Current Status Bill Number:740 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950412 Primary Sponsor:Williams All Sponsors:Williams Drafted Document Number:williams\jud6040.mbw Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Aging, crime committed against
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19950412 Introduced, read first time, 11 SJ
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 12 TO CHAPTER 3, TITLE 16, SO AS TO PROVIDE THAT WHEN A CRIME IS COMMITTED AGAINST A PERSON SIXTY YEARS OF AGE OR OLDER, THE COURT MUST IMPOSE AN ADDITIONAL TERM OF IMPRISONMENT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 3, Title 16 of the 1976 Code is amended by adding:
Section 16-3-1080. (A) A person who, in the course of committing or attempting to commit a felony, causes the death of or inflicts serious bodily injury upon a person who is sixty years of age or older, upon conviction, must be imprisoned five years, in addition to the punishment provided for the principal crime. This five-year sentence does not apply in cases where the death penalty or a life sentence without parole is imposed for the principal crime.
(B) A person who, in the course of committing or attempting to commit a felony, causes bodily injury upon a person who is sixty years of age or older, upon conviction, must be imprisoned three years, in addition to the punishment provided for the principal crime.
(C) A person who commits a felony not causing bodily injury upon a person who is sixty years of age or older, upon conviction, must be imprisoned six months, in addition to the punishment provided for the principal crime.
(D) Service of the additional penalties under this section is mandatory. The court must impose the mandatory sentence to run consecutively if the original sentence is not imposed under Section 43-35-85. The court may impose the mandatory sentence to run consecutively or concurrently if a sentence is imposed under Section 43-35-85.
(E) When the original sentence is three years or less, the additional sentence imposed under this section must not be longer than the original sentence."
SECTION 2. This act takes effect upon approval by the Governor.