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Current Status Bill Number:View additional legislative information at the LPITS web site.3860 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20010403 Primary Sponsor:Taylor All Sponsors:Taylor, Simrill, Cotty, Chellis, Coates, Davenport, Littlejohn and Riser Drafted Document Number:l:\council\bills\skb\18329som01.doc Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Armed robbery, bank robbery; discharging weapon during; considered violent crime, felony; Crimes and Offenses, Weapons History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20010403 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill
TO AMEND SECTION 16-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CATEGORIZATION OF FELONIES AND MISDEMEANORS, SO AS TO ADD THE OFFENSE OF ARMED ROBBERY TO THE EXEMPT CATEGORY; TO AMEND SECTION 16-1-60, AS AMENDED, RELATING TO VIOLENT CRIMES, SO AS TO ADD THE OFFENSES OF DISCHARGE OF A WEAPON DURING ARMED ROBBERY AND BANK ROBBERY TO THE LIST OF VIOLENT CRIMES; TO AMEND SECTION 16-1-90, AS AMENDED, RELATING TO THE CLASSIFICATION OF FELONIES, SO AS TO PROVIDE THAT THE OFFENSE OF ARMED ROBBERY IS REMOVED FROM CLASSIFICATION AND THE OFFENSE OF DISCHARGE OF A WEAPON DURING ARMED ROBBERY IS CLASSIFIED; TO AMEND SECTION 16-11-330, AS AMENDED, RELATING TO THE OFFENSE OF ARMED ROBBERY, SO AS TO INCREASE THE MAXIMUM SENTENCE FOR ARMED ROBBERY TO LIFE IMPRISONMENT AND TO ESTABLISH AN OFFENSE FOR DISCHARGING A WEAPON DURING THE COMMISSION OF A ROBBERY; TO AMEND SECTION 17-25-45, AS AMENDED, RELATING TO A LIFE SENTENCE FOR PERSONS CONVICTED OF CERTAIN CRIMES, SO AS TO ADD BANK ROBBERY TO THE LIST OF MOST SERIOUS OFFENSES; AND TO AMEND SECTION 22-5-510, AS AMENDED, RELATING TO BAILABLE OFFENSES, SO AS TO ADD OFFENSES LISTED IN SECTION 17-25-45 AS OFFENSES FOR WHICH A MAGISTRATE MAY DENY BAIL.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-1-10(D) of the 1976 Code, as last amended by Act 164 of 1993, is further amended to read:
"(D) The following offenses are classified as exempt under subsections (A) and (B):
10-11-315 Defacing, destroying or attempting to deface or destroy a monument or flag on the capitol grounds
10-11-325(B)(1) Detonating an explosive or destructive device or igniting an incendiary device upon the capitol grounds or within the capitol building resulting in death of a person where there was malice aforethought
12-21-2790 Interference with proper operation of video game machine
12-21-6000(B) Possessing marijuana or controlled substances without appropriate stamps
16-3-10 Murder
16-3-30 Killing by poison
16-3-40 Killing by stabbing or thrusting
16-3-85(C)(1) Causing the death of a child by abuse or neglect
16-3-210 Lynching
16-3-430 Killing in a duel
16-3-620 Assault with intent to kill (if sentenced for the common law offense of assault and battery of a high and aggravated nature)
16-3-910 Kidnapping (if sentenced for murder)
16-11-311(B) Burglary
First degree
16-11-330(A) Robbery while armed with a deadly weapon
16-11-540 Damaging or destroying building, vehicle or other property by means of explosive incendiary, death results
16-17-735 False assertion of authority of law, in attempt to intimidate or hinder state or local official in discharge of duties, by threats or use of sham legal process.
