H 3118 General Bill, By Limehouse, Toole, G.R. Smith, Stringer and Hixon
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2
 TO CHAPTER 3, TITLE 16 SO AS TO PROVIDE THAT A PERSON MAY USE DEADLY FORCE
 AGAINST AN INDIVIDUAL WHEN THE PERSON REASONABLY BELIEVES THE INDIVIDUAL IS
 USING OR ATTEMPTING TO USE UNLAWFUL FORCE AGAINST HIM OR ANOTHER PERSON IN A
 MOTOR VEHICLE TO COMMIT OR ATTEMPT TO COMMIT THE BREAKING INTO AND ENTERING OR
 THEFT OF A MOTOR VEHICLE; AND BY ADDING SECTION 16-3-90 SO AS TO PROVIDE THAT
 WHEN DEATH OF A PERSON RESULTS FROM INJURIES RECEIVED DURING THE THEFT OF A
 STOLEN MOTOR VEHICLE WHEN UNLAWFUL FORCE IS ATTEMPTED OR USED, THE PERSON WHO
 ATTEMPTED OR USED UNLAWFUL FORCE IS GUILTY OF MURDER OR MANSLAUGHTER.

   12/07/10  House  Prefiled
   12/07/10  House  Referred to Committee on Judiciary
   01/05/11         Scrivener's error corrected
   01/11/11  House  Introduced and read first time (House Journal-page 51)
   01/11/11  House  Referred to Committee on Judiciary
                     (House Journal-page 51)

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 3, TITLE 16 SO AS TO PROVIDE THAT A PERSON MAY USE DEADLY FORCE AGAINST AN INDIVIDUAL WHEN THE PERSON REASONABLY BELIEVES THE INDIVIDUAL IS USING OR ATTEMPTING TO USE UNLAWFUL FORCE AGAINST HIM OR ANOTHER PERSON IN A MOTOR VEHICLE TO COMMIT OR ATTEMPT TO COMMIT THE BREAKING INTO AND ENTERING OR THEFT OF A MOTOR VEHICLE; AND BY ADDING SECTION 16-3-90 SO AS TO PROVIDE THAT WHEN DEATH OF A PERSON RESULTS FROM INJURIES RECEIVED DURING THE THEFT OF A STOLEN MOTOR VEHICLE WHEN UNLAWFUL FORCE IS ATTEMPTED OR USED, THE PERSON WHO ATTEMPTED OR USED UNLAWFUL FORCE IS GUILTY OF MURDER OR MANSLAUGHTER.

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 an individual when the person reasonably believes the individual is using or attempting to use unlawful force against him or another person present in a motor vehicle to commit or attempt to commit the breaking into and entering or theft of the 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.    Article 1, Chapter 3, Title 16 of 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, voluntary manslaughter, or involuntary manslaughter and, upon conviction, must be punished pursuant to the provisions contained in Section 16-3-20, 16-3-50 or 16-3-60."

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