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TO AMEND SECTION 17-25-45, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIFE SENTENCES FOR PERSONS CONVICTED OF CERTAIN MOST SERIOUS AND SERIOUS OFFENSES, SO AS TO INCLUDE THE OFFENSE OF COMMITTING OR ATTEMPTING A LEWD ACT UPON A CHILD UNDER SIXTEEN IN THE LIST OF SERIOUS OFFENSES; AND TO AMEND SECTION 24-13-100, RELATING TO THE DEFINITION OF "NO PAROLE OFFENSE", SO AS TO ADD THE OFFENSE OF COMMITTING OR ATTEMPTING A LEWD ACT UPON A CHILD UNDER SIXTEEN AS AN OFFENSE FOR WHICH A PERSON MAY NOT BE PAROLED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 17-25-45(C)(2) of the 1976 Code, as last amended by Act 72 of 2007, is further amended to read:
"(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
16-3-810 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
16-15-140 Committing or attempting a lewd act upon a child under sixteen
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 possess 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 2. Section 24-13-100 of the 1976 Code is amended to read:
"Section 24-13-100. For purposes of definition under South Carolina law, a 'no parole offense' means:
(1) a class A, B, or C felony; or
(2) an offense exempt from classification as enumerated in Section 16-1-10(d), which is punishable by a maximum term of imprisonment for twenty years or more; and
(3) the offense of committing or attempting a lewd act upon a child under sixteen years of age as defined in Section 16-15-410."
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.
This web page was last updated on Monday, June 22, 2009 at 2:54 P.M.