S*866 Session 112 (1997-1998)
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
(A402, R414, S866)
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. |