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H. 4589
STATUS INFORMATION
General Bill
Sponsors: Reps. Young, Crawford, Hutson and Knight
Document Path: l:\council\bills\ms\7461ahb08.doc
Introduced in the House on January 29, 2008
Currently residing in the House Committee on Judiciary
Summary: Attempted murder offense
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/29/2008 House Introduced and read first time HJ-35 1/29/2008 House Referred to Committee on Judiciary HJ-35
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 16-3-29 SO AS TO CREATE THE OFFENSE OF ATTEMPTED MURDER; TO AMEND SECTION 16-1-60, AS AMENDED, RELATING TO VIOLENT OFFENSES, SO AS TO INCLUDE CERTAIN ASSAULT AND ASSAULT AND BATTERY OFFENSES; TO AMEND SECTION 16-3-620, RELATING TO THE OFFENSE OF ASSAULT AND BATTERY WITH INTENT TO KILL, SO AS TO CREATE GRADUATED ASSAULT AND ASSAULT AND BATTERY OFFENSES AND TO REPEAL COMMON LAW ASSAULT AND ASSAULT AND BATTERY OFFENSES; AND TO AMEND SECTION 17-25-45, AS AMENDED, RELATING TO LIFE SENTENCES FOR CERTAIN OFFENSES, SO AS TO ADD CERTAIN ASSAULT AND ASSAULT AND BATTERY OFFENSES TO THE OFFENSES CONSIDERED "MOST SERIOUS" AND "SERIOUS".
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 1, Chapter 3, Title 16 of the 1976 Code is amended by adding:
"Section 16-3-29. A person who attempts to commit the crime of murder as defined in Section 16-3-10 is guilty of a felony and, upon conviction, must be punished as for the principal offense as provided in this article."
SECTION 2. Section 16-1-60 of the 1976 Code, as last amended by Act 379 of 2006, 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:
(1) murder (Section 16-3-10);
(2) criminal sexual conduct in the first and second degree (Sections 16-3-652 and 16-3-653);
(3) criminal sexual conduct with minors, first and second degree (Section 16-3-655);
(4) assault with intent to commit criminal sexual conduct, first and second degree (Section 16-3-656);
(5) assault in the first degree and assault and battery with intent to killin the first degree (Section 16-3-620);
(6) kidnapping (Section 16-3-910);
(7) voluntary manslaughter (Section 16-3-50);
(8) armed robbery (Section 16-11-330(A));
(9) attempted armed robbery (Section 16-11-330(B));
(10) carjacking (Section 16-3-1075);
(11) drug trafficking as defined in Section 44-53-370(e) or trafficking cocaine base as defined in Section 44-53-375(C);
(12) manufacturing or trafficking methamphetamine as defined in Section 44-53-375;
(13) arson in the first degree (Section 16-11-110(A));
(14) arson in the second degree (Section 16-11-110(B));
(15) burglary in the first degree (Section 16-11-311);
(16) burglary in the second degree (Section 16-11-312(B));
(17) engaging a child for a sexual performance (Section 16-3-810);
(18) homicide by child abuse (Section 16-3-85(A)(1));
(19) aiding and abetting homicide by child abuse (Section 16-3-85(A)(2));
(20) inflicting great bodily injury upon a child (Section 16-3-95(A));
(21) allowing great bodily injury to be inflicted upon a child (Section 16-3-95(B));
(22) criminal domestic violence of a high and aggravated nature (Section 16-25-65);
(23) abuse or neglect of a vulnerable adult resulting in death (Section 43-35-85(F));
(24) 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
(25) taking of a hostage by an inmate (Section 24-13-450). (B) For purposes of definition under South Carolina law, a violent crime includes accessory before the fact to commit any of the offenses delineated in subsection (A) (Section 16-1-40) and attempt to commit any of the offenses delineated in subsection (A) (Section 16-1-80).
(C) Only those offenses specifically enumerated in this section are considered violent offenses."