16-23-720(A)(1) Detonating a destructive device or causing an explosion, or aiding, counseling, or procuring an explosion by means of detonation of a destructive device which results in death of a person where there was malice aforethought
16-25-65 Criminal domestic violence of a high and aggravated nature
23-36-170(c), (d) Penalty (violation of South Carolina Explosives Control Act) Third, fourth, or subsequent offenses
25-7-30 Giving information respecting national or state defense to foreign contacts during war
38-25-330 Violation of a provision contained in the provisions relating to the unauthorized transaction of insurance business
38-41-20 Multiple employer self-insured health plan transacting business without a license
40-55-170(A) Practicing psychology without being licensed as required by chapter
44-53-370(e)(1)(a)3 Prohibited Acts A, penalties (trafficking in marijuana, 10 pounds or more, but less than 100 pounds) Third or subsequent offenses
44-53-370(e)(1)(b) Prohibited Acts A, penalties (trafficking in marijuana, 100 pounds or more of marijuana, but less than 2,000 pounds)
44-53-370(e)(1)(c) Prohibited Acts A, (trafficking in marijuana, 2000 pounds or more, but less than 10,000 pounds)
44-53-370(e)(1)(d) Prohibited Acts A, penalties (trafficking in marijuana, 10,000 pounds of marijuana or more)
44-53-370(e)(2)(a)3 Prohibited Acts A, penalties (trafficking in cocaine, 10 grams or more, but less than 28 grams)
Third or subsequent offense
44-53-370(e)(2)(b)3 Prohibited Acts A, penalties (trafficking in cocaine, 28 grams or more, but less than 100 grams)
44-53-370">44-53-370(e)(2)(c) Prohibited Acts A, penalties (trafficking in cocaine, 100 grams or more, but less than 200 grams)
44-53-370(e)(2)(d) Prohibited Acts A, penalties (trafficking in cocaine, 200 grams or more, but less than 400 grams)
44-53-370(e)(2)(e) Prohibited Acts A, penalties (trafficking in cocaine, 400 grams or more)
44-53-370(e)(3)(a)2 Prohibited Acts A, penalties (trafficking in illegal drugs, 4 grams or more, but less than 14 grams)
Second or subsequent offense
44-53-370(e)(3)(b) Prohibited Acts A, penalties (trafficking in illegal drugs, 14 grams or more, but less than 28 grams)
44-53-370(e)(3)(c) Prohibited Acts A, penalties (trafficking in illegal drugs, 28 grams or more)
44-53-370(e)(4)(a)2 Prohibited Acts A, penalties (trafficking in methaqualone, 15 grams or more, but less than 150 grams)
Second or subsequent offense
44-53-370(e)(4)(b) Prohibited Acts A, penalties (trafficking in methaqualone, 150 grams but less than 1,500 grams)
44-53-370(e)(4)(c) Prohibited Acts A, penalties (trafficking in methaqualone, possession of 1,500 grams, but less than 15 kilograms of methaqualone)
44-53-370(e)(4)(d) Prohibited Acts A, penalties (trafficking in methaqualone, 15 kilograms or more)
44-53-370(e)(5)(a)3 Prohibited Acts, penalties (trafficking in LSD, 100 dosage units or more, but less than 500 dosage units)
Third or subsequent offense
44-53-370(e)(5)(b)3 Prohibited Acts, penalties (trafficking in LSD, 500 dosage units or more, but less than 1,000 dosage units)
Third or subsequent offense
Third or subsequent offense
44-53-370">44-53-370(e)(5)(c) Prohibited Acts, penalties (trafficking in LSD, 1,000 dosage units or more)
44-53-375(C)(1)(c) Trafficking in ice, crank, or crack cocaine 10 grams or more, but less than 28 grams
Third or subsequent offense
44-53-375(C)(2)(c) Trafficking in ice, crank, or crack cocaine 28 grams or more, but less than 100 grams
Third or subsequent offense
44-53-375(C)(3) Trafficking in ice, crank, or crack cocaine 100 grams or more, but less than 200 grams
44-53-375(C)(4) Trafficking in ice, crank, or crack cocaine 200 grams or more, but less than 400 grams
44-53-375(C)(5) Trafficking in ice, crank, or crack cocaine 400 grams or more
44-53-445 Distribute, sell, or manufacture, or possess with intent to distribute crack cocaine within proximity of school
