H 3769 General Bill, By E.C. Stoddard
 A Bill to amend Sections 16-23-10 and 23-31-110, Code of Laws of South
 Carolina, 1976, relating to definitions for offenses involving weapons and
 definitions on regulation of pistols, so as to provide additional offenses for
 the definition of "crime of violence"; amend Section 16-1-60, relating to the
 definition of "violent crimes", so as to provide that the Section does not
 affect the definitions of crime of violence as contained in Sections 16-23-10
 and 23-31-110 for purposes of firearms regulation.

   04/04/91  House  Introduced and read first time HJ-3
   04/04/91  House  Referred to Committee on Judiciary HJ-3

A BILL

TO AMEND SECTIONS 16-23-10 AND 23-31-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR OFFENSES INVOLVING WEAPONS AND DEFINITIONS ON REGULATION OF PISTOLS, SO AS TO PROVIDE ADDITIONAL OFFENSES FOR THE DEFINITION OF "CRIME OF VIOLENCE"; TO AMEND SECTION 16-1-60, RELATING TO THE DEFINITION OF "VIOLENT CRIMES", SO AS TO PROVIDE THAT THE SECTION DOES NOT AFFECT THE DEFINITIONS OF CRIME OF VIOLENCE AS CONTAINED IN SECTIONS 16-23-10 AND 23-31-110 FOR PURPOSES OF FIREARMS REGULATION.

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

SECTION 1. Section 16-23-10(c) of the 1976 Code is amended to read:

"(c) The term `crime of violence' means murder, manslaughter (except negligent manslaughter arising out of traffic accidents), rape, mayhem, kidnapping, burglary, robbery, housebreaking, assault with intent to kill, commit rape, or rob, assault with a dangerous weapon, or assault with intent to commit any offense punishable by imprisonment for more than one year, criminal sexual conduct in any degree, burglary in any degree, assault and battery of a high and aggravated nature, aggravated assault, breaking and entering, involuntary manslaughter, or any attempt to commit a crime listed in this subsection."

SECTION 2. Section 23-31-110(c) of the 1976 Code is amended to read:

"(c) The term `crime of violence' means murder, manslaughter (except negligent manslaughter arising out of traffic accidents), rape, mayhem, kidnapping, burglary, robbery, housebreaking, assault with intent to kill, commit rape, or rob, assault with a dangerous weapon, or assault with intent to commit any offense punishable by imprisonment for more than one year, criminal sexual conduct in any degree, burglary in any degree, assault and battery of a high and aggravated nature, aggravated assault, breaking and entering, involuntary manslaughter, or any attempt to commit a crime listed in this subsection."

SECTION 3. Section 16-1-60 of the 1976 Code is amended to read:

"Section 16-1-60. For purposes of definition under South Carolina law a violent crime includes the offenses of murder, criminal sexual conduct in the first and second degree, assault and battery with intent to kill, kidnapping, voluntary manslaughter, armed robbery, drug trafficking as defined in Section 44-53-370(e), arson in the first degree, burglary in the first degree, and burglary in the second degree under Section 16-11-312(B). The definition of a violent crime as contained in this section does not apply to the definition of crimes of violence as contained in Sections 16-23-10 and 23-31-110 relating to firearms."

SECTION 4. This act takes effect upon approval by the Governor.