SECTION 3. Section 16-3-620 of the 1976 Code is amended to read:
"Section 16-3-620. The crime of assault and battery with intent to kill shall be a felony in this State and any person convicted of such crime shall be punished by imprisonment not to exceed twenty years.(A) For purposes of this section:
(1) 'Assault' means the offer to commit an unlawful contact or other offensive touching upon another person with the present ability to commit the act with an object or body part set in motion by the actor.
(2) 'Battery' means the completion of the assault or the offensive touching of another person or an object intimately connected with the person's body including, but not limited to a vehicle, purse, briefcase, or clothing.
(3) 'Deadly weapon' means any instrument which can be used to inflict deadly force including, but not limited to, firearms, knives, razors, machetes, poison, drugs, motor vehicles, animals, hands, or feet.
(4) 'Great bodily injury' means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of a bodily member or organ.
(5) 'Indecent sexual conduct' means contact upon the body of another person with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of the actor or another person which does not meet the definition of 'sexual battery' contained in Section 16-3-651.
(6) 'Moderate bodily injury' means bodily injury which actually, or in the opinion of a medical professional, requires medical treatment but does not cause a substantial risk of death or which does not cause serious, permanent disfigurement or protracted loss or impairment of the function of a bodily member or organ.
(7) 'Simple bodily injury' means an injury that actually, or in the opinion of a health care professional, does not need medical attention but evidence of an injury is apparent including, but not limited to, a bruise, scar, cut, or scrape.
(B)(1) A person is guilty of assault and battery in the first degree if he commits an act of unlawful physical contact against another person and:
(a) great bodily injury to the victim results;
(b) the actor uses a deadly weapon in the commission of the offense;
(c) the act is accomplished with malice aforethought, either expressed or implied;
(d) the act is accomplished during the commission of another violent crime as defined in Section 16-1-60; or
(e) moderate bodily injury to a law enforcement officer results while in the performance of his official duties.
(2) A person convicted pursuant to this subsection is guilty of a felony and, upon conviction, must be imprisoned for life or by a mandatory minimum of ten years, no part of which may be suspended nor probation granted. For purposes of this subsection, 'life' means until death.
(C)(1) A person is guilty of assault and battery in the second degree if he commits an act of unlawful physical contact against another person and:
(a) moderate bodily injury to the victim results;
(b) indecent sexual contact to a male or female victim is perpetrated by the actor;
(c) simple bodily injury to a law enforcement officer results while in the performance of his official duties; or
(d) there is disparity of the physical condition, size, ability, or ages between the actor and the victim.
(2) A person convicted pursuant to this subsection is guilty of a felony and, upon conviction, must be imprisoned for not more than ten years.
(D)(1) A person is guilty of assault and battery in the third degree if he commits an act of unlawful physical contact against another person.
(2) A person convicted pursuant to this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than thirty days, or both.
(E)(1) A person is guilty of assault in the first degree if he commits an assault against another person without actual unlawful physical contact and:
(a) the threat of great bodily injury to the victim is present;
(b) the actor is in possession of a deadly weapon;
(c) the act is accomplished with malice aforethought, either expressed or implied;
(d) the act is accomplished during the commission of another violent crime as defined in Section 16-1-60; or
(e) the actor uses a deadly weapon to threaten a law enforcement officer while in the performance of his official duties.
(2) A person convicted pursuant to this subsection is guilty of a felony and, upon conviction, must be imprisoned for not more than thirty years.
(F)(1) A person is guilty of assault in the second degree if he commits an assault without actual unlawful physical contact and:
(a) the threat of moderate bodily injury to the victim is present; or
(b) there is disparity of the physical condition, size, ability, or ages between the actor and the victim.
(2) A person convicted pursuant to this subsection is guilty of a felony and, upon conviction, must be imprisoned for not more than five years.
(G)(1) A person is guilty of assault in the third degree if he offers or threatens to commit an act of unlawful physical contact with the present ability to carry out the offer or threat.
(2) A person convicted pursuant to this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than thirty days, or both.
(H) The common law offenses of assault and battery with intent to kill, assault and battery of a high and aggravated nature, aggravated assault and battery, simple assault and battery, assault and battery, assault of a high and aggravated nature, aggravated assault, simple assault, and assault are abolished."