56-5-2780(B)(1) Unlawfully passing a stopped school bus where great bodily injury results
56-5-2947 Child endangerment
56-15-590 Failure of a motor vehicle auction to keep required records or make them available for inspection
58-17-4090 Penalty for obstruction of railroad if death of human being results"
SECTION 2. Section 16-1-60 of the 1976 Code, as last amended by Act 261 of 2000, 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)); discharge of weapon during armed robbery (Section 16-11-330(C)); bank robbery (Section 16-11-380); 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)); inflicting great bodily injury upon a child (Section 16-3-95(A)); allowing great bodily injury to be inflicted upon a child (Section 16-3-95(B)); accessory before the fact to commit any of the above offenses (Section 16-1-40); attempt to commit any of the above offenses (Section 16-1-80); and taking of a hostage by an inmate (Section 24-13-450). Only those offenses specifically enumerated in this section are considered violent offenses."
SECTION 3. Section 16-1-90(A) of the 1976 Code, as last amended by Act 56 of 1999, is further amended to read:
"(A) The following offenses are Class A felonies and the maximum terms established for a Class A felony, as set forth in Section 16-1-20(A), apply:
10-11-325(B)(2) Detonating an explosive or destructive device or igniting an incendiary device upon the capitol grounds or within the capitol building resulting in death to a person where there was not malice aforethought
16-3-50 Manslaughter--voluntary
16-3-652 Criminal sexual conduct
First degree
16-3-655 Criminal sexual conduct with minors if victim under 11 years of age
First degree
16-3-656 Assault with intent to commit criminal sexual conduct
First degree
16-3-658 Criminal sexual conduct where victim is legal spouse (separated)
First degree
16-3-910 Kidnapping
16-3-920 Conspiracy to commit kidnapping
16-3-1075(B)(2) Carjacking (great bodily injury)
16-11-110(A) Arson in the first degree
16-11-330(A) Robbery while armed with a deadly weapon
16-11-380 Entering bank, depository, or building and loan association with intent to steal
16-11-390 Safecracking
16-23-720(A)(2) Detonating a destructive device or causing an explosion, or intentionally aiding, counseling, or procuring an explosion by means of detonation of a destructive device which results in the death of a person where there was not malice aforethought
24-13-450 Taking of a hostage by an inmate
43-35-85(F) Abuse or neglect of a vulnerable
16-3-1050(F) adult resulting in death
44-53-370 Prohibited Acts A, penalties (b)(1) (narcotic drugs in Schedules I(b) and (c), LSD, and Schedule II) second, third, or subsequent offense
44-53-370(e)(2)(a)2 Prohibited Acts A, penalties (trafficking in cocaine, 10 grams or more but less than 28 grams) Second offense
44-53-370(e)(2)(b)2 Prohibited Acts, penalties (trafficking in cocaine, 28 grams or more but less than 100 grams) Second offense
44-53-370(e)(5)(a)2 Prohibited Acts, penalties (trafficking in LSD, 100 dosage units or more but less than 500 dosage units)
Second offense
44-53-370(e)(5)(b)2 Prohibited Acts, penalties (trafficking in LSD, 500 dosage units or more but less than 1,000 dosage units)
Second offense
44-53-370(e)(6)(d) Prohibited Acts, penalties (trafficking in flunitrazepam, 5 kilograms or more)
44-53-370">44-53-370(g)(1)(b) Prohibited Acts A, penalties (distribution of narcotic drugs in Schedules I(b) and (c), LSD, and Schedule II with intent to commit a crime)
Second offense
44-53-370(g)(1)(c) Prohibited Acts A, penalties (distribution of narcotic drugs in Schedules I(b) and (c), LSD, and Schedule II with intent to commit a crime)
Third or subsequent offense
44-53-375(B)(3) Manufacture, distribution, etc., ice, crank, or crack cocaine
Third or subsequent offense
