South Carolina Legislature


 

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H 3095
Session 111 (1995-1996)


H 3095 General Bill, By Kirsh, Meacham, Richardson, Simrill and Stille
 A Bill to amend Section 16-3-910, as amended, Code of Laws of South Carolina,
 1976, relating to kidnapping, so as to provide a mandatory minimum term of
 imprisonment of twenty years when a person is sentenced to two or more
 consecutive life imprisonmentNext terms for a violation of this Section; and to
 amend Section 24-21-610, relating to the requirement that a portion of a
 sentence is required to be served as a prerequisite to parole, so as to
 exclude the offense of kidnapping from the provisions of this Section when a
 person is sentenced to two Previouslife imprisonmentNext terms.

   12/14/94  House  Prefiled
   12/14/94  House  Referred to Committee on Judiciary
   01/10/95  House  Introduced and read first time HJ-35
   01/10/95  House  Referred to Committee on Judiciary HJ-36
   02/07/95  House  Tabled in committee Judiciary



A BILL

TO AMEND SECTION 16-3-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO KIDNAPPING, SO AS TO PROVIDE A MANDATORY MINIMUM TERM OF IMPRISONMENT OF TWENTY YEARS WHEN A PERSON IS SENTENCED TO TWO OR MORE CONSECUTIVE PreviousLIFE IMPRISONMENTNext TERMS FOR A VIOLATION OF THIS SECTION; AND TO AMEND SECTION 24-21-610, RELATING TO THE REQUIREMENT THAT A PORTION OF A SENTENCE IS REQUIRED TO BE SERVED AS A PREREQUISITE TO PAROLE, SO AS TO EXCLUDE THE OFFENSE OF KIDNAPPING FROM THE PROVISIONS OF THIS SECTION WHEN A PERSON IS SENTENCED TO TWO OR MORE CONSECUTIVE PreviousLIFE IMPRISONMENTNext TERMS.

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

SECTION 1. Section 16-3-910 of the 1976 Code, as last amended by Act 117 of 1991, is further amended by adding at the end:

"A person convicted under the provisions of this section and sentenced to two or more consecutive Previouslife imprisonment terms is not eligible for parole as provided in Section 24-21-610 until he has served at least twenty years."

SECTION 2. The third paragraph of Section 24-21-610 of the 1976 Code is amended to read:

"The provisions of this section do not affect the parole ineligibility provisions for murder, kidnapping, armed robbery, and drug trafficking as set forth respectively in Sections 16-3-20, 16-3-910, and 16-11-330, and subsection (e) of Section 44-53-370(e)."

SECTION 3. This act takes effect upon approval by the Governor.

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