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H. 3171
STATUS INFORMATION
General Bill
Sponsors: Reps. Haley, Shoopman, Huggins and Viers
Document Path: l:\council\bills\ms\7084ahb07.doc
Introduced in the House on January 9, 2007
Currently residing in the House Committee on Judiciary
Summary: Homicide by child abuse
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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12/20/2006 House Prefiled
12/20/2006 House Referred to Committee on Judiciary
1/9/2007 House Introduced and read first time HJ-95
1/9/2007 House Referred to Committee on Judiciary HJ-95
2/15/2007 House Member(s) request name added as sponsor: Viers
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 16-3-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOMICIDE BY CHILD ABUSE, SO AS TO INCLUDE THE INGESTION OF CERTAIN ILLEGAL DRUGS BY THE MOTHER DURING THE COURSE OF PREGNANCY; TO AMEND SECTION 20-7-30, AS AMENDED, RELATING TO DEFINITIONS FOR THE PURPOSES OF THE CHILDREN'S CODE, SO AS TO REVISE THE DEFINITION OF "CHILD" TO INCLUDE AN UNBORN CHILD; AND TO AMEND SECTION 20-7-50, AS AMENDED, RELATING TO UNLAWFUL CONDUCT TOWARD A CHILD, SO AS TO INCLUDE INGESTION OF CERTAIN ILLEGAL DRUGS BY THE MOTHER DURING THE COURSE OF PREGNANCY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-3-85(B)(1) of the 1976 Code is amended to read:
"(1) 'child abuse or neglect' means an act or omission by any person which causes harm to the child's physical health or welfare including, but not limited to, the ingestion of any methamphetamine, cocaine base, or narcotic drug, as defined in Section 44-53-110, during the course of pregnancy if it is the proximate cause of death of an unborn child as defined in Section 16-3-1083(C);"
SECTION 2. Section 20-7-30(1) of the 1976 Code is amended to read:
"(1) 'Child' means a person under the age of eighteen and includes an unborn child as defined in Section 16-3-1083(C)."
SECTION 3. Section 20-7-50(A)(1) of the 1976 Code, as last amended by Act 450 of 1996, is further amended to read:
"(1) place the child at unreasonable risk of harm affecting the child's life, physical or mental health, or safety including, but not limited to, the ingestion of any methamphetamine, cocaine base, or narcotic drug, as defined in Section 44-53-110, during the course of pregnancy;"
SECTION 4. 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 5. 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 act, 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 6. This act takes effect upon approval by the Governor.
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