Current Status Bill Number:
3037Ratification Number: 134Act Number: 81Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19950110Primary Sponsor: KirshAll Sponsors: Kirsh, Simrill, Meacham, S. Whipper, Stille, Walker, Sandifer, Cain, Whatley, Riser, Clyburn, ShissiasDrafted Document Number: DKA\3456CM.95Companion Bill Number: 3292Date Bill Passed both Bodies: 19950530Date of Last Amendment: 19950530Governor's Action: SDate of Governor's Action: 19950607Subject: Child endangerment
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ ------ 19950607 Act No. A81 ------ 19950607 Signed by Governor ------ 19950606 Ratified R134 House 19950530 Ordered enrolled for ratification House 19950530 Conference Committee Report adopted 98 HCC Senate 19950530 Conference Committee Report adopted 88 SCC House 19950523 Conference powers granted, 98 HCC Knotts appointed Reps. to Committee of Scott Conference Kirsh Senate 19950518 Conference powers granted, 88 SCC Glover appointed Senators to Committee Rose of Conference Stilwell Senate 19950518 Insists upon amendment House 19950518 Non-concurrence in Senate amendment Senate 19950516 Amended, read third time, returned to House with amendments Senate 19950511 Amended, read second time, ordered to third reading with notice of general amendments Senate 19950504 Committee report: Favorable with 11 SJ amendment Senate 19950216 Introduced, read first time, 11 SJ referred to Committee House 19950216 Read third time, sent to Senate House 19950215 Read second time House 19950214 Debate adjourned until Wednesday, 19950215 House 19950209 Amended House 19950208 Committee report: Favorable with 25 HJ amendment House 19950110 Introduced, read first time, 25 HJ referred to Committee House 19941214 Prefiled, referred to Committee 25 HJView additional legislative information at the LPITS web site.
(A81, R134, H3037)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2947 SO AS TO PROVIDE THAT WHEN A PERSON COMMITS CERTAIN DRUG AND ALCOHOL-RELATED MOTOR VEHICLE OFFENSES AND A MINOR WAS A PASSENGER IN THE VEHICLE AT THE TIME OF THE OFFENSE, THE PERSON IS GUILTY OF THE OFFENSE OF CHILD ENDANGERMENT, TO PROVIDE THAT A PERSON MAY BE CONVICTED OF CHILD ENDANGERMENT IN ADDITION TO THE OTHER OFFENSES, AND TO PROVIDE PENALTIES, TO PROVIDE THE COURT THAT HAS JURISDICTION OVER CERTAIN ALCOHOL-RELATED OFFENSES HAS JURISDICTION OVER THE OFFENSE OF CHILD ENDANGERMENT, AND TO PROVIDE THAT A FIRST OFFENSE CHARGE FOR A VIOLATION OF THIS OFFENSE MAY NOT BE USED AS THE ONLY EVIDENCE FOR TAKING A CHILD INTO CUSTODY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 56-5-2947. (A) A person eighteen years of age or over is guilty of child endangerment when:
(1) the person is in violation of:
(a) Section 56-5-2930; or
(b) Section 56-5-2945; and
(2) the person has one or more passengers under sixteen years of age in the motor vehicle when the violation occurs.
If more than one passenger under sixteen years of age is in the vehicle when a violation of subsection (A)(1) occurs, the person may be charged with only one violation of this section.
(B) Upon conviction the person must be punished by:
(1) a fine of not more than one-half of the maximum fine allowed for committing the violation enumerated in subsection(A)(1), when the person is fined for that offense;
(2) a term of imprisonment of not more than one-half of the maximum term of imprisonment allowed for committing the violation enumerated in subsection (A)(1), when the person is imprisoned for the offense; or
(3) both a fine and imprisonment as prescribed in items (1) and (2) when the person is fined and imprisoned for the offense.
(C) No portion of the penalty assessed under subsection (B) may be suspended or revoked and probation may not be awarded.
(D) In addition to imposing the penalties for offenses enumerated in subsection (A)(1) and the penalties contained in subsection (B), the department must suspend the person's driver's license for sixty days. Sections 56-1-1320 and 56-5-2990 as they relate to enrollment in an alcohol and drug safety action program and to the issuance of a provisional driver's license will not be effective until the sixty-day suspension period is completed.
(E) A person may be convicted under this section for child endangerment in addition to being convicted for an offense enumerated in subsection (A)(1).
(F) The court that has jurisdiction over an offense enumerated in subsection (A)(1) has jurisdiction over the offense of child endangerment.
(G) A first offense charge for a violation of this section may not be used as the only evidence for taking a child into protective custody pursuant to Section 20-7-610(A) and (F)."
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 7th day of June, 1995.