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A101, R106, S405
STATUS INFORMATION
General Bill
Sponsors: Senators Alexander, Martin and Young
Document Path: SR-0043CEM25.docx
Introduced in the Senate on March 4, 2025
Introduced in the House on April 3, 2025
Last Amended on March 5, 2026
Currently residing in the House
Governor's Action: March 9, 2026, Signed
Summary: Homicide by Child Abuse
HISTORY OF LEGISLATIVE ACTIONS
| Date | Body | Action Description with journal page number |
|---|---|---|
| 3/4/2025 | Senate | Introduced and read first time (Senate Journal-page 6) |
| 3/4/2025 | Senate | Referred to Committee on Judiciary (Senate Journal-page 6) |
| 3/26/2025 | Senate | Committee report: Favorable Judiciary (Senate Journal-page 15) |
| 4/1/2025 | Senate | Read second time (Senate Journal-page 25) |
| 4/1/2025 | Senate | Roll call Ayes-45 Nays-0 (Senate Journal-page 25) |
| 4/2/2025 | Senate | Read third time and sent to House (Senate Journal-page 9) |
| 4/3/2025 | House | Introduced and read first time (House Journal-page 27) |
| 4/3/2025 | House | Referred to Committee on Judiciary (House Journal-page 27) |
| 2/3/2026 | House | Committee report: Favorable with amendment Judiciary (House Journal-page 6) |
| 2/5/2026 | House | Amended (House Journal-page 25) |
| 2/5/2026 | House | Read second time (House Journal-page 25) |
| 2/5/2026 | House | Roll call Yeas-110 Nays-0 (House Journal-page 25) |
| 2/5/2026 | House | Unanimous consent for third reading on next legislative day (House Journal-page 27) |
| 2/6/2026 | House | Read third time and returned to Senate with amendments |
| 2/11/2026 | Senate | Non-concurrence in House amendment (Senate Journal-page 26) |
| 3/5/2026 | House | House recedes from amendment(s) (House Journal-page 6) |
| 3/5/2026 | House | Ordered enrolled for ratification (House Journal-page 6) |
| 3/5/2026 | Ratified R 106 | |
| 3/9/2026 | Signed By Governor | |
| 3/12/2026 | Effective date 03/09/26 | |
| 3/12/2026 | Act No. 101 |
View the latest legislative information at the website
VERSIONS OF THIS BILL
03/04/2025
03/26/2025
02/03/2026
02/05/2026
03/05/2026
NOTE: THIS IS A TEMPORARY VERSION. THIS DOCUMENT WILL REMAIN IN THIS VERSION UNTIL FINAL APPROVAL BY THE LEGISLATIVE COUNCIL.
(A101, R106, S405)
AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 16-3-85, RELATING TO HOMICIDE BY CHILD ABUSE, SO AS TO INCREASE THE AGE OF A CHILD UNDER THIS SECTION FROM UNDER THE AGE OF ELEVEN TO UNDER THE AGE OF EIGHTEEN.
Be it enacted by the General Assembly of the State of South Carolina:
Homicide by Child Abuse, age of child increased
SECTION 1. Section 16-3-85 of the S.C. Code is amended to read:
Section 16-3-85. (A) A person is guilty of homicide by child abuse if the person:
(1) causes the death of a child under the age of eighteen while committing child abuse or neglect, and the death occurs under circumstances manifesting an extreme indifference to human life; or
(2) knowingly aids and abets another person to commit child abuse or neglect, and the child abuse or neglect results in the death of a child under the age of eighteen.
(B) As used in this section:
(1) "Child abuse or neglect" means an act or omission by any person which causes harm to the child's physical health or welfare.
(2) "Harm" to a child's health or welfare occurs when a person:
(a) inflicts or allows to be inflicted upon the child physical injury, including injuries sustained as a result of excessive corporal punishment;
(b) fails to supply the child with adequate food, clothing, shelter, or healthcare, and the failure to do so causes a physical injury or condition resulting in death; or
(c) abandons the child resulting in the child's death.
(C) Homicide by child abuse is a felony and a person who is convicted of or pleads guilty to homicide by child abuse:
(1) under subsection (A)(1) may be imprisoned for life but not less than a term of twenty years; or
(2) under subsection (A)(2) must be imprisoned for a term not exceeding twenty years nor less than ten years.
(D) In sentencing a person under this section, the judge must consider any aggravating circumstances including, but not limited to, a defendant's past pattern of child abuse or neglect of a child under the age of eighteen, and any mitigating circumstances; however, a child's crying does not constitute provocation so as to be considered a mitigating circumstance.
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Ratified the 5th day of March, 2026.
Approved the 9th day of March, 2026.
This web page was last updated on March 12, 2026 at 11:58 AM