H 3517 General Bill, By McCoy, D.C. Moss, Murphy, Brannon, Limehouse, Clemmons, 
Hixon, Erickson, Bedingfield, Lucas, G.R. Smith, Pope, Ryan and Crosby
 A BILL TO AMEND SECTION 16-3-29, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO ATTEMPTED MURDER, SO AS TO CREATE THE OFFENSE OF ATTEMPTED MURDER
 OF A LAW ENFORCEMENT OFFICER AND PROVIDE A MANDATORY MINIMUM PENALTY.

   02/01/11  House  Introduced and read first time (House Journal-page 4)
   02/01/11  House  Referred to Committee on Judiciary
                     (House Journal-page 4)

TO AMEND SECTION 16-3-29, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATTEMPTED MURDER, SO AS TO CREATE THE OFFENSE OF ATTEMPTED MURDER OF A LAW ENFORCEMENT OFFICER AND PROVIDE A MANDATORY MINIMUM PENALTY.

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

SECTION    1.    Section 16-3-29 of the 1976 Code, as added by Act 273 of 2010, is amended to read:

"Section 16-3-29.    (A)    A person who, with intent to kill, attempts to kill another person with malice aforethought, either expressed or implied, commits the offense of attempted murder. A person who violates this section subsection is guilty of a felony, and, upon conviction, must be imprisoned for not more than thirty years. A sentence imposed pursuant to this section subsection may not be suspended nor may probation be granted.

(B)    A person who violates the provisions of subsection (A) when the victim is a federal, state, or local law enforcement officer is guilty of the felony of attempted murder of a law enforcement officer and, upon conviction, must be imprisoned for a mandatory minimum of fifteen years nor more than thirty years. No part of the mandatory minimum sentence required by this subsection may be suspended nor may probation be granted."

SECTION    2.    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founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action,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    3.    This act takes effect upon approval by the Governor.