Bill 4432

                    Current Status

Introducing Body:               House
Bill Number:                    4432
Ratification Number:            479
Act Number:                     412
Primary Sponsor:                Wilkins
Type of Legislation:            GB
Subject:                        Homicide by child abuse
Companion Bill Number:          1308
Date Bill Passed both Bodies:   May 20, 1992
Computer Document Number:       BR1/2084.AC
Governor's Action:              S
Date of Governor's Action:      Jun 02, 1992
Introduced Date:                Feb 20, 1992
Date of Last Amendment:         May 19, 1992
Last History Body:              ------
Last History Date:              Jun 02, 1992
Last History Type:              Act No. 412
Scope of Legislation:           Statewide
All Sponsors:                   Wilkins
                                Jennings
                                Harrison
                                Huff
                                J.
                                Williams
                                Clyborne
Type of Legislation:            General Bill

 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 4432  ------  Jun 02, 1992  Act No. 412
 4432  ------  Jun 02, 1992  Signed by Governor
 4432  ------  May 27, 1992  Ratified R 479
 4432  House   May 20, 1992  Concurred in Senate
                             amendment, enrolled for
                             ratification
 4432  Senate  May 19, 1992  Amended, read third time,
                             returned to House with
                             amendments
 4432  Senate  May 07, 1992  Amended
 4432  Senate  May 06, 1992  Read second time, ordered to
                             third reading with notice of
                             general amendments
 4432  Senate  Apr 30, 1992  Polled out of Committe:         11
                             Favorable with amendment
 4432  Senate  Apr 06, 1992  Introduced, read first time,    11
                             referred to Committee
 4432  House   Apr 03, 1992  Read third time, sent to
                             Senate
 4432  House   Apr 02, 1992  Amended, read second time,
                             unanimous consent for third
                             reading on Friday, April 3,
                             1992
 4432  House   Mar 25, 1992  Committee Report: Favorable     25
                             with amendment
 4432  House   Feb 20, 1992  Introduced, read first time,    25
                             referred to Committee

(A412, R479, H4432)

AN ACT 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; AND TO AMEND SECTION 19-11-30, RELATING TO THE COMPETENCY OF A HUSBAND OR WIFE TO TESTIFY TO COMMUNICATIONS BETWEEN THEM, SO AS TO INCLUDE IN THE EXCEPTIONS COMPELLING TESTIMONY THOSE PROCEEDINGS INVOLVING CHILD ABUSE OR NEGLECT OR THE DEATH OF A CHILD.

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

Elements of crime; penalties

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."

Crime added to list of felonies

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.

Husband or wife testimony required in certain actions

SECTION 3. The second paragraph of Section 19-11-30 of the 1976 Code is amended to read:

"Notwithstanding the above provisions, a husband or wife is required to disclose any communication, confidential or otherwise, made by one to the other during their marriage where the suit, action, or proceeding concerns or is based on child abuse or neglect, the death of a child, criminal sexual conduct involving a minor, or the commission or attempt to commit a lewd act upon a minor."

Time effective

SECTION 4. This act takes effect upon approval by the Governor.

Approved the 2nd day of June, 1992.