H*2331 Session 104 (1981-1982)
H*2331(Rat #0559, Act #0449 of 1982) General Bill, By M.S. Gulledge,
L.E. Gentry, J.G. McAbee, M.E. Nunnery, R.M. Tallon and D.C. Waldrop
A Bill to amend Section 16-11-110, Code of Laws of South Carolina, 1976,
relating to the crime of arson, so as to designate malicious burning of
property which threatens a fire as arson in the first degree; designate the
present crime of arson as arson in the second degree and the malicious burning
of buildings other than dwelling houses as arson in the third degree; provide
penalties for each degree of arson; to amend Section 16-11-190, relating to
the crime of attempted arson, so as to increase the term of imprisonment from
not less than one nor more than two years to not less than one nor more than
ten years and to increase the fine from an amount not to exceed one thousand
dollars to not more than ten thousand dollars; and to repeal Section 16-11-120
relating to the arson of certain buildings.-at
02/04/81 House Introduced and read first time HJ-483
02/04/81 House Referred to Committee on Judiciary HJ-483
04/08/81 House Committee report: Favorable with amendment
Judiciary HJ-1707
04/09/81 House Amended HJ-1779
04/09/81 House Read second time HJ-1781
04/14/81 House Read third time and sent to Senate HJ-1828
04/15/81 Senate Introduced and read first time SJ-20
04/15/81 Senate Referred to Committee on Judiciary SJ-20
05/19/82 Senate Committee report: Favorable with amendment
Judiciary SJ-30
05/20/82 Senate Amended SJ-25
05/20/82 Senate Read second time SJ-26
05/27/82 Senate Read third time SJ-29
05/27/82 Senate Returned SJ-29
06/01/82 House Non-concurrence in Senate amendment HJ-3664
06/02/82 Senate Senate insists upon amendment and conference
committee appointed Sens. Moore, Sanders, V.
Smith SJ-83
06/02/82 House Conference committee appointed Reps. Gulledge,
Gentry, & Hughston HJ-3827
06/03/82 Senate Conference report received SJ-6
06/03/82 Senate Conference report adopted SJ-6
06/03/82 House Conference report received HJ-3878
06/03/82 House Conference report adopted HJ-3879
06/03/82 House Ordered enrolled for ratification HJ-3880
06/03/82 House Ratified R 559 HJ-3944
06/09/82 Signed By Governor
06/09/82 Effective date 06/09/82
06/09/82 Act No. 449
06/18/82 Copies available
(A449, R559, H2331)
AN ACT TO AMEND SECTION 16-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO THE CRIME OF ARSON, SO AS TO DESIGNATE MALICIOUS BURNING OF PROPERTY
WHICH THREATENS A LIFE AS ARSON IN THE FIRST DEGREE; DESIGNATE THE PRESENT CRIME
OF ARSON AS ARSON IN THE SECOND DEGREE AND THE MALICIOUS BURNING OF BUILDINGS
OTHER THAN DWELLING HOUSES AS ARSON IN THE THIRD DEGREE; PROVIDE PENALTIES FOR
EACH DEGREE OF ARSON; TO AMEND SECTION 16-11-190, RELATING TO THE CRIME OF
ATTEMPTED ARSON, SO AS TO INCREASE THE TERM OF IMPRISONMENT FROM NOT LESS THAN
ONE NOR MORE THAN TWO YEARS TO NOT LESS THAN ONE NOR MORE THAN TEN YEARS AND TO
INCREASE THE FINE FROM AN AMOUNT NOT TO EXCEED ONE THOUSAND DOLLARS TO NOT MORE
THAN TEN THOUSAND DOLLARS; AND TO REPEAL SECTION 16-11-120 RELATING TO THE ARSON
OF CERTAIN BUILDINGS.
Be it enacted by the General Assembly of the State of South Carolina:
Malicious burning of property
Section 1. Section 16-11-110 of the 1976 Code is amended to read:
"Section 16-11-110. (A) Any person who wilfully and maliciously causes an
explosion, sets fire to, burns, or causes to be burned or aids, conunsels or
procures the buring of a building or structure which results in the destruction
or damage to such building or the burning of a building or structure, which
results, either directly or indirectly, in death or serious bodily injury to any
person shall be deemed guilty of arson in the first degree and upon conviction
thereof be imprisoned for not less than five nor more than twenty-five years.
(B) Any person who (a) wilfully and maiciously causes an explosion, sets fire
to, or burns, or causes to be burned or (b) aids, counsels or procures the
burning of any dwelling house or any kitchen, shop, barn, stable or other
outhouse that is parcel thereof or belonging to or adjoining thereto, whether the
property of himself or on another shall be deemed guilty of arson in the second
degree and upon conviction thereof be imprisoned for not less than two nor more
than twenty years.
(C) Any person who wilfully and maliciously causes an explosion sets fire to
or burns, or causes to be burned, aids counsels or procures the burning of a
building other than those specified in subsections (A) and (B) of this section
with intent to destroy or damage such a building whether his own or another's,
shall be deemed guilty of arson in the third degree and upon conviction shall be
imprisoned for not less than one and not more than ten years."
Penalty
Section 2. Section 16-11-190 of the 1976 Code is amended to read:
"Section 16-11-190. Any person who wilfully and maliciously attempts to
set fire to or to burn or to aid, councel or procure the burning of any of the
buildings or property mentioned in Sections 16-11-110 to 16-11-140 or who commits
any act preliminary thereto or in furtherance thereof shall, upon conviction, be
imprisoned for not less than one nor more than ten years or fined in an amount
not to exceen ten thousand dollars."
Provisions to be cumulative
Section 3. The provisions of Section 16-11-110 of the 1976 Code, as amended in
Section 1 of this act, are cumulative to and not in lieu of other provisions of
Chapter 11 of Title 16 of the 1976 Code.
Repeal
Section 4. Section 16-11-120 of the 1976 Code is repealed.
Time effective
Section 5. This act shall take effect upon the approval by the Governor. |