Current Status Introducing Body:House Bill Number:3140 Primary Sponsor:Wofford Committee Number:25 Type of Legislation:GB Subject:Firearm or knife during commission of crime Residing Body:House Current Committee:Judiciary Computer Document Number:DKA/4159AL.93 Introduced Date:19930114 Last History Body:House Last History Date:19930114 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Wofford McMahand Cato Neilson Hines A. Young Hutson Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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3140 House 19930114 Introduced, read first time, 25
referred to Committee
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TO AMEND SECTION 16-23-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADDITIONAL PUNISHMENT FOR POSSESSING A FIREARM OR KNIFE DURING THE COMMISSION OF A VIOLENT CRIME, SO AS TO INCREASE THE PENALTY FOR VIOLATION AND PROVIDE FOR THE PENALTY TO BE MANDATORY AND TO RUN CONSECUTIVELY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-23-490 of the 1976 Code is amended to read:
"Section 16-23-490. Any A person who is convicted of committing or attempting to commit a violent crime as defined in Section 16-1-60, if the person is in possession of a firearm or visibly displays what appears to be a firearm or visibly displays a knife during the commission of the violent crime, shall, in addition to the punishment provided for the crime, must be punished by a term of imprisonment of five fifteen years; provided, that this five-year. This fifteen-year sentence does not apply in cases where the death penalty or a life sentence without parole is imposed for the violent crime. Service of this five-year fifteen-year sentence is mandatory unless a longer mandatory minimum term of imprisonment is provided by law for the violent crime. The court may impose this mandatory five-year sentence to run consecutively or concurrently and runs consecutively. The person so sentenced under this section is not eligible during this five-year fifteen-year period for parole, work release, or extended work release. Such five The fifteen years may must not be suspended, and the person may not complete his term of imprisonment in less than five fifteen years pursuant to good-time credits or work credits; however. However, the person may earn credits during this period.
As used in this section, `firearm' means any machine gun, automatic rifle, revolver, pistol, or any weapon which will, or is designed to, or may readily may be converted to expel a projectile; `knife' means an instrument or tool consisting of a sharp cutting blade whether or not fastened to a handle which is capable of being used to inflict a cut, slash, or wound.
No such additional punishment may be imposed unless the indictment alleged as a separate count that the person was in possession of a firearm or visibly displayed what appeared to be a firearm or visibly displays displayed a knife during the commission of the violent crime, and conviction was had upon this count in the indictment. The penalties prescribed in this section may must not be imposed unless the person convicted was at the same time indicted and convicted of a violent crime as defined in Section 16-1-60."
SECTION 2. This act takes effect upon approval by the Governor.