South Carolina General Assembly
114th Session, 2001-2002

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Bill 255

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)


Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

February 20, 2002

    S. 255

Introduced by Senators Hayes, Branton, Ryberg, Ravenel, Giese, Grooms, Alexander, Wilson, Peeler, J. Verne Smith, Leatherman, Hawkins and Ritchie

S. Printed 2/20/02--S.

Read the first time January 31, 2001.

            

THE COMMITTEE ON JUDICIARY

    To whom was referred a Bill (S. 255) to amend Section 16-23-10, Code of Laws of South Carolina, 1976, relating to definitions pertaining to offenses involving weapons, so as to revise the definition, etc., respectfully

REPORT:

    That they have duly and carefully considered the same and recommend that the same do pass with amendment:

    Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:

    /    SECTION    1.    Section 16-23-10(c) of the 1976 Code is amended to read:

    "(c)    The term 'crime of violence' means murder, manslaughter (except negligent manslaughter arising out of traffic accidents), rape, mayhem, kidnapping, burglary, robbery, housebreaking, assault with intent to kill, commit rape, or rob, assault with a dangerous weapon, a violent crime pursuant to Section 16-1-60 or assault with intent to commit any offense punishable by imprisonment for more than one year distribution of a narcotic drug pursuant to Chapter 53 of Title 44."

    SECTION    2.    This act takes effect upon approval by the Governor.    /

    Renumber sections to conform.

    Amend title to conform.

GREG GREGORY for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

Minimal (Some additional costs expected but can be absorbed)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

Department of Corrections

    The department forecasts a minimal fiscal impact to the General Fund of the State with the passage of the proposed legislation. The department notes that the designation of these two crime categories to violent crimes should have minimal impact on expected time to serve by offenders having committed these crimes.

SC Judicial Department

    The department has indicated that there would be a minimal impact to the General Fund of the State, which can be absorbed by the agency with its current level of funding.

    Approved By:

    Don Addy

    Office of State Budget

A BILL

TO AMEND SECTION 16-23-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO OFFENSES INVOLVING WEAPONS, SO AS TO REVISE THE DEFINITION FOR THE TERM "CRIME OF VIOLENCE" TO INCLUDE THE OFFENSES OF DISTRIBUTION OF NARCOTIC DRUGS AND TRAFFICKING OF NARCOTIC DRUGS.

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

SECTION    1.    Section 16-23-10(c) of the 1976 Code is amended to read:

    "(c) The term 'crime of violence' means murder, manslaughter (except negligent manslaughter arising out of traffic accidents), rape, mayhem, kidnapping, burglary, robbery, housebreaking, assault with intent to kill, commit rape, or rob, assault with a dangerous weapon, distribution of narcotic drugs, trafficking of narcotic drugs, or assault with intent to commit any offense punishable by imprisonment for more than one year."

SECTION    2.    This act takes effect upon approval by the Governor.

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