Current Status Introducing Body:
SenateBill Number: 338Primary Sponsor: WilsonType of Legislation: GBSubject: Armed robberyResiding Body: SenateCurrent Committee: JudiciaryComputer Document Number: 338Introduced Date: Jan 08, 1991Last History Body: SenateLast History Date: Apr 10, 1991Last History Type: Committee Report: FavorableScope of Legislation: StatewideAll Sponsors: Wilson GieseType of Legislation: General Bill
Bill Body Date Action Description CMN ---- ------ ------------ ------------------------------ --- 338 Senate Apr 10, 1991 Committee Report: Favorable 11 338 Senate Jan 08, 1991 Introduced and read first 11 time, referred to Committee 338 Senate Dec 03, 1990 Prefiled, referred to 11 CommitteeView additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
April 10, 1991
S. Printed 4/10/91--S.
Read the first time January 8, 1991.
To whom was referred a Bill (S. 338), to amend Section 16-11-330, Code of Laws of South Carolina, 1976, relating to the crimes of armed robbery and attempted armed robbery, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass:
ADDISON G. WILSON, for Committee.
TO AMEND SECTION 16-11-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIMES OF ARMED ROBBERY AND ATTEMPTED ARMED ROBBERY, SO AS TO EXTEND THE OFFENSE TO CASES IN WHICH A PERSON ALLEGES HE IS ARMED WHILE USING A REPRESENTATION OF A DEADLY WEAPON OR ANY OTHER OBJECT WHICH A PERSON MAY REASONABLY BELIEVE TO BE A DEADLY WEAPON.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-11-330 of the 1976 Code is amended to read:
"Section 16-11-330. (1) Any person convicted for the crime of robbery while armed with a pistol, dirk, slingshot, metal knuckles, razor, or other deadly weapon or who alleged he was armed, either by action or words, while using a represenatation of a deadly weapon or any object which a person may reasonably believe to be a deadly weapon shall suffer punishment by imprisonment at hard labor for a term of not less than ten years nor more than twenty-five years, in the discretion of the judge, no part of which may be suspended. No person convicted under the provisions of this subsection shall be is eligible for parole until he has served at least seven years of his sentence.
Provided, that any Any person under the age of twenty-one sentenced under the provisions of Chapter 19 of Title 24 (the Youthful Offenders Act) for the crime of armed robbery shall receive and serve a minimum of at least three years, no part of which shall may be suspended. No such person shall be is eligible for parole or probation until he has served such the three-year minimum sentence.
Provided, further, that notwithstanding any other provision of law, no No person between the ages of twenty-one and twenty-five who is convicted of the crime of armed robbery may be sentenced under the provisions of Chapter 19 of Title 24 (the Youthful Offenders Act).
(2) Any person convicted for the crime of attempted robbery while armed with a pistol, dirk, slingshot, metal knuckles, razor, or other deadly weapon or who alleged he was armed, either by action or words, while using a facsimile of a deadly weapon or any object which a person may reasonably believe to be a deadly weapon shall suffer punishment by imprisonment at hard labor for a term of not more than twenty years, in the discretion of the judge."
SECTION 2. This act takes effect upon approval by the Governor.