Current Status Introducing Body:House Bill Number:3221 Primary Sponsor:Kirsh Committee Number:25 Type of Legislation:GB Subject:Carjacking, felony Residing Body:House Current Committee:Judiciary Date Tabled:19930302 Computer Document Number:EGM/18067DW.93 Introduced Date:19930120 Last History Body:House Last History Date:19930302 Last History Type:Tabled in Committee Scope of Legislation:Statewide All Sponsors:Kirsh Simrill Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
3221 House 19930302 Tabled in Committee 25
3221 House 19930120 Introduced, read first time, 25
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1075, SO AS TO DEFINE THE CRIME OF CARJACKING, MAKE IT A FELONY, AND PROVIDE PENALTIES FOR VIOLATION INCLUDING A PROVISION THAT IF DEATH RESULTS IT IS CONSIDERED AN AGGRAVATING CIRCUMSTANCE FOR PURPOSES OF THE DEATH PENALTY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 16-3-1075. (A) For purposes of this section:
(1) `Serious bodily injury' means injury involving extreme physical pain or the impairment of a function of a bodily member, organ, or mental faculty; or requiring medical intervention such as surgery, hospitalization, or physical or mental rehabilitation; or a disfigurement that is likely to be permanent.
(2) `Deadly weapon' means an instrument capable of inflicting death or serious bodily injury.
(B) Whoever, possessing a deadly weapon, takes a motor vehicle from another while that person is operating the vehicle or while a person is in the vehicle by force and violence or by intimidation, or attempts to do so, is guilty of the felony of carjacking and, upon conviction, must be:
(1) imprisoned for not less than five nor more than fifteen years; or
(2) if serious bodily injury results, be imprisoned not less than ten nor more than twenty-five years; or
(3) if death results, be punished for murder as provided in Section 16-3-20. For purposes of Section 16-3-20, the felony of carjacking is considered a robbery while armed with a deadly weapon and as such is an aggravating circumstance contained in Section 16-3-20(C)(a)(1)(e)."
SECTION 2. This act takes effect upon approval by the Governor.