Current Status Bill Number:3292 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950118 Primary Sponsor:Rogers All Sponsors:Rogers Drafted Document Number:dka\3582cm.95 Companion Bill Number:3037 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Reckless homocide, child endangerment
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19950118 Introduced, read first time, 25 HJ
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2949 SO AS TO PROVIDE THAT WHEN A PERSON COMMITS RECKLESS HOMICIDE OR CERTAIN OTHER 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 AND MUST BE PENALIZED BY A MANDATORY FINE OR IMPRISONMENT NOT LESS THAN ONE-HALF OF THE MAXIMUM FINE OR IMPRISONMENT GIVEN FOR THE ORIGINAL OFFENSE, TO PROVIDE THAT THE ARRESTING OFFICER SHALL PROCEED WITH EMERGENCY PROTECTIVE CUSTODY PURSUANT TO CERTAIN PROCEDURES, AND TO PROVIDE THAT A PERSON MAY BE CONVICTED OF CHILD ENDANGERMENT IN ADDITION TO THE OTHER OFFENSES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 56-5-2949. (A) A person is guilty of child endangerment when:
(1) the person is in violation of:
(a) Section 56-5-2910;
(b) Section 56-5-2930; or
(c) Section 56-5-2945; and
(2) a minor was a passenger in the motor vehicle when the violation occurred.
(B) Upon conviction the person must be punished by:
(1) a mandatory fine of not less 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 mandatory term of imprisonment of not less 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 mandatory 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) When a person is arrested pursuant to this section, the arresting officer shall proceed with emergency protective custody if necessary in accordance with the procedures and requirements of Section 20-7-610(B).
(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)."
SECTION 2. This act takes effect upon approval by the Governor.