SECTION 4. Section 17-25-45(C) of the 1976 Code, as last amended by Act 72 of 2007, is further amended to read:
"(C) As used in this section:
(1) 'Most serious offense' means:
16-1-40 Accessory, for any offense enumerated
in this item
16-1-80 Attempt, for any offense enumerated in
this item
16-3-10 Murder
16-3-30 Killing by poison
16-3-40 Killing by stabbing or thrusting
16-3-50 Voluntary manslaughter
16-3-85(A)(1) Homicide by child abuse
16-3-85(A)(2) Aiding and abetting homicide by child
abuse
16-3-210 Lynching, First degree
16-3-430 Killing in a duel
16-3-620 Assault and battery with intent to kill,
First degree
16-3-652 Criminal sexual conduct, First degree
16-3-653 Criminal sexual conduct, Second degree
16-3-655 Criminal sexual conduct with minors,
except where evidence is presented at
the criminal proceeding and the court,
after the conviction, makes a specific
finding on the record that the conviction
obtained for this offense resulted from
consensual sexual conduct where the
victim was younger than the actor, as
contained in Section 16-3-655(3)
16-3-656 Assault with intent to commit criminal
sexual conduct, First and Second degree
16-3-910 Kidnapping
16-3-920 Conspiracy to commit kidnapping
16-3-1075 Carjacking
16-11-110(A) Arson, First degree
16-11-311 Burglary, First degree
16-11-330(A) Armed robbery
16-11-330(B) Attempted armed robbery
16-11-540 Damaging or destroying building, vehicle,
or other property by means of explosive
incendiary, death results
24-13-450 Taking of a hostage by an inmate
25-7-30 Giving information respecting national or
state defense to foreign contacts during
war
25-7-40 Gathering information for an enemy
43-35-85(F) Abuse or neglect of a vulnerable adult
resulting in death
55-1-30(3) Unlawful removing or damaging of
airport facility or equipment when death
results
56-5-1030(B)(3) Interference with traffic-control devices or
railroad signs or signals
prohibited when death results
from violation
58-17-4090 Obstruction of railroad, death results.
(2) 'Serious offense' means:
(a) any offense which is punishable by a maximum term of imprisonment for thirty years or more which is not referenced in subsection (C)(1);
(b) those felonies enumerated as follows:
16-3-220 Lynching, Second degree
16-3-620 Assault, First degree
16-3-810 Engaging child for sexual performance
16-9-220 Acceptance of bribes by officers
16-9-290 Accepting bribes for purpose of procuring
public office
16-11-110(B) Arson, Second degree
16-11-312(B) Burglary, Second degree
16-11-380(B) Theft of a person using an automated
teller machine
16-13-210(1) Embezzlement of public funds
16-13-230(B)(3) Breach of trust with fraudulent intent
16-13-240(1) Obtaining signature or property by false
pretenses
38-55-540(3) Insurance fraud
43-35-85(E) Abuse or neglect of a vulnerable adult
resulting in great bodily injury
44-53-370(e) Trafficking in controlled substances
44-53-375(C) Trafficking in ice, crank, or crack cocaine
44-53-445(B)(1)&(2) Distribute, sell, manufacture, or posses
with intent to distribute controlled
substances within proximity of school
56-5-2945 Causing death by operating vehicle while
under influence of drugs or alcohol; and
(c) the offenses enumerated below:
16-1-40 Accessory before the fact for any of the
offenses listed in subitems (a) and (b)
16-1-80 Attempt to commit any of the offenses
listed in subitems (a) and (b)
43-35-85(E) Abuse or neglect of a vulnerable adult
resulting in great bodily injury."
SECTION 5. Wherever in the 1976 Code reference is made to the common law offense of assault and battery of a high and aggravated nature, it means assault and battery in the second degree as defined in Section 16-3-620(C); and wherever reference is made to assault and battery with intent to kill, it means attempted murder as defined in Section 16-3-29.
SECTION 6. 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 7. This act takes effect upon approval by the Governor.
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