Current Status Bill Number:
866Ratification Number: 414Act Number: 402Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 19980114Primary Sponsor: HollandAll Sponsors: Holland, Reese, Wilson, Mescher, Hayes, McConnell, Leventis and MartinDrafted Document Number: jud9021.dhhDate Bill Passed both Bodies: 19980603Governor's Action: SDate of Governor's Action: 19980608Subject: Carjacking, violent crime; Crimes and Offenses, Motor Vehicles
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ ------ 19980630 Act No. A402 ------ 19980608 Signed by Governor ------ 19980604 Ratified R414 House 19980603 Read third time, enrolled for ratification House 19980602 Read second time House 19980602 Request for debate by Representative Scott Cobb-Hunter Moody- Lawrence Lloyd Harrison Inabinett Breeland McMahand Jennings Woodrum Young Gourdine House 19980527 Committee report: Favorable 25 HJ House 19980128 Introduced, read first time, 25 HJ referred to Committee Senate 19980128 Read third time, sent to House Senate 19980127 Read second time Senate 19980121 Committee report: Favorable 11 SJ Senate 19980114 Introduced, read first time, 11 SJ referred to Committee Senate 19971215 Prefiled, referred to Committee 11 SJView additional legislative information at the LPITS web site.
(A402, R414, S866)
AN ACT TO AMEND SECTION 16-3-1075, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FELONY OF CARJACKING, SO AS TO INCREASE THE PENALTIES FOR THE OFFENSE; TO AMEND SECTION 16-1-60, AS AMENDED, RELATING TO VIOLENT CRIMES, SO AS TO PROVIDE THAT CARJACKING IS A VIOLENT CRIME; AND TO AMEND SECTION 17-25-45, AS AMENDED, RELATING TO MOST SERIOUS OFFENSES, SO AS TO PROVIDE THAT CARJACKING IS A MOST SERIOUS OFFENSE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-3-1075 of the 1976 Code, as added by Act 163 of 1993, is amended to read:
Section 16-3-1075. (A) For purposes of this section, 'great bodily injury' means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
(B) A person is guilty of the felony of carjacking who takes, or attempts to take, a motor vehicle from another person by force and violence or by intimidation while the person is operating the vehicle or while the person is in the vehicle. Upon conviction for this offense, a person must:
(1) be imprisoned not more than twenty years; or
(2) if great bodily injury results, be imprisoned not more than thirty years.
SECTION 2. Section 16-1-60 of the 1976 Code, as last amended by Act 136 of 1997, is further amended to read:
"Section 16-1-60. For purposes of definition under South Carolina law, a violent crime includes the offenses of murder (Section 16-3-10); criminal sexual conduct in the first and second degree (Sections 16-3-652 and 16-3-653); criminal sexual conduct with minors, first and second degree (Section 16-3-655); assault with intent to commit criminal sexual conduct, first and second degree (Section 16-3-656); assault and battery with intent to kill (Section 16-3-620); kidnapping (Section 16-3-910); voluntary manslaughter (Section 16-3-50); armed robbery (Section 16-11-330(A)); attempted armed robbery (Section 16-11-330(B)); carjacking (Section 16-3-1075); drug trafficking as defined in Sections 44-53-370(e) and 44-53-375(C); arson in the first degree (Section 16-11-110(A)); arson in the second degree (Section 16-11-110(B)); burglary in the first degree (Section 16-11-311); burglary in the second degree (Section 16-11-312 (B)); engaging a child for a sexual performance (Section 16-3-810); homicide by child abuse (Section 16-3-85(A)(1)); aiding and abetting homicide by child abuse (Section 16-3-85(A)(2)); accessory before the fact to commit any of the above offenses (Section 16-1-40); and attempt to commit any of the above offenses (Section 16-1-80). Only those offenses specifically enumerated in this section are considered violent offenses."
Most serious offense
SECTION 3. Section 17-25-45(C)(1) of the 1976 Code, as last amended by Act 136 of 1997, is further amended to read:
"(1) 'Most serious offense' means:
16-1-40 Accessory, for any offense enumerated in this item
16-1-80 Attempt, for any offense enumerated in this
16-3-30 Killing by poison
16-3-40 Killing by stabbing or thrusting
16-3-50 Voluntary manslaughter
16-3-85(A)(1) Homicide by child abuse
16-3-85(A)(2) Aiding and abetting homicide by child abuse
16-3-210 Lynching, First degree
16-3-430 Killing in a duel
16-3-620 Assault and battery with intent to kill
16-3-652 Criminal sexual conduct, First degree
16-3-653 Criminal sexual conduct, Second degree
16-3-655 Criminal sexual conduct with minors, except where evidence is presented at the criminal proceeding and the court, after the conviction, makes a specific finding on the record that the conviction obtained for this offense resulted from consensual sexual conduct where the victim was younger than the actor, as contained in Section 16-3-655(3)
16-3-656 Assault with intent to commit criminal sexual conduct, First and Second degree
16-3-920 Conspiracy to commit kidnapping
16-11-110(A) Arson, First degree
16-11-311 Burglary, First degree
16-11-330(A) Armed robbery
16-11-330(B) Attempted armed robbery
16-11-540 Damaging or destroying building, vehicle, or other property by means of explosive incendiary, death results
24-13-450 Taking of a hostage by an inmate
25-7-30 Giving information respecting national or state defense to foreign contacts during war
25-7-40 Gathering information for an enemy
55-1-30(3) Unlawful removing or damaging of airport facility or equipment when death results
56-5-1030 Interference with traffic-control devices or
(B)(3) railroad signs or signals prohibited when death results from violation
58-17-4090 Obstruction of railroad, death results."
SECTION 4. This act takes effect upon approval by the Governor.
Approved the 8th day of June, 1998.