South Carolina Legislature


 

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H 3891
Session 110 (1993-1994)


H 3891 General Bill, By J.W. Tucker, Jennings and L.M. Martin
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 19-11-65 so as to provide a list of crimes involving moral turpitude that may
 be used to impeach a witness.

   04/07/93  House  Introduced and read first time HJ-39
   04/07/93  House  Referred to Committee on Judiciary HJ-39



A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 19-11-65 SO AS TO PROVIDE A LIST OF CRIMES INVOLVING MORAL TURPITUDE THAT MAY BE USED TO IMPEACH A WITNESS.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 19-11-65. Only a crime involving moral turpitude may be used to impeach a witness. Moral turpitude involves an act of baseness, vileness, or depravity in the social duties which a man owes to his fellow man or to society in general, contrary to the accepted and customary role of right and duty between men.

A crime of moral turpitude includes one that involves an element of fraud, dishonest behavior, or a breach of one's duty to society. This includes:

(1) arson;

(2) assault with intent to ravish;

(3) assault and battery with intent to kill;

(4) auto theft;

(5) breaking into vehicles with intent to steal;

(6) burning an untenanted or unoccupied building;

(7) conspiracy to distribute marijuana;

(8) criminal sexual conduct with a minor;

(9) distribution of marijuana;

(10) forgery;

(11) fraudulent check;

(12) grand larceny;

(13) hit and run driving;

(14) housebreaking;

(15) larceny;

(16) lewd and lascivious conduct with children;

(17) making illegal whiskey;

(18) malicious destruction of personal property;

(19) manufacture of marijuana;

(20) mistreatment of a child;

(21) peeping tom;

(22) possession of cocaine;

(23) possession of heroin;

(24) possession of marijuana with intent to distribute;

(25) rape;

(26) receiving stolen goods;

(27) resisting arrest;

(28) robbery;

(29) trafficking in marijuana, including conspiracy to import."

SECTION 2. This act takes effect upon approval by the Governor.

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