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Bill 3786

                    Current Status

Bill Number:                      3786
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20010322
Primary Sponsor:                  Limehouse
All Sponsors:                     Limehouse, Knotts, Altman, Bales, 
                                  Barrett, Battle, Cato, Dantzler, Davenport, 
                                  Emory, Haskins, Hayes, Hinson, Kirsh, Klauber, 
                                  Law, Leach, Littlejohn, Loftis, McCraw, 
                                  Meacham-Richardson, Merrill, J.M. Neal, Rice, 
                                  Riser, Scarborough, J.R. Smith, Stille, 
                                  Trotter, Vaughn, Webb, Witherspoon and 
                                  A. Young
Drafted Document Number:          l:\council\bills\ggs\22915cm01.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Motor vehicle stolen when unlawful force 
                                  used against driver, driver may use deadly 
                                  force; Crimes and Offenses, Robbery


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20010322  Introduced, read first time,           25 HJ
                  referred to Committee


              Versions of This Bill

TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST A PERSON, BY ADDING ARTICLE 2 SO AS TO PROVIDE THAT THE USE OF DEADLY FORCE IS JUSTIFIED WHEN AN OPERATOR OF A MOTOR VEHICLE BELIEVES UNLAWFUL FORCE IS BEING USED AGAINST HIM OR A PERSON PRESENT IN THE MOTOR VEHICLE TO COMMIT OR ATTEMPT TO COMMIT THE BURGLARY OR THEFT OF THE MOTOR VEHICLE; AND BY ADDING SECTION 16-3-90 SO AS TO PROVIDE THAT WHEN A DEATH RESULTS FROM INJURIES RECEIVED FROM THE DRIVING OF A MOTOR VEHICLE STOLEN PURSUANT TO UNLAWFUL FORCE, THEN THE PERSON USING UNLAWFUL FORCE IS GUILTY OF MURDER, VOLUNTARY MANSLAUGHTER, OR INVOLUNTARY MANSLAUGHTER, AND TO PROVIDE PENALTIES.

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

SECTION    1.    Chapter 3, Title 16 of the 1976 Code is amended by adding:

    Section 16-3-100.    (A)    Notwithstanding another provision of law, the operator of a motor vehicle may use deadly force against another person when he reasonably believes the person is using or attempting to use unlawful force against him or a person present in the motor vehicle to commit or attempt to commit a burglary or theft of the motor vehicle.

    (B)    The use of deadly force pursuant to subsection (A) is justifiable even though the person using deadly force does not retreat from the encounter."

SECTION    2.    The 1976 Code is amended by adding:

    "Section 16-3-90.    When the death of a person proximately results from injuries received during the theft of a motor vehicle stolen pursuant to the use or attempted use of unlawful force against the operator of the motor vehicle, or an individual present in the motor vehicle, then the person using unlawful force is guilty of murder, voluntary manslaughter, or involuntary manslaughter and, upon conviction, must be punished pursuant to the provisions of Section 16-3-20 or 16-3-50 or 16-3-60."

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

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