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H. 4574
STATUS INFORMATION
General Bill
Sponsors: Reps. Tallon, Allison, Harrison, McCoy, Atwater, Ballentine, Bannister, Bedingfield, Chumley, Cole, Forrester, Huggins, Long, Merrill, Munnerlyn, Parker, Pope, Ryan, Stavrinakis, White and V.S. Moss
Document Path: l:\council\bills\ms\7653ahb12.docx
Introduced in the House on January 11, 2012
Currently residing in the House Committee on Judiciary
Summary: List of serious offenses
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/11/2012 House Introduced and read first time 1/11/2012 House Referred to Committee on Judiciary 1/26/2012 House Member(s) request name added as sponsor: V.S.Moss
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 17-25-45, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIST OF OFFENSES DEFINED AS MOST SERIOUS AND SERIOUS FOR PURPOSES OF TWO AND THREE STRIKES FOR REPEAT OFFENDERS, SO AS TO ADD CERTAIN OFFENSES TO THE LIST OF OFFENSES DELINEATED AS SERIOUS OFFENSES FOR PURPOSES OF THREE STRIKES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 17-25-45(C)(2)(b) and (c) of the 1976 Code, as last amended by Act 289 of 2010, is further amended to read:
"(b) those felonies enumerated as follows:
16-3-220 Lynching, Second degree
16-3-210(C) Assault and battery by mob,
Second degree
16-3-600(B) Assault and battery of a high
and aggravated nature
16-3-625 Resisting arrest with a deadly
weapon
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
16-11-325 Common law robbery
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
16-23-415 Taking firearm or other weapon
from law enforcement officer
16-23-440 Discharging firearms at or into
dwellings, structures, enclosures,
vehicles, or equipment
16-25-65 Criminal domestic violence of a
high and aggravated nature
38-55-540(3) Insurance fraud
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
Common Law Assault with intent to kill."
SECTION 2. 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 3. This act takes effect upon approval by the Governor.
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