Current Status Bill Number:3175 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950110 Primary Sponsor:Govan All Sponsors:Govan, Meacham, Inabinett, Jennings, Stille Drafted Document Number:DKA\3542CM.95 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Firearm during commission of crime
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19950110 Introduced, read first time, 25 HJ
referred to Committee
House 19941221 Prefiled, referred to Committee 25 HJ
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TO AMEND SECTION 16-23-490, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUNISHMENT FOR POSSESSING A FIREARM OR KNIFE DURING THE COMMISSION OF, OR ATTEMPT TO COMMIT A VIOLENT CRIME, SO AS TO INCREASE THE PENALTY FOR VIOLATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-23-490 of the 1976 Code, as last amended by Section 51, Act 184 of 1993, is further amended to read:
"Section 16-23-490. (A) If a 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 a violent crime and is convicted of committing or attempting to commit a violent crime as defined in Section 16-1-60, he must be imprisoned five ten years, in addition to the punishment provided for the principal crime. This five ten-year sentence does not apply in cases where the death penalty or a life sentence without parole is imposed for the violent crime.
(B) Service of the five ten-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 ten-year sentence to run consecutively or concurrently.
(C) The person sentenced under this section is not eligible during this five ten-year period for parole, work release, or extended work release. The five ten years may not be suspended and the person may not complete his term of imprisonment in less than five ten years pursuant to good-time credits or work credits, but may earn credits during this period.
(D) 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 be converted readily 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.
(E) The additional punishment may not 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 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 not be imposed unless the person convicted was at the same time indicted at the same time and convicted of a violent crime as defined in Section 16-1-60."
SECTION 2. This act takes effect upon approval by the Governor.