S*0866(Rat #0414, Act #0402 of 1998)  General Bill, By Holland, Hayes, Leventis, 
Martin, McConnell, Mescher, Ravenel, Reese and Wilson
 A BILL TO AMEND SECTION 16-3-1075, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE FELONY OF CARJACKING, SO AS TO INCREASE THE PENALTIES FOR THE
 OFFENSE; TO AMEND SECTION 16-1-60, AS AMENDED, RELATING TO VIOLENT CRIMES, SO
 AS TO PROVIDE THAT CARJACKING IS A VIOLENT CRIME; TO AMEND SECTION 17-25-45,
 AS AMENDED, RELATING TO MOST SERIOUS OFFENSES, SO AS TO PROVIDE THAT
 CARJACKING IS A MOST SERIOUS OFFENSE.

   12/15/97  Senate Prefiled
   12/15/97  Senate Referred to Committee on Judiciary
   01/14/98  Senate Introduced and read first time SJ-17
   01/14/98  Senate Referred to Committee on Judiciary SJ-17
   01/21/98  Senate Committee report: Favorable Judiciary SJ-7
   01/27/98  Senate Read second time SJ-344
   01/28/98  Senate Read third time and sent to House SJ-18
   01/28/98  House  Introduced and read first time HJ-19
   01/28/98  House  Referred to Committee on Judiciary HJ-19
   05/27/98  House  Committee report: Favorable Judiciary HJ-9
   06/02/98  House  Requests for debate-Rep(s). Scott, Cobb-Hunter,
                     Moody-Lawrence, Lloyd, Harrison, Inabinett,
                     Breeland, McMahand, Jennings, Woodrum, Young &
                     Gourdine HJ-27
   06/02/98  House  Read second time HJ-132
   06/02/98  House  Roll call Yeas-86  Nays-0 HJ-133
   06/03/98  House  Read third time and enrolled HJ-28
   06/04/98         Ratified R 414
   06/08/98         Signed By Governor
   06/08/98         Effective date 06/08/98
   06/25/98         Copies available
   06/30/98         Act No. 402

AN ACT TO AMEND SECTION 16-3-1075, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FELONY OF CARJACKING, SO AS TO INCREASE THE PENALTIES FOR THE OFFENSE; TO AMEND SECTION 16-1-60, AS AMENDED, RELATING TO VIOLENT CRIMES, SO AS TO PROVIDE THAT CARJACKING IS A VIOLENT CRIME; AND TO AMEND SECTION 17-25-45, AS AMENDED, RELATING TO MOST SERIOUS OFFENSES, SO AS TO PROVIDE THAT CARJACKING IS A MOST SERIOUS OFFENSE.

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

Carjacking

SECTION 1. Section 16-3-1075 of the 1976 Code, as added by Act 163 of 1993, is amended to read:

Section 16-3-1075. (A) For purposes of this section, '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 any bodily member or organ.

(B) A person is guilty of the felony of carjacking who takes, or attempts to take, a motor vehicle from another person by force and violence or by intimidation while the person is operating the vehicle or while the person is in the vehicle. Upon conviction for this offense, a person must:

(1) be imprisoned not more than twenty years; or

(2) if great bodily injury results, be imprisoned not more than thirty years.

Violent crimes

SECTION 2. Section 16-1-60 of the 1976 Code, as last amended by Act 136 of 1997, 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); voluntary manslaughter (Section 16-3-50); armed robbery (Section 16-11-330(A)); attempted armed robbery (Section 16-11-330(B)); carjacking (Section 16-3-1075); 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)); arson in the second degree (Section 16-11-110(B)); 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."

Most serious offense

SECTION 3. Section 17-25-45(C)(1) of the 1976 Code, as last amended by Act 136 of 1997, is further amended to read:

"(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

16-3-1075 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

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."

Time effective

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

Approved the 8th day of June, 1998.