but evidence of an injury is apparent including, but not limited to, a bruise, scar, cut, or scrape.

(B)(1)    A person is guilty of assault and battery in the first degree if he commits an act of unlawful physical contact against another person and:

(a)    great bodily injury to the victim results;

(b)    the actor uses a deadly weapon in the commission of the offense;

(c)    the act is accomplished with malice aforethought, either expressed or implied;

(d)    the act is accomplished during the commission of another violent crime as defined in Section 16-1-60; or

(e)    moderate bodily injury to a law enforcement officer results while in the performance of his official duties.

(2)    A person convicted pursuant to this subsection is guilty of a felony and, upon conviction, must be imprisoned for life or by a mandatory minimum of ten years, no part of which may be suspended nor probation granted. For purposes of this subsection, 'life' means until death.

(C)(1)    A person is guilty of assault and battery in the second degree if he commits an act of unlawful physical contact against another person and:

(a)    moderate bodily injury to the victim results;

(b)    indecent sexual contact to a male or female victim is perpetrated by the actor;

(c)    simple bodily injury to a law enforcement officer results while in the performance of his official duties; or

(d)    there is disparity of the physical condition, size, ability, or ages between the actor and the victim.

(2)    A person convicted pursuant to this subsection is guilty of a felony and, upon conviction, must be imprisoned for not more than ten years.

(D)(1)    A person is guilty of assault and battery in the third degree if he commits an act of unlawful physical contact against another person.

(2)    A person convicted pursuant to this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than thirty days, or both.

(E)(1)    A person is guilty of assault in the first degree if he commits an assault against another person without actual unlawful physical contact and:

(a)    the threat of great bodily injury to the victim is present;

(b)    the actor is in possession of a deadly weapon;

(c)    the act is accomplished with malice aforethought, either expressed or implied;

(d)    the act is accomplished during the commission of another violent crime as defined in Section 16-1-60; or

(e)    the actor uses a deadly weapon to threaten a law enforcement officer while in the performance of his official duties.

(2)    A person convicted pursuant to this subsection is guilty of a felony and, upon conviction, must be imprisoned for not more than thirty years.

(F)(1)    A person is guilty of assault in the second degree if he commits an assault without actual unlawful physical contact and:

(a)    the threat of moderate bodily injury to the victim is present; or

(b)    there is disparity of the physical condition, size, ability, or ages between the actor and the victim.

(2)    A person convicted pursuant to this subsection is guilty of a felony and, upon conviction, must be imprisoned for not more than five years.

(G)(1)    A person is guilty of assault in the third degree if he offers or threatens to commit an act of unlawful physical contact with the present ability to carry out the offer or threat.

(2)    A person convicted pursuant to this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than thirty days, or both.

(H)    The common law offenses of assault and battery with intent to kill, assault and battery of a high and aggravated nature, aggravated assault and battery, simple assault and battery, assault and battery, assault of a high and aggravated nature, aggravated assault, simple assault, and assault are abolished."

SECTION    4.    Section 17-25-45(C) of the 1976 Code, as last amended by Act 72 of 2007, 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,

First degree

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

16-3-1075                    Carjacking

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, death 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

43-35-85(F)                    Abuse or neglect of a vulnerable adult

resulting in death

55-1-30(3)                    Unlawful removing or damaging of

airport     facility or equipment when death

results

56-5-1030(B)(3)            Interference with traffic-control devices or

railroad signs or signals

prohibited when death results

from violation

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

(2)    'Serious offense' means:

(a)    any offense which is punishable by a maximum term of imprisonment for thirty years or more which is not referenced in subsection (C)(1);

(b)    those felonies enumerated as follows:

16-3-220                        Lynching, Second degree

16-3-620                        Assault, First degree

16-3-810                        Engaging child for sexual performance

16-9-220                        Acceptance of bribes by officers

16-9-290                        Accepting bribes for purpose of procuring

public office

16-11-110(B)                Arson, Second degree

16-11-312(B)                Burglary, Second degree

16-11-380(B)                Theft of a person using an automated

teller machine

16-13-210(1)                Embezzlement of public funds

16-13-230(B)(3)            Breach of trust with fraudulent intent

16-13-240(1)                Obtaining signature or property by false

pretenses

38-55-540(3)                Insurance fraud

43-35-85(E)                Abuse or neglect of a vulnerable adult

resulting in great bodily injury

44-53-370(e)                Trafficking in controlled substances

44-53-375(C)                Trafficking in ice, crank, or crack cocaine

44-53-445(B)(1)&(2)    Distribute, sell, manufacture, or posses

with intent to distribute controlled

substances within proximity of school

56-5-2945                    Causing death by operating vehicle while

under influence of drugs or alcohol; and

(c)    the offenses enumerated below:

16-1-40                        Accessory before the fact for any of the

offenses listed in subitems (a) and (b)

16-1-80                        Attempt to commit any of the offenses

listed in subitems (a) and (b)

43-35-85(E)                Abuse or neglect of a vulnerable adult

resulting in great bodily injury."

SECTION    5.    Wherever in the 1976 Code reference is made to the common law offense of assault and battery of a high and aggravated nature, it means assault and battery in the second degree as defined in Section 16-3-620(C); and wherever reference is made to assault and battery with intent to kill, it means attempted murder as defined in Section 16-3-29.

SECTION    6.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION    7.    This act takes effect upon approval by the Governor.