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H. 4918
STATUS INFORMATION
General Bill
Sponsors: Reps. Jennings, G.M. Smith, Herbkersman and Whipper
Document Path: l:\council\bills\ms\7112ahb06.doc
Introduced in the House on March 30, 2006
Currently residing in the House Committee on Judiciary
Summary: Kidnapping
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 3/30/2006 House Introduced and read first time HJ-5 3/30/2006 House Referred to Committee on Judiciary HJ-5
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-915 SO AS TO CREATE THE OFFENSE OF UNLAWFUL RESTRAINT AND TO PROVIDE A PENALTY; BY ADDING SECTION 16-3-916 SO AS TO CREATE THE OFFENSE OF FALSE IMPRISONMENT, TO PROVIDE A PENALTY, AND TO PROVIDE DEFENSES; TO AMEND SECTION 16-3-910, RELATING TO KIDNAPPING, SO AS TO PROVIDE A PERSON IS GUILTY OF KIDNAPPING WHEN COMMITTED FOR SPECIFIC DELINEATED PURPOSES; AND TO AMEND SECTION 16-3-920, RELATING TO CONSPIRACY TO KIDNAP, SO AS TO INCLUDE THE OFFENSES OF UNLAWFUL RESTRAINT AND FALSE IMPRISONMENT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 9, Chapter 3, Title 16 of the 1976 Code is amended by adding:
"Section 16-3-915. (A) It is unlawful for a person to knowingly restrain another without consent, interfere substantially with his liberty, and expose him to a substantial risk of serious physical injury.
(B) A person who violates the provisions of this section is guilty of the felony offense of unlawful restraint and, upon conviction, must be fined not more than five thousand dollars and imprisoned for not more than twenty years.
(C) The offense of unlawful restraint is considered a lesser-included offense of kidnapping as defined in Section 16-3-910."
SECTION 2. Article 9, Chapter 3, Title 16 of the 1976 Code is amended by adding:
"Section 16-3-916. (A) It is unlawful for a person to knowingly restrain another without consent and interfere substantially with his liberty.
(B) A person who violates the provisions of this section is guilty of the misdemeanor offense of false imprisonment and, upon conviction, must be fined not more than one thousand dollars and imprisoned for not more than three years.
(C) The offense of false imprisonment is considered a lesser-included offense of kidnapping as defined in Section 16-3-910 and of unlawful restraint as defined in Section 16-3-915.
(D) A person may not be convicted of a violation of the provisions of this section if the person restrained is a minor under the age of eighteen and a parent, guardian, or other person responsible for the general supervision of the minor's welfare has consented to the restraint or the person is a relative of the child and:
(1) the person's sole purpose is to assume control of the child; and
(2) the child is not taken out of the State.
(E) For the purposes of this section, the term 'relative' means a parent, step-parent, ancestor, sibling, uncle, aunt, and an adoptive person of the same degree through marriage or adoption.
(F) The burden of proving a defense pursuant to subsection (D) is on the defendant."
SECTION 3. Section 16-3-910 of the 1976 Code is amended to read:
"Section 16-3-910. (A) Whoever shall unlawfully It is unlawful to seize, confine, inveigle, decoy, kidnap, abduct or carry away any other another person by any means whatsoever without authority of law, except when a minor is seized or taken by his parent, and for the purpose of:
(1) holding another person for ransom, reward, or other act to be performed or not performed for the return or release of the person;
(2) using another person as a shield or as a hostage;
(3) interfering with the performance of a governmental or political function;
(4) facilitating the commission of a felony or flight from the commission of a felony; or
(5) inflicting personal injury on or terrorizing the person kidnapped or another person.
(B) A person who violates the provisions of this section is guilty of a the felony offense of kidnapping and, upon conviction, must be imprisoned for a period not to exceed more than thirty years unless sentenced for murder as provided in Section 16-3-20."
SECTION 4. Section 16-3-920 of the 1976 Code is amended to read:
"Section 16-3-920. If two or more persons enter into an agreement, confederation, or conspiracy to violate the provisions of Section 16-3-910, 16-3-915, or 16-3-916 and any of such these persons do any commit an overt act towards carrying out such the unlawful agreement, confederation, or conspiracy, each such person shall be is guilty of a felony and, upon conviction, shall must be punished in like manner as provided for the violation of Section 16-3-910, 16-3-915, or 16-3-916."
SECTION 5. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 6. This act takes effect upon approval by the Governor.
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