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Bill 563

                    Current Status

Bill Number:                      563
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20010410
Primary Sponsor:                  Reese
All Sponsors:                     Reese
Drafted Document Number:          l:\council\bills\skb\18346som01.doc
Residing Body:                    Senate
Current Committee:                Judiciary Committee 11 SJ
Subject:                          Criminal sexual conduct with minor, 
                                  youthful offender may be treated as nonviolent 
                                  when; Minors, Juvenile Justice


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  20010410  Introduced, read first time,           11 SJ
                  referred to Committee


              Versions of This Bill

TO AMEND SECTION 16-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLENT CRIMES, SO AS TO PROVIDE THAT CRIMINAL SEXUAL CONDUCT WITH A MINOR IN CERTAIN INSTANCES, IF THE JUDGE MAKES SPECIFIC FINDINGS ON THE RECORD AT THE CRIMINAL PROCEEDING, IS NOT A VIOLENT OFFENSE.

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

SECTION 1. 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. (A) 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)); 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.

(B) Criminal sexual conduct with a minor, second degree, is not considered a violent offense pursuant to this section if evidence is presented at the criminal proceeding and the court makes a specific finding on the record that the conviction obtained for this offense resulted from consensual sexual conduct as contained in Section 16-3-655(3) provided the offender is eighteen years of age or less or the consensual sexual conduct was between persons under sixteen years of age."

SECTION 2. This act takes effect upon approval by the Governor and is both retroactive and prospective in application.

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