44-53-375(C)(1)(b) Trafficking in ice, crank, or crack cocaine (10 grams or more but less than 28 grams)
Second offense
44-53-375(C)(2)(b) Trafficking in ice, crank, or crack cocaine (28 grams or more but less than 100 grams)
Second offense
55-1-30(3) Unlawful removing or damaging of airport facility or equipment when death results
56-5-1030(B)(3) Interference with traffic-control devices or railroad signs or signals prohibited when death results from violation
58-17-4090 Penalty for obstruction of railroad"
SECTION 4. Section 16-1-90(C) of the 1976 Code, as last amended by Act 372 of 1998, is further amended to read:
"(C) The following offenses are Class C felonies and the maximum terms established for a Class C felony, as set forth in Section 16-1-20(A), apply:
16-3-70 Administering or attempting to administer poison
16-3-75 Unlawful and malicious tampering with human drug product or food
16-3-85(C)(2) Aiding in the death of a child by abuse or neglect
16-3-95(A) Inflicting great bodily injury upon a child
16-3-220 Lynching in the second degree
16-3-620 Assault and battery with intent to kill
16-3-653 Criminal sexual conduct
Second degree
16-3-655(2) Criminal sexual conduct with minor--victim 14 years of age or less, but who is at least 11 years of age
Second degree
16-3-655(3) Criminal sexual conduct with minor--victim less than 16 years of age, but who is at least 14 years of age
Second degree
16-3-656 Assault with intent to commit criminal sexual conduct
Second degree
16-3-658 Criminal sexual conduct where victim is legal spouse (separated)
Second degree
16-3-810 Engaging child under 18 for sexual performance
16-3-1075(B)(1) Carjacking
16-11-330(B) Attempted armed robbery
16-11-330(C) Discharge of weapon during armed robbery
16-11-350 Train robbery by stopping train
16-11-360 Robbery after entry upon train
16-11-540 Damaging or destroying building, vehicle, or other property by means of explosive or incendiary
25-7-30 Giving information respecting national or state defense to foreign contacts (violation during peacetime)
44-53-370(b)(2) Prohibited Acts A, penalties (manufacture or possession of other substances in Schedule I, II, III, with intent to distribute)
Third or subsequent offense
44-53-370(e)(1)(a)2 Prohibited Acts A, penalties (trafficking in marijuana, 10 pounds or more, but less than 100 pounds)
Second offense
44-53-370(e)(6)(b) Prohibited Acts, penalties (trafficking in flunitrazepam, 100 grams but less than 1000 grams)
44-53-370(g)(1)(a) Prohibited Acts A, penalties (distribution of narcotic drugs in Schedules I(b) and (c), LSD, and Schedule II with intent to commit a crime)
First offense
44-53-370(g)(2)(b) Prohibited Acts A, penalties (distribution of controlled substances with intent to commit a crime)
Second offense
44-53-440 Distribution of controlled substance under Sections 44-53-370(a) and 44-53-375(B) to persons under 18
44-53-475(A)(3) Concealment of property derived from unlawful drug activity
58-15-870 Injuring railroad or electric railway generally if act endangers life"
SECTION 5. Section 16-11-330 of the 1976 Code, as last amended by Act 441 of 1996, is further amended to read:
"Section 16-11-330. (A) A person who commits robbery while armed with a pistol, dirk, slingshot, metal knuckles, razor, or other deadly weapon, or while alleging, either by action or words, he was armed while using a representation of a deadly weapon or any object which a person present during the commission of the robbery reasonably believed to be a deadly weapon, is guilty of a felony and, upon conviction, must be imprisoned for a mandatory minimum term of not less than ten years or more than thirty years, and a maximum term of life imprisonment, no part of which may be suspended or probation granted. A person convicted under this subsection is not eligible for parole until the person has served at least seven years of the sentence.
