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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SENIOR PROTECTION ACT" BY ADDING SECTION 16-3-614 SO AS TO CREATE AN ADDITIONAL PENALTY FOR A PERSON WHO COMMITS AN ASSAULT AND BATTERY OFFENSE AGAINST A PERSON SEVENTY YEARS OF AGE OR OLDER AND TO PROVIDE THAT THE ADDITIONAL PENALTY IS MANDATORY AND MUST BE SERVED CONSECUTIVELY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "Senior Protection Act".
SECTION 2. Article 7, Chapter 3, Title 16 of the 1976 is amended by adding:
"Section 16-3-614. A person who is convicted of an assault and battery offense against a person who is seventy years of age or older shall have his sentence increased by three years in addition to the penalty for the underlying offense. The service of the additional three-year sentence is mandatory and no part of the sentence may be suspended nor probation granted. A sentence imposed pursuant to the provisions of this section must be served consecutively to a sentence for the underlying offense."
SECTION 3. 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founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action,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of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.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 4. This act takes effect upon approval by the Governor.
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