A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 16-3-600, RELATING TO ASSAULT AND BATTERY OFFENSES, SO AS TO PROVIDE FOR GRADUATED PENALTIES FOR PERSONS CONVICTED A SECOND TIME OF ASSAULT AND BATTERY IN THE THIRD DEGREE IF THE PERSON HAS PRIOR CONVICTIONS FOR ANY ASSAULT AND BATTERY OFFENSES.

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

SECTION 1.  Section 16-3-600(E) of the S.C. Code is amended to read:

    (E)(1) A person commits the offense of assault and battery in the third degree if the person unlawfully injures another person, or offers or attempts to injure another person with the present ability to do so.

       (2) A person who violates this subsection is guilty of a misdemeanor, and, upon conviction, must be fined not more than five hundred dollars, or imprisoned for not more than thirty days, or both.

       (3) A person who violates the provisions of this subsection a second time when he has a prior conviction for any assault and battery offense pursuant to the provisions of this section, is guilty of a misdemeanor and, upon conviction, must be fined not more seven hundred fifty dollars or imprisoned not more than sixty days.

       (4) A person who violates the provisions of this subsection a third or subsequent time when he has a prior conviction for any assault and battery offense pursuant to the provisions of this section, is guilty of a misdemeanor and, upon conviction, must be fined not more one thousand dollars or imprisoned not more than ninety days.

       (5) Notwithstanding Sections 22-3-540, 22-3-545, and 22-3-550, an offense pursuant to the provisions of this subsection is triable in magistrates court. A prior conviction for purposes of this subsection is defined as a conviction within five years of the date of commission of the current offense.

       (3)(6) Assault and battery in the third degree is a lesser-included offense of assault and battery in the second degree, as defined in subsection (D)(1), assault and battery in the first degree, as defined in subsection (C)(1), assault and battery of a high and aggravated nature, as defined in subsection (B)(1), and attempted murder, as defined in Section 16-3-29.

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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