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H. 3108
STATUS INFORMATION
General Bill
Sponsors: Reps. Davenport, Coates and Cotty
Document Path: l:\council\bills\ggs\22653cm03.doc
Introduced in the House on January 14, 2003
Currently residing in the House Committee on Judiciary
Summary: DUI causing great bodily harm considered violent crime
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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12/4/2002 House Prefiled
12/4/2002 House Referred to Committee on Judiciary
1/14/2003 House Introduced and read first time HJ-47
1/14/2003 House Referred to Committee on Judiciary HJ-47
2/4/2003 House Member(s) request name added as sponsor: Cotty
View the latest legislative information at the LPITS web site
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 ASSAULT AND BATTERY OF A HIGH AND AGGRAVATED NATURE, AND CAUSING GREAT BODILY INJURY OR DEATH BY OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER CONTROLLED SUBSTANCE ARE VIOLENT CRIMES.
Whereas, assault and battery of a high and aggravated nature is a serious offense that should be designated as a violent crime; and
Whereas, causing great bodily injury or death by operating a vehicle while under the influence of alcohol or another controlled substance is a serious offense that should be designated as a violent crime. Now, therefore,
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 176 of 2002, 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)); 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)); abuse or neglect of a vulnerable adult resulting in death (Section 43-35-85(F)); abuse or neglect of a vulnerable adult resulting in great bodily injury (Section 43-35-85(E)); 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); assault and battery of a high and aggravated nature (common law crime); and causing great bodily injury or death by operating a vehicle while under the influence of alcohol or another controlled substance (Section 56-5-2945). Only those offenses specifically enumerated in this section are considered violent offenses."
SECTION 2. All proceedings pending and all rights and liabilities existing, acquired, or accrued at the time this act takes effect are saved. Except as otherwise provided, the provisions of this act apply prospectively to crimes and offenses committed on or after the effective date of this act.
SECTION 3. This act takes effect upon approval by the Governor.
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