Current Status Bill Number:3086 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970114 Primary Sponsor:Davenport All Sponsors:Davenport, Cotty, Walker, Altman, Whatley, Sandifer, Vaughn, Wilkes, Stuart, Harrell, Riser, Gamble and Haskins Drafted Document Number:pt\2759ac.97 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Date of Last Amendment:19970212 Subject:Felony, no civil liability for injury or damage sustained by person who committed; civil action, courts, torts
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ Senate 19970218 Introduced, read first time, 11 SJ referred to Committee House 19970213 Read third time, sent to Senate House 19970212 Amended, read second time House 19970211 Debate adjourned until Wednesday, 19970212 House 19970205 Committee report: Favorable with 25 HJ amendment House 19970114 Introduced, read first time, 25 HJ referred to Committee House 19961218 Prefiled, referred to Committee 25 HJView additional legislative information at the LPITS web site.
AMENDED
February 12, 1997
H. 3086
Introduced by Reps. Davenport, Cotty, Walker, Altman, Whatley, Sandifer, Vaughn, Wilkes, Stuart, Harrell, Riser, Gamble and Haskins
S. Printed 2/12/97--H.
Read the first time January 14, 1997.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-160 SO AS TO PROVIDE THAT THERE IS NO LIABILITY FOR DAMAGES OR INJURY SUSTAINED BY A PERSON WHO HAS COMMITTED A FELONY WHEN THE PERSON IS INJURED OR DIES FROM INJURIES SUSTAINED WHILE COMMITTING THE CRIME.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 15-3-60. (A) On or after July 1, 1997, no person, his estate, or his personal representative shall have a right to recover damages for a personal injury resulting from the commission of or during immediate flight from an act which is defined by any law of this State or United States to be a felony, if the conditions stipulated in this section apply.
(B)(1) If the injured person has been convicted of or plead guilty or nolo contendere to the felony or has been adjudicated delinquent as a result of the commission of the act, the court shall dismiss the action if the person who caused the injuries acted:
(a) in response to a reasonably apparent commission of a felony and under a reasonable belief that physical force was reasonable and appropriate to prevent injury to himself or to others, using a degree of force which he reasonably believed necessary for that purpose; and
(b) under a reasonable belief that physical force was reasonable and appropriate to prevent the commission of a felony, using a degree of force which he reasonably believed necessary for that purpose.
(2) If the injured person has not been convicted of or did not plead guilty or nolo contendere to a felony or has not been adjudicated delinquent as a result of the commission of the act, the court shall submit to the jury the issue of whether or not, by a preponderance of the evidence, the injured person committed an act which is defined by any law of this State or the United States to be a felony. The court shall dismiss the action if the court or jury determines that the injured person sustained the injury resulting from the commission of or during immediate flight from an act which is defined by any law of this State or the United States to be a felony and that the person who caused the injury acted:
(a) in response to a reasonably apparent commission of a felony and under a reasonable belief that physical force was reasonable and appropriate to prevent injury to himself or to others, using a degree of force which he reasonably believed necessary for that purpose; and
(b) under a reasonable belief that physical force was reasonable and appropriate to prevent the commission of a felony, using a degree of force which he reasonably believed necessary for that purpose.
(C) If a person, his estate, or his personal representative, who sustains a personal injury during the commission of or during the immediate flight from an act which is defined by any law of this State or of the United States to be a felony, recovers monetary damages from another person for personal injury or wrongful death, the person, his estate, or his personal representative shall wholly contribute to the financial expenses necessary for his medical or hospital care while in custody or incarcerated."
SECTION 2. This act takes effect July 1, 1997.