Current Status Introducing Body:Senate Bill Number:1308 Primary Sponsor:Nell W. Smith Committee Number:25 Type of Legislation:GB Subject:Homicide by child abuse Residing Body:House Current Committee:Judiciary Companion Bill Number:4432 Computer Document Number:BR1/2130.AC Introduced Date:Feb 19, 1992 Date of Last Amendment:Mar 11, 1992 Last History Body:House Last History Date:Mar 17, 1992 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Nell W. Smith Mullinax Moore Type of Legislation:General Bill
Bill Body Date Action Description CMN ---- ------ ------------ ------------------------------ --- 1308 House Mar 17, 1992 Introduced, read first time, 25 referred to Committee 1308 Senate Mar 12, 1992 Read third time, sent to House 1308 Senate Mar 11, 1992 Amended, read second time 1308 Senate Mar 05, 1992 Amended 1308 Senate Mar 04, 1992 Committee Report: Favorable 11 with amendment 1308 Senate Feb 19, 1992 Introduced, read first time, 11 referred to CommitteeView additional legislative information at the LPITS web site.
AMENDED
March 11, 1992
S. 1308
Introduced by SENATORS Nell W. Smith, Mullinax and Moore
S. Printed 3/11/92--S.
Read the first time February 19, 1992.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-85 SO AS TO CREATE THE FELONY CRIMINAL OFFENSE OF HOMICIDE BY CHILD ABUSE, TO PROVIDE FOR THE CONSIDERATION OF AGGRAVATING AND MITIGATING CIRCUMSTANCES, AND TO PROVIDE PENALTIES.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 16-3-85. (A) A person is guilty of homicide by child abuse who:
(1) causes the death of a child under the age of eleven while committing child abuse or neglect as defined in Section 20-7-490 and the death occurs under circumstances manifesting an extreme indifference to human life; or
(2) knowingly aids and abets another person to commit child abuse or neglect as defined in Section 20-7-490 and the child abuse or neglect results in the death of a child under the age of eleven.
(B) Homicide by child abuse is a felony and a person who is convicted of or pleads guilty to homicide by child abuse:
(1) under subsection (A)(1) may be imprisoned for life but not less than a term of twenty years; or
(2) under subsection (A)(2) must be imprisoned for a term not exceeding twenty years nor less than ten years.
(C) In sentencing a person under this section the judge shall consider any aggravating circumstances, including, but not limited to, a defendant's past pattern of child abuse or neglect of a child under the age of eleven, and any mitigating circumstances; however, a child's crying does not constitute provocation so as to be considered a mitigating circumstance."
SECTION 2. The felony crime created by Section 16-3-85 of the 1976 Code as contained in Section 1 of this act is added to the list of crimes classified as felonies pursuant to Section 16-1-10 of the 1976 Code.
SECTION 3. This act takes effect upon approval by the Governor.