A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS SO AS TO ENACT THE "SENTENCING ENHANCEMENTS FOR CRIMES AGAINST MINORS ACT"; BY ADDING ARTICLE 22 TO CHAPTER 3, TITLE 16 SO AS TO ESTABLISH ADDITIONAL TERMS OF IMPRISONMENT FOR PERSONS CONVICTED OF CRIMES AGAINST MINORS AND TO PROHIBIT THE AVOIDANCE OR REDUCTION OF CRIMINAL RESPONSIBILITY FOR PERSONS CONVICTED OF CRIMES AGAINST MINORS DUE TO A VERDICT OR PLEA OF NOT GUILTY BY REASON OF INSANITY.

 

Whereas, it is the intent of the General Assembly to protect the safety and well-being of minors by deterring crimes committed against children; and

 

Whereas, it is the intent of the General Assembly to ensure that perpetrators who commit crimes against children receive enhanced penalties for such offenses; and

 

Whereas, the General Assembly finds that minors are particularly vulnerable to victimization and should be afforded special protection under the law. Now, therefore,

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  This act may be cited as the "Sentencing Enhancements for Crimes Against Minors Act."

 

SECTION 2.  Chapter 3, Title 16 of the S.C. Code is amended by adding:

 

Article 22

 

Sentencing Enhancements for Crimes Against Minors

 

    Section 16-3-2400. For purposes of this article:

    (1) "Crime against a minor" means an offense in which the victim is a minor. This includes, but is not limited to, an offense under Titles 16 or 44 that involves:

       (a) physical assault or battery;

       (b) criminal sexual conduct;

       (c) kidnapping;

       (d) pornography or exploitation;

       (e) trafficking in humans;

       (f) neglect or endangerment;

       (g) homicide or attempted homicide.

    (2) "Minor" means a person under the age of eighteen years.

 

    Section 16-3-2410. (A) If a person is convicted of a crime against a minor and that crime is punishable by imprisonment, the court shall impose an additional term of imprisonment as described in this section. The additional term of imprisonment shall be mandatory and shall be served consecutively with and commence at the expiration of the sentence ordered for the underlying crime against a minor.

       (1) If the victim is aged twelve to eighteen years old, the court shall impose:

           (a) for a misdemeanor offense, an additional one year of imprisonment;

           (b) for a felony offense, an additional five years of imprisonment.

        (2) If the victim is aged eleven years or younger:

           (1) for a misdemeanor offense, an additional two years of imprisonment;

           (2) for a felony offense, an additional ten years of imprisonment.

    (B) Any person convicted of a second or subsequent offense for a crime against a minor shall be sentenced to double the mandatory additional term of imprisonment described in subsection (A).

    (C) The additional term of imprisonment provided in this subsection shall not be suspended, or otherwise eligible for parole, probation, or early release. In addition, this additional term of imprisonment must not be considered or used to reduce the punishment for the underlying crime against a minor.

 

    Section 16-3-2420. Nothing in this article shall prevent prosecution under any other applicable law. The provisions in Section 16-3-2410 shall be in addition to any other remedy or punishment available by law.

 

    Section 16-3-2430. (A) Notwithstanding any other provision of law, a person who is convicted of a crime against a minor shall not be excused from criminal responsibility due to a verdict or plea of not guilty by reason of insanity. If the person is convicted of a crime against a minor, a claim of insanity, diminished mental capacity, or mental illness shall not be used to:

       (1) avoid the imposition of the additional term of imprisonment as prescribed in this article; or

       (2) alter, reduce, or suspend any part of the sentence resulting from the conviction.

    (B) A person who is convicted of a crime against a minor shall serve the full term of imprisonment, including the additional term of imprisonment as described in this article, as if fully competent and sane.

    (C) Nothing in this section shall be construed to prohibit the provision of mental health treatment of a person convicted of a crime against a minor while that person is incarcerated or the initiation of civil commitment proceedings following completion of the criminal sentence where authorized by law.

 

SECTION 3.  This act takes effect upon approval by the Governor and shall apply to all offenses committed on or after this date.

----XX----