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Current Status Bill Number:View additional legislative information at the LPITS web site.3882 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19990408 Primary Sponsor:Jennings All Sponsors:Jennings and F. Smith Drafted Document Number:l:\council\bills\ggs\22266cm99.doc Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Child abuse or neglect, homicide by; harm to minor child's health or welfare; Crimes and Offenses History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 19990408 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill
TO AMEND SECTION 16-3-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOMICIDE BY CHILD ABUSE, SO AS TO DELETE REFERENCES TO SECTION 20-7-490 WHICH DEFINES "CHILD ABUSE OR NEGLECT" AND TO DEFINE "CHILD ABUSE OR NEGLECT" AND "HARM TO A CHILD'S PHYSICAL HEALTH OR WELFARE".
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-3-85, as added by Act 412 of 1992, is amended to read:
(A) A person is guilty of homicide by child abuse who:
(1) causes the death of a child under the age of eleven while committing child abuse or neglect as defined in Section 20-7-490 and the death occurs under circumstances manifesting an extreme indifference to human life; or
(2) knowingly aids and abets another person to commit child abuse or neglect as defined in Section 20-7-490 and the child abuse or neglect results in the death of a child under the age of eleven.
(B) Homicide by child abuse is a felony and a person who is convicted of or pleads guilty to homicide by child abuse:
(1) under subsection (A)(1) may be imprisoned for life but not less than a term of twenty years; or
(2) under subsection (A)(2) must be imprisoned for a term not exceeding twenty years nor less than ten years.
(C) In sentencing a person under this section the judge shall consider any aggravating circumstances, including, but not limited to, a defendant's past pattern of child abuse or neglect of a child under the age of eleven, and any mitigating circumstances; however, a child's crying does not constitute provocation so as to be considered a mitigating circumstance.
(D) As contained in this section:
(1) 'Child abuse or neglect' means an act or omission by a person resulting in a child's death or harm to a child's physical health or welfare; and
(2) 'Harm to a child's physical health or welfare' occurs when a person:
(a) inflicts or allows to be inflicted physical injury upon a child, which includes injuries sustained as a result of excessive corporal punishment;
(b) fails to supply a child with adequate food, clothing, shelter, or health care, and this failure causes a physical injury or condition that results in death; or
(c) abandons a child which results in the child's death.
SECTION 2. This act takes effect upon approval by the Governor.
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