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Current Status Bill Number:View additional legislative information at the LPITS web site.3651 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19990302 Primary Sponsor:Maddox All Sponsors:Maddox, M. McLeod, J. Brown, Hamilton, Stille and Woodrum Drafted Document Number:l:\council\bills\ggs\22195cm99.doc Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Burglary, certain requirement regarding intent deleted; Crimes and Offenses History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 19990302 Introduced, referred to Committee 25 HJ Versions of This Bill
TO AMEND SECTION 16-11-311, AS AMENDED, AND SECTIONS 16-11-312 AND 16-11-313, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE CRIME OF BURGLARY, SO AS TO DELETE THE REQUIREMENT THAT A PERSON WHO COMMITS BURGLARY MUST INTEND TO COMMIT A CRIME WITHIN THE DWELLING OR BUILDING THAT IS BURGLARIZED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-11-311 of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:
"Section 16-11-311. (A) A person is guilty of burglary in the first degree if the person enters a dwelling without consent and with intent to commit a crime in the dwelling, and either:
(1) when, in effecting entry or while in the dwelling or in immediate flight, he or another participant in the crime:
(a) is armed with a deadly weapon or explosive; or
(b) causes physical injury to a person who is not a participant in the crime; or
(c) uses or threatens the use of a dangerous instrument; or
(d) displays what is or appears to be a knife, pistol, revolver, rifle, shotgun, machine gun, or other firearm; or
(2) the burglary is committed by a person with a prior record of two or more convictions for burglary or housebreaking or a combination of both; or
(3) the entering or remaining occurs in the nighttime.
(B) Burglary in the first degree is a felony punishable by life imprisonment. For purposes of this section, 'life' means until death. The court, in its discretion, may sentence the defendant to a term of not less than fifteen years."
SECTION 2. Section 16-11-312 of the 1976 Code is amended to read:
"Section 16-11-312. (A) A person is guilty of burglary in the second degree if the person enters a dwelling without consent and with intent to commit a crime therein.
(B) A person is guilty of burglary in the second degree if the person enters a building without consent and with intent to commit a crime therein, and either:
(1) When, in effecting entry or while in the building or in immediate flight therefrom, he or another participant in the crime:
(a) Is armed with a deadly weapon or explosive; or
(b) Causes physical injury to any person who is not a participant in the crime; or
(c) Uses or threatens the use of a dangerous instrument; or
(d) Displays what is or appears to be a knife, pistol, revolver, rifle, shotgun, machine gun, or other firearm; or
(2) The burglary is committed by a person with a prior record of two or more convictions for burglary or housebreaking or a combination of both; or
(3) The entering or remaining occurs in the nighttime.
(C) Burglary in the second degree is a felony punishable by imprisonment for not more than fifteen years, provided, that no person convicted of burglary in the second degree shall be eligible for parole except upon service of not less than one-third of the term of the sentence."
SECTION 3. Section 16-11-313 of the 1976 Code is amended to read:
"Section 16-11-313. (A) A person is guilty of burglary in the third degree if the person enters a building without consent and with intent to commit a crime therein.
(B) Burglary in the third degree is a felony punishable by imprisonment for not more than five years for conviction on a first offense and for not more than ten years for conviction of a second offense according to the discretion of the court."
SECTION 4. This act takes effect upon approval by the Governor.
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