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 imprisonment 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 life imprisonment 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 LIFE IMPRISONMENT 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 LIFE IMPRISONMENT 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 life 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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