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Bill 3088

                    Current Status

Bill Number:                      3088
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  19990112
Primary Sponsor:                  Davenport
All Sponsors:                     Davenport
Drafted Document Number:          l:\council\bills\ggs\22002cm99.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Assault and battery, DUI causing 
                                  injuries; violent crimes; Crimes and Offenses, 
                                  Transportation, Traffic violations


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   19990112  Introduced, read first time,           25 HJ
                  referred to Committee
House   19981209  Prefiled, referred to Committee        25 HJ


                             Versions of This Bill

TO AMEND SECTION 16-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLENT CRIMES, SO AS TO PROVIDE THAT ASSAULT AND BATTERY OF A HIGH AND AGGRAVATED NATURE AND CAUSING GREAT BODILY INJURY OR DEATH BY OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL ARE VIOLENT CRIMES.

Whereas, assault and battery of a high and aggravated nature is a serious offense that should be designated as a violent crime; and

Whereas, causing great bodily injury or death by operating a vehicle while under the influence of alcohol is a serious offense that should be designated as a violent crime. Now therefore,

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 16-1-60 of the 1976 Code, as last amended by Act 402 of 1998, 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); assault and battery of a high and aggravated nature (Common Law Crime); causing great bodily injury or death by operating a vehicle while under the influence of alcohol (Section 56-5-2945). Only those offenses specifically enumerated in this section are considered violent offenses."

SECTION 2. All proceedings pending and all rights and liabilities existing, acquired, or accrued at the time this act takes effect are saved. Except as otherwise provided, the provisions of this act apply prospectively to crimes and offenses committed on or after the effective date of this act.

SECTION 3. This act takes effect upon approval by the Governor.

This web page was last updated on Wednesday, December 9, 2009 at 9:12 A.M.