(B) A person who commits attempted robbery while armed with a pistol, dirk, slingshot, metal knuckles, razor, or other deadly weapon, or while alleging, either by action or words, he was armed while using a representation of a deadly weapon or any object which a person present during the commission of the robbery reasonably believed to be a deadly weapon, is guilty of a felony and, upon conviction, must be imprisoned not more than twenty years.
(C) A person who discharges a weapon during the commission of a robbery is guilty of a felony and, upon conviction, must be imprisoned not more than twenty years."
SECTION 6. Section 17-25-45(C)(1) of the 1976 Code, as last amended by Act 402 of 1998, is further amended to read:
"(1) 'Most serious offense' means:
16-1-40 Accessory, for any offense enumerated in this item
16-1-80 Attempt, for any offense enumerated in this item
16-3-10 Murder
16-3-30 Killing by poison
16-3-40 Killing by stabbing or thrusting
16-3-50 Voluntary manslaughter
16-3-85(A)(1) Homicide by child abuse
16-3-85(A)(2) Aiding and abetting homicide by child abuse
16-3-210 Lynching, First degree
16-3-430 Killing in a duel
16-3-620 Assault and battery with intent to kill
16-3-652 Criminal sexual conduct, First degree
16-3-653 Criminal sexual conduct, Second degree
16-3-655 Criminal sexual conduct with minors, except where evidence is presented at the criminal proceeding and the court, after the conviction, makes a specific finding on the record that the conviction obtained for this offense resulted from consensual sexual conduct where the victim was younger than the actor, as contained in Section 16-3-655(3)
16-3-656 Assault with intent to commit criminal sexual conduct, First and Second degree
16-3-910 Kidnapping
16-3-920 Conspiracy to commit kidnapping
16-3-1075 Carjacking
16-11-110(A) Arson, First degree
16-11-311 Burglary, First degree
16-11-330(A) Armed robbery
16-11-330(B) Attempted armed robbery
16-11-380 Bank robbery
16-11-540 Damaging or destroying building, vehicle, or other property by means of explosive incendiary, death results
24-13-450 Taking of a hostage by an inmate
25-7-30 Giving information respecting national or state defense to foreign contacts during war
25-7-40 Gathering information for an enemy
55-1-30(3) Unlawful removing or damaging of airport facility or equipment when death results
56-5-1030(B)(3) Interference with traffic-control devices or railroad signs or signals prohibited when death results from violation
58-17-4090 Obstruction of railroad, death results."
SECTION 7. Section 22-5-510 of the 1976 Code, as last amended by Act 425 of 1998, is further amended to read:
"Section 22-5-510. (A) Magistrates may admit to bail a person charged with an offense, the punishment of which is not death or imprisonment for life; provided, however, with respect to violent offenses as defined by the General Assembly pursuant to Section 15, Article I of the Constitution of South Carolina, magistrates may deny bail giving due weight to the evidence and to the nature and circumstances of the event. 'Violent offenses' as used in this section means mean the offenses contained in Section 16-1-60 and the offenses contained in Section 17-25-45 which when combined may lead to the sentence of a term of life imprisonment without the possibility of parole. If a person under lawful arrest on a charge not bailable is brought before a magistrate, the magistrate shall commit the person to jail. If the offense charged is bailable, the magistrate shall take recognizance with sufficient surety, if it is offered, in default whereof the person must be incarcerated.
(B) A person charged with a bailable offense must have a bond hearing within twenty-four hours of his arrest and must be released within a reasonable time, not to exceed four hours, after the bond is delivered to the incarcerating facility."
SECTION 8. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 9. This act takes effect upon July 1, 2001, and applies to offenses committed on or after that date.
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