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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