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Committee Amendment Adopted and Amended

April 28, 2026

 

S. 270

 

Introduced by Senators Alexander, Hembree, Adams, Goldfinch, Walker, Garrett and Zell

 

S. Printed 4/28/26--S.

Read the first time January 28, 2025

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 16-3-29, RELATING TO ATTEMPTED MURDER, SO AS TO DEFINE ATTEMPTED MURDER AS COMMITTING AN UNLAWFUL ACT OF A VIOLENT NATURE THAT CAUSES INJURY TO ANOTHER WITH MALICE.

    Amend Title To Conform

 

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

 

SECTION 1.  Section 16-3-29 of the S.C. Code is amended to read:

 

    Section 16-3-29.(A)  A person who, with intent to kill, attempts to kill another person with malice aforethought, either expressed or implied, commits the offense of attempted murder. ,A person who violates this section is guilty of a felony, and, upon conviction, must be imprisoned for not more than thirty years. A sentence imposed pursuant to this section may not be suspended nor may probation be granted. A person who, unlawfully with intent to kill, attempts to kill another person commits the crime of attempted murder in the first degree. A person who is convicted of attempted murder in the first degree is guilty of a felony and must be imprisoned for not less than five years nor more than thirty years.

    (B) A person commits attempted murder in the second degree if the person, while unlawfully and intentionally discharges a firearm or unlawfully and intentionally uses a deadly weapon against a group, crowd, occupied vehicle, building, or other location where one or more persons are reasonably expected to be present, engages in conduct that demonstrates a reckless disregard for human life and that is reasonably likely to cause death or great bodily injury to any person present. A person who is convicted of attempted murder in the second degree is guilty of a felony and must be imprisoned for not less than three years nor more than twenty years.

    (C) The provisions of this act are intended to occupy the field addressed herein. To the extent that any rule, doctrine, or principle of the common law conflicts with the provisions of this act, the common law is hereby abrogated and superseded.

 

SECTION 2.  Section 16-3-600(C) of the S.C. Code is amended to read:

 

    (C)(1) A person commits the offense of assault and battery in the first degree if the person unlawfully:

           (a) injures another person, and the act:

               (i) involves nonconsensual touching of the private parts of a person, either under or above clothing, with lewd and lascivious intent;  or

               (ii) occurred during the commission of a robbery, burglary, kidnapping, or theft;  or

           (b) offers or attempts to injure another person with the present ability to do so, and the act:

               (i) is accomplished by means likely to produce death or great bodily injury;  or

               (ii) occurred during the commission of a robbery, burglary, kidnapping, or theft.

       (2) A person who violates this subsection is guilty of a felony, and, upon conviction, must be imprisoned for not more than ten years.

       (3) Assault and battery in the first degree is a lesser-included offense of 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 3.  This act takes effect upon approval by the Governor.

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