South Carolina General Assembly
109th Session, 1991-1992

Bill 945


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               Senate
Bill Number:                    945
Primary Sponsor:                Rose
Committee Number:               25
Type of Legislation:            GB
Subject:                        Mentally retarded, sexual
                                intercourse with patient unlawful
Residing Body:                  House
Current Committee:              Judiciary
Computer Document Number:       BR1/1593.AC
Introduced Date:                Apr 30, 1991
Date of Last Amendment:         Mar 10, 1992
Last History Body:              House
Last History Date:              Mar 12, 1992
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   Rose
Type of Legislation:            General Bill



History


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 945   House   Mar 12, 1992  Introduced, read first time,    25
                             referred to Committee
 945   Senate  Mar 11, 1992  Read third time, sent to House
 945   Senate  Mar 10, 1992  Amended, read second time
 945   Senate  Mar 04, 1992  Committee Report: Favorable     11
 945   Senate  Apr 30, 1991  Introduced, read first time,    11
                             referred to Committee

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken
Indicates New Matter

AMENDED

March 10, 1992

S. 945

Introduced by SENATOR Rose

S. Printed 3/10/92--S.

Read the first time April 30, 1991.

A BILL

TO AMEND SECTION 44-23-1150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR HAVING SEXUAL INTERCOURSE WITH A PATIENT IN A STATE MENTAL HEALTH FACILITY, SO AS TO HAVE THE PENALTY APPLY IF THE PATIENT IS IN A STATE MENTAL RETARDATION FACILITY AND TO INCLUDE THE PENALTY FOR COMMITTING SODOMY ON SUCH PATIENTS.

Amend Title To Conform

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

SECTION 1. Section 44-23-1150 of the 1976 Code is amended to read:

"Section 44-23-1150. Any A person having sexual intercourse with or who commits sodomy with a patient or trainee of any a state mental health facility or a state mental retardation facility who, whether the patient or trainee is within the facility or unlawfully known to be away from the facility unlawfully, shall be is guilty of a misdemeanor and, upon conviction, shall must be punished by hard labor on the county chain gang or in the State Penitentiary for a period not exceeding imprisoned not more than twenty years, within the discretion of the court."

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

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