H 3242 Session 112 (1997-1998)
H 3242 General Bill, By Knotts, Cotty, Davenport, Keegan, J.D. McMaster, Rice,
Riser, Robinson, Seithel, Simrill, Stuart and Whatley
Similar(S 55)
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
16-3-1080 SO AS TO PROVIDE MANDATORY MINIMUM SENTENCES FOR CERTAIN CRIMES
MOTIVATED BY THE VICTIM'S RACE, COLOR, RELIGION, NATIONAL ORIGIN, ETHNICITY,
PHYSICAL OR MENTAL DISABILITY, AND TO PROVIDE THAT THIS PROVISION DOES NOT
PROHIBIT A SENTENCE GREATER THAN A MANDATORY MINIMUM SENTENCE OF THIRTY YEARS
WHEN IT IS PROVIDED IN ANOTHER SECTION OF LAW; AND TO AMEND SECTION 16-3-20,
AS AMENDED, RELATING TO THE SEPARATE SENTENCING PROCEEDING TO DETERMINE
WHETHER A PERSON CONVICTED OF MURDER SHOULD BE SENTENCED TO DEATH OR LIFE
IMPRISONMENT, SO AS TO ADD MOTIVATION BY A VICTIM'S ACTUAL OR PERCEIVED RACE,
COLOR, RELIGION, NATIONAL ORIGIN, ETHNICITY, OR PHYSICAL OR MENTAL DISABILITY
AS AN AGGRAVATING CIRCUMSTANCE TO CONSIDER WHEN A SENTENCE FOR MURDER IS BEING
DETERMINED.
01/15/97 House Introduced and read first time HJ-8
01/15/97 House Referred to Committee on Judiciary HJ-8
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING SECTION 16-3-1080 SO AS TO PROVIDE
MANDATORY MINIMUM SENTENCES FOR CERTAIN
CRIMES MOTIVATED BY THE VICTIM'S RACE, COLOR,
RELIGION, NATIONAL ORIGIN, ETHNICITY, PHYSICAL OR
MENTAL DISABILITY, AND TO PROVIDE THAT THIS
PROVISION DOES NOT PROHIBIT A SENTENCE GREATER
THAN A MANDATORY MINIMUM SENTENCE OF THIRTY
YEARS WHEN IT IS PROVIDED IN ANOTHER SECTION OF
LAW; AND TO AMEND SECTION 16-3-20, AS AMENDED,
RELATING TO THE SEPARATE SENTENCING PROCEEDING
TO DETERMINE WHETHER A PERSON CONVICTED OF
MURDER SHOULD BE SENTENCED TO DEATH OR LIFE
IMPRISONMENT, SO AS TO ADD MOTIVATION BY A
VICTIM'S ACTUAL OR PERCEIVED RACE, COLOR,
RELIGION, NATIONAL ORIGIN, ETHNICITY, OR PHYSICAL
OR MENTAL DISABILITY AS AN AGGRAVATING
CIRCUMSTANCE TO CONSIDER WHEN A SENTENCE FOR
MURDER IS BEING DETERMINED.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 16-3-1080. (A) A person convicted of the following
crimes and who is found to have been motivated to commit the crime
by the crime victim's actual or perceived race, color, religion,
national origin, ethnicity, physical or mental disability must receive
a mandatory minimum sentence of thirty years in prison of which no
part may be suspended:
(1) a violent crime as defined in Section 16-1-60; or
(2) a most serious offense as defined in Section 17-25-45(C)(1).
(B) A person convicted of the following crimes and who is found
to have been motivated to commit the crime by the crime victim's
actual or perceived race, color, religion, national origin, ethnicity,
physical or mental disability must receive a mandatory minimum
sentence of fifteen years in prison of which no part may be
suspended:
(1) second degree lynching (Section 16-3-220);
(2) resisting arrest with a deadly weapon (Section 16-3-625);
(3) criminal sexual conduct in the third degree (Section
16-3-654);
(4) engaging a child for sexual performance (Section 16-3-810);
(5) assault and battery of a high and aggravated nature (common
law); or
(6) burglary second degree (Section 16-11-312).
(C) Nothing in this section prohibits the imposition of a sentence
contained in Section 16-3-20 or another penalty provided by law
greater than a mandatory minimum sentence of thirty years."
SECTION 2. Section 16-3-20(C)(a) of the 1976 Code, as last
amended by Act 317 of 1996, is further amended by adding at the
end:
"( ) The offender was motivated by the victim's actual or perceived
race, color, religion, national origin, ethnicity, or physical or mental
disability."
SECTION 3. This act takes effect upon approval by the Governor.
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