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Current Status Bill Number:View additional legislative information at the LPITS web site.4528 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20000202 Primary Sponsor:Campsen All Sponsors:Campsen, Altman, Bailey, Chellis, Edge, Koon, Riser, Sandifer, Stille and Tripp Drafted Document Number:l:\council\bills\skb\18138som00.doc Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Home Invasion Protection Act of 2000, Crimes and Offenses, Property History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20000202 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill
TO ENACT THE "HOME INVASION PROTECTION ACT OF 2000" INCLUDING PROVISIONS TO AMEND ARTICLE 5, CHAPTER 11, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSES OF BURGLARY, HOUSEBREAKING, AND ROBBERY, BY ADDING SECTION 16-11-400 SO AS TO PROVIDE FOR THE OFFENSES OF HOME INVASION IN THE FIRST, SECOND, AND THIRD DEGREES WHICH MAKE IT UNLAWFUL FOR A PERSON TO ENTER A DWELLING WITHOUT CONSENT, WITH THE INTENT TO COMMIT A FELONY, LARCENY, OR ASSAULT WHILE ARMED WITH A DANGEROUS WEAPON AND WHILE ANOTHER PERSON IS LAWFULLY PRESENT IN THE DWELLING, AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND SECTION 16-1-60, AS AMENDED, RELATING TO VIOLENT OFFENSES, SO AS TO INCLUDE HOME INVASION, FIRST AND SECOND DEGREE; TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO INCLUDE AS A SEPARATE STATUTORY AGGRAVATING CIRCUMSTANCE WHICH MAY BE CONSIDERED IN THE DETERMINATION OF WHETHER THE DEATH PENALTY SHOULD BE IMPOSED, A MURDER COMMITTED WHILE IN THE COMMISSION OF THE OFFENSE OF HOME INVASION IN THE FIRST DEGREE; AND TO DIRECT THE CODE COMMISSIONER TO PLACE THESE OFFENSES IN THE APPROPRIATE CRIME CLASSIFICATION LISTS IN SECTION 16-1-10 AND SECTION 16-1-90.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "Home Invasion Protection Act of 2000".
SECTION 2. Article 5, Chapter 11, Title 16 of the 1976 Code is amended by adding:
"Section 16-11-400. (A) A person is guilty of home invasion in the first degree if the person:
(1) enters a dwelling without consent;
(2) has the intent to commit a felony, larceny, or assault in the dwelling;
(3) is armed with a dangerous weapon; and
(4) personally uses a dangerous weapon that proximately causes great bodily harm, permanent disability or disfigurement, or death to a person who is lawfully present in the dwelling.
(B) A person is guilty of home invasion in the second degree if the person:
(1) enters a dwelling without consent;
(2) has the intent to commit a felony, larceny, or assault in the dwelling;
(3) is armed with a dangerous weapon; and
(4) uses force or threatens the use of force on a person who is lawfully present in the dwelling.
(C) A person is guilty of home invasion in the third degree if the person:
(1) enters a dwelling without consent;
(2) has the intent to commit a felony, larceny, or assault in the dwelling;
(3) is armed with a dangerous weapon; and
(4) another person is lawfully present in the dwelling.
(D) This section does not apply to a law enforcement officer acting in the line of duty.
(E) A person who violates the provisions of home invasion in the first degree is guilty of a felony and, upon conviction, must be imprisoned for a term up to life, but not less than a mandatory minimum term of twenty-five years, no part of which may be suspended or probation granted, and which must be served consecutively to any other sentence imposed.
(F) A person who violates the provisions of home invasion in the second degree is guilty of a felony and, upon conviction, must be imprisoned for a mandatory minimum term of not less than twenty years, no part of which may be suspended or probation granted, and which must be served consecutively to any other sentence imposed.
(G) A person who violates the provisions of home invasion in the third degree is guilty of a felony and, upon conviction, must be imprisoned for a mandatory minimum term of not less than fifteen years, no part of which may be suspended or probation granted, and which must be served consecutively to any other sentence imposed.
(H) For purposes of this section, 'dwelling' has the meaning defined in Section 16-11-310.
(I) For purposes of this section, 'enters a dwelling without consent' has the same meaning as 'enters a building without consent' as defined in Section 16-11-310.
(J) For purposes of this section, 'dangerous weapon' means what is, or appears to be, a knife, pistol, revolver, rifle, shotgun, machine gun, or other firearm, dirk, slingshot, metal knuckles, razor, or other deadly weapon.
(K) A person sentenced to a mandatory minimum term of imprisonment pursuant to this section is not eligible for parole or any early release program, nor is the person eligible to receive any work credits, education credits, good conduct credits, or any other credits that would reduce the mandatory minimum term of imprisonment required by this section."
SECTION 3. 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)); home invasion in the first and second degree (Section 16-11-400); 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."
SECTION 4. Section 16-3-20(C)(a)(1) of the 1976 Code, as last amended by Act 317 of 1996, is further amended to read:
"(1) The murder was committed while in the commission of the following crimes or acts:
(a) criminal sexual conduct in any degree;
(b) kidnapping;
(c) burglary in any degree;
(d) robbery while armed with a deadly weapon;
(e) larceny with use of a deadly weapon;
(f) killing by poison;
(g) drug trafficking as defined in Section 44-53-370(e), 44-53-375(B), 44-53-440, or 44-53-445;
(h) physical torture; or
(i) dismemberment of a person.; or
( ) home invasion in the first degree as defined in Section 16-11-400(A)."
SECTION 5. The Code Commissioner is directed to place the offense of home invasion in the first degree as an exempt offense in Section 16-1-10(D) and to add home invasion in the second and third degrees to the appropriate lists in Section 16-1-90.
SECTION 6. This act takes effect upon approval by the Governor and applies to offenses committed on or after that date.
This web page was last updated on Wednesday, December 9, 2009 at 9:29 A.M.