H 4365 General Bill, By Wilkins, Allison, L.L. Elliott, Harrell and Vaughn

Similar(S 932, S 935)
 A Bill to amend Section 16-1-60, as amended, Code of Laws of South Carolina,
 1976, relating to violent crimes, so as to repeal the provisions requiring the
 crime to be defined as a violent crime at the time it was committed.

   12/08/93  House  Prefiled
   12/08/93  House  Referred to Committee on Judiciary
   01/11/94  House  Introduced and read first time HJ-31
   01/11/94  House  Referred to Committee on Judiciary HJ-31
   02/10/94  House  Committee report: Favorable with amendment
                     Judiciary HJ-506
   03/01/94  House  Amended HJ-43
   03/01/94  House  Read second time HJ-44
   03/02/94  House  Read third time and sent to Senate HJ-17
   03/03/94  Senate Introduced and read first time SJ-7
   03/03/94  Senate Referred to Committee on Judiciary SJ-7

AMENDED

March 1, 1994

H. 4365

Introduced by REPS. Wilkins, Vaughn, Allison, Elliott and Harrell

S. Printed 3/1/94--H.

Read the first time January 11, 1994.

A BILL

TO AMEND SECTION 16-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLENT CRIMES, SO AS TO REPEAL THE PROVISIONS REQUIRING THE CRIME TO BE DEFINED AS A VIOLENT CRIME AT THE TIME IT WAS COMMITTED.

Amend Title To Conform

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

SECTION 1. Section 16-1-60 of the 1976 Code, as last amended by Section 8, Act 184 of 1993, is further amended to read:

"Section 16-1-60. (A) For purposes of definition under South Carolina law a violent crime includes the offenses of murder (Section 16-3-10); criminal sexual conduct in the first and second degree (Sections 16-3-652 and 16-3-653); criminal sexual conduct with minors, first and second degree (Section 16-3-655); assault with intent to commit criminal sexual conduct, first and second degree (Section 16-3-656); assault and battery with intent to kill (Section 16-3-620); kidnapping (Section 16-3-910); voluntary manslaughter (Section 16-3-50); armed robbery (Section 16-11-330); drug trafficking as defined in Section 44-53-370(e); arson in the first degree (Section 16-11-110(A)); burglary in the first degree (Section 16-11-311); and burglary in the second degree (Section 16-11-312(A) and (B)), engaging a child for a sexual performance (16-3-810); accessory before the fact to commit any of the above offenses (16-1-40); and attempt to commit any of the above offenses (16-1-80). Only those offenses specifically enumerated in this section are considered violent offenses.

(B) For a person to be considered guilty of a violent crime, the offense must be defined as a violent crime pursuant to subsection (A) at the time of the commission of the crime."

SECTION 2. This act takes effect upon approval by the Governor.