Indicates Matter Stricken

Indicates New Matter

 

Committee Report

February 3, 2026

 

S. 405

 

Introduced by Senators Alexander and Martin

 

S. Printed 2/3/26--H.

Read the first time April 3, 2025

 

________

 

The committee on House Judiciary

To whom was referred a Bill (S. 405) 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, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

 

    Amend the bill, as and if amended, SECTION 1, by striking Section 16-3-85(A)(1) and (2) and inserting:

       (1) causes the death of a child under the age of eleven eighteensixteen 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 eleven eighteensixteen.

Amend the bill further, SECTION 1, Section 16-3-85, by adding a subsection to read:

    (E) A person who violates the provisions of this section and the child is under the age of eighteen and suffers from an intellectual or related disability pursuant to Chapter 20, Title 44, must be punished in accordance with the provisions of this section. 

Renumber sections to conform.

Amend title to conform.

 

W. NEWTON for Committee.

 

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill specifies a person is guilty of homicide by child abuse if he causes the death of a child who is under eighteen years. Currently, homicide by child abuse applies if the child who dies is under age eleven. Homicide by child abuse is classified as a felony. For reference, there were ten dispositions and nine convictions of homicide by child abuse in FY 2023-24.

 

As this is a modification of an existing offense, the bill is not expected to have an impact on the number of general sessions court cases. However, based on responses on similar legislation, the modification may increase the workload of the court system and CID, CPC, Corrections, and PPP. The potential increase in expenses for each agency will depend upon the associated increase in the workload and length of incarcerations. Judicial and CPC anticipate that the potential increase in workload can be managed within existing appropriations. CID and PPP state that the extent of the impact is unknown until the legislation is enacted and implemented. For information, according to Corrections, in FY 2023-24, the annual total cost per inmate was $40,429, $36,553 of which was state funded. Additionally, based on a response on similar legislation, RFA anticipates that this bill will have no expenditure impact for DSS as there is no change to the agency's current operations in these instances.

 

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

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A bill

 

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:

 

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 eleven 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 eleven eighteen.

    (B) For purposes of this section, the following definitions applyAs used in this section:

       (1) "child "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" "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 health care, 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 eleven eighteen, and any mitigating circumstances;  however, a child's crying does not constitute provocation so as to be considered a mitigating circumstance.

 

SECTION 2.  This act takes effect upon approval by the Governor.

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