Current Status Bill Number:
90Ratification Number: 402Act Number: 362Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 19950110Primary Sponsor: WilsonAll Sponsors: Wilson, Rose, Giese, ElliottDrafted Document Number: DKA\3483CM.95Date Bill Passed both Bodies: 19960516Date of Last Amendment: 19960515Governor's Action: SDate of Governor's Action: 19960529Subject: Armed robbery, deadly weapon
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ ------ 19960613 Act No. A362 ------ 19960529 Signed by Governor ------ 19960523 Ratified R402 Senate 19960516 Ordered enrolled for ratification House 19960515 Free Conference Committee Report 99 HFCC adopted House 19960515 Free Conference Powers granted, 99 HFCC Limbaugh appointed Reps. to Committee of Martin Free Conference Harrison Senate 19960507 Free Conference Committee Report 89 SFCC adopted Senate 19960507 Free Conference Powers granted, 89 SFCC Moore appointed Senators to Committee Holland of Free Conference Wilson Senate 19960425 Appointed to replace Senator Stilwell 88 SCC Wilson on Committee of Conference Senate 19950601 Appointed Senator to Committee 88 SCC Stilwell of Conference Senate 19950601 Senator withdrawn from Committee of 88 SCC Courson Conference Senate 19950531 Conference powers granted, 88 SCC Courson appointed Senators to Committee Holland of Conference Moore House 19950531 Conference powers granted, 98 HCC Harrison appointed Reps. to Committee of Limbaugh Conference Martin House 19950531 Insists upon amendment Senate 19950530 Non-concurrence in House amendment House 19950526 Read third time, returned to Senate with amendment House 19950525 Unanimous consent for third reading on the next Legislative day House 19950525 Amended, read second time House 19950523 Debate adjourned until Thursday, 19950525 House 19950518 Committee report: Favorable with 25 HJ amendment House 19950425 Introduced, read first time, 25 HJ referred to Committee Senate 19950420 Read third time, sent to House Senate 19950419 Read second time Senate 19950418 Committee report: Favorable 11 SJ Senate 19950110 Introduced, read first time, 11 SJ referred to Committee Senate 19941003 Prefiled, referred to Committee 11 SJView additional legislative information at the LPITS web site.
(A362, R402, S90)
AN ACT TO AMEND SECTION 16-11-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIMES OF ARMED ROBBERY AND ATTEMPTED ARMED ROBBERY, SO AS TO EXTEND THE OFFENSE TO CASES IN WHICH A PERSON ALLEGES HE IS ARMED WHILE USING A REPRESENTATION OF A DEADLY WEAPON OR AN OBJECT WHICH A PERSON MAY REASONABLY BELIEVE TO BE A DEADLY WEAPON; TO AMEND SECTION 23-11-110, AS AMENDED, RELATING TO QUALIFICATIONS FOR SHERIFFS, SO AS TO REVISE THE PERIOD WHEN A SHERIFF MUST FILE HIS FINGERPRINTS WITH THE STATE LAW ENFORCEMENT DIVISION, AND THE PERIOD WHEN A CANDIDATE FOR THE OFFICE OF SHERIFF SHALL FILE A SWORN AFFIDAVIT WITH THE COUNTY EXECUTIVE COMMITTEE OF ITS POLITICAL PARTY; AND TO PROVIDE A TRANSITIONAL PERIOD FOR THE IMPLEMENTATION OF THE REVISED PERIOD FOR A SHERIFF TO FILE HIS FINGERPRINTS WITH THE STATE LAW ENFORCEMENT DIVISION.
Be it enacted by the General Assembly of the State of South Carolina:
Armed robbery and attempted armed robbery
SECTION 1. Section 16-11-330 of the 1976 Code, as last amended by Section 170, Act 184 of 1993, is further amended to read:
"Section 16-11-330. (A) A person convicted for the crime of robbery while armed with a pistol, dirk, slingshot, metal knuckles, razor, or other deadly weapon, or while alleging, either by action or words, he was armed while using a representation of a deadly weapon or any object which a person present during the commission of the robbery reasonably believed to be a deadly weapon must be imprisoned not more than thirty years, no part of which may be suspended. A person convicted under the provisions of this subsection is not eligible for parole until he has served at least seven years of his sentence.
(1) A person under the age of twenty-one sentenced under the provisions of Chapter 19 of Title 24 (Youthful Offenders Act) convicted of armed robbery shall receive and serve a minimum sentence of at least three years, no part of which may be suspended. The person is not eligible for parole or probation until he has served a three-year minimum sentence.
(2) A person between the ages of twenty-one and twenty-five, who is convicted of armed robbery, may not be sentenced under the provisions of Chapter 19 of Title 24 (Youthful Offenders Act).
(B) A person convicted for attempted robbery while armed with a pistol, dirk, slingshot, metal knuckles, razor, or other deadly weapon, while alleging, either by action or words, he was armed while using a representation of a deadly weapon or any object which a person present during the commission of the attempted robbery reasonably believed to be a deadly weapon must be imprisoned not more than twenty years."
SECTION 2. Section 23-11-110(A)(7) of the 1976 Code, as amended by Act 19 of 1993, is further amended to read:
"(7) be fingerprinted and have the State Law Enforcement Division make a search of local, state, and federal fingerprint files for any criminal record. Fingerprints are to be taken under the direction of any law enforcement agency and must be made available to SLED no later than one hundred thirty days prior to the general election. The results of the records search are to be filed with the county executive committee of the person's political party. A person seeking nomination by petition must file the records search with the county election commission in the county of his residence."
Filing for the office of sheriff
SECTION 3. Section 23-11-110(B)(1) of the 1976 Code, as amended by Act 19 of 1993, is further amended to read:
"(1) A person offering his candidacy for the office of sheriff, shall file a sworn affidavit, no later than the close of filing, with the county executive committee of the person's political party. The county executive committee of any political party with whom a person has filed his affidavit must file a copy of the affidavit with the appropriate county election commission by noon on the tenth day following the deadline for filing affidavits by candidates. If the tenth day falls on Saturday, Sunday, or a holiday, the affidavits must be filed by noon the following day. A person seeking nomination by petition must file a sworn affidavit with the county election commission in the county of his residence."
SECTION 4. For the General Election of 1996 only, the deadline for making available fingerprint records to the State Law Enforcement Division by candidates for sheriff pursuant to provisions of Section 23-11-110(A)(7) and the deadline for filing the sworn affidavit with the county executive committee pursuant to the provisions of Section 23-11-110(B)(1) is extended until noon forty-five days before the general election.
SECTION 5. This act takes effect upon approval by the Governor and Sections 2 and 3 apply with respect to candidates filing for election beginning January 1, 1996.
Approved the 29th day of May, 1996.