Current Status Bill Number:4464 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19960118 Primary Sponsor:Allison All Sponsors:Allison, Wells, Seithel, Simrill, Townsend, Shissias, Hallman, Cotty, Lanford, Meacham, Vaughn, Lee, Littlejohn, Walker, Dantzler, Chamblee, Wofford, Stille, Stuart, Bailey, Limbaugh, Sandifer, Tucker, Fleming, Fulmer, Law, Davenport, Thomas and Phillips Drafted Document Number:PT\2144CM.96 Companion Bill Number:1124 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Homicide by child abuse
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19960118 Introduced, read first time, 25 HJ
referred to Committee
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TO AMEND SECTION 16-3-85, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA 1976, RELATING TO HOMICIDE BY CHILD ABUSE, SO AS TO REVISE THE AGE OF A VICTIM OF THIS OFFENSE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-3-85 of the 1976 Code, as added by Act 412 of 1992, is amended to read:
"Section 16-3-85. (A) A person is guilty of homicide by child abuse who:
(1) causes the death of a child under the age of eleven eighteen while committing child abuse or neglect as defined in Section 20-7-490 and the death occurs under circumstances manifesting an extreme indifference to human life; or
(2) knowingly aids and abets another person to commit child abuse or neglect as defined in Section 20-7-490 and the child abuse or neglect results in the death of a child under the age of eleven eighteen.
(B) Homicide by child abuse is a felony and a person who is convicted of or pleads guilty to homicide by child abuse:
(1) under subsection (A)(1) may be imprisoned for life but not less than a term of twenty years; or
(2) under subsection (A)(2) must be imprisoned for a term not exceeding twenty years nor less than ten years.
(C) In sentencing a person under this section the judge shall consider any aggravating circumstances including, but not limited to, a defendant's past pattern of child abuse or neglect of a child under the age of eleven eighteen, and any mitigating circumstances;. however However, a child's crying does not constitute provocation so as to be considered a mitigating circumstance."
SECTION 2. This act takes effect upon approval by the Governor.