BIL:478
RTN:185
ACN:176
TYP:General Bill GB
INB:Senate
IND:20010322
PSP:McConnell
SPO:McConnell
DDN:l:\s-jud\bills\mcconnell\jud0049.gfm.doc
DPB:20020208
LAD:20010503
GOV:S
DGA:20020305
SUB:Vulnerable adult, abuse or neglect of resulting in death, life imprisonment without parole; Courts, Crimes, Aging
HST:
BodyDateAction DescriptionComLeg Involved
______
------20020311Act No. A176
------20020305Signed by Governor
------20020227Ratified R185
House20020208Read third time, enrolled for
ratification
House20020207Read second time, unanimous consent
for third reading on the next
Legislative day
House20020206Committee report: Favorable25 HJ
House20010509Introduced, read first time,25 HJ
referred to Committee
Senate20010508Read third time, sent to House
Senate20010503Read second time, notice of
general amendments
Senate20010503Committee amendment adopted
Senate20010502Committee report: Favorable with11 SJ
amendment
Senate20010322Introduced, read first time,11 SJ
referred to Committee
Versions of This Bill
Revised on 20010502
Revised on 20010503
Revised on 20020206
TXT:
(A176, R185, S478)
AN ACT TO AMEND SECTION 172545, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION OF A LIFE SENTENCE UPON A PERSON CONVICTED OF CRIMES CLASSIFIED AS MOST SERIOUS OR SERIOUS OFFENSES, SO AS TO ADD ABUSE OR NEGLECT OF A VULNERABLE ADULT THAT RESULTS IN DEATH TO THE LIST OF MOST SERIOUS OFFENSES, AND TO ADD ABUSE OR NEGLECT OF A VULNERABLE ADULT WHICH RESULTS IN GREAT BODILY INJURY TO THE LIST OF SERIOUS OFFENSES; AND TO AMEND SECTION 16-1-60, AS AMENDED, RELATING TO VIOLENT CRIMES, SO AS TO PROVIDE THAT BOTH “NEGLECT OF A VULNERABLE ADULT WHICH RESULTS IN DEATH” AND “ABUSE OR NEGLECT OF A VULNERABLE ADULT WHICH RESULTS IN GREAT BODILY INJURY” ARE VIOLENT CRIMES.
Be it enacted by the General Assembly of the State of South Carolina:
Most serious offenses
SECTION1.Section 172545(C)(1) of the 1976 Code, as last amended by Act 402 of 1998, is further amended to read:
“(1)‘Most serious offense’ means:
16140Accessory, for any offense enumerated in this item
16180Attempt, for any offense enumerated in this item
16310Murder
16330Killing by poison
16340Killing by stabbing or thrusting
16350Voluntary manslaughter
16385(A)(1)Homicide by child abuse
16385(A)(2)Aiding and abetting homicide by child abuse
163210Lynching, First degree
163430Killing in a duel
163620Assault and battery with intent to kill
163652Criminal sexual conduct, First degree
163653Criminal sexual conduct, Second degree
163655Criminal sexual conduct with minors, except where evidence is presented at the criminal proceeding and the court, after the conviction, makes a specific finding on the record that the conviction obtained for this offense resulted from consensual sexual conduct where the victim was younger than the actor, as contained in Section 163655(3)
163656Assault with intent to commit criminal sexual conduct, First and Second degree
163910Kidnapping
163920Conspiracy to commit kidnapping
1631075Carjacking
1611110(A)Arson, First degree
1611311Burglary, First degree
1611330(A)Armed robbery
1611330(B)Attempted armed robbery
1611540Damaging or destroying building, vehicle, or other property by means of explosive incendiary, death results
2413450Taking of a hostage by an inmate
25730Giving information respecting national or state defense to foreign contacts during war
25740Gathering information for an enemy
433585(F)Abuse or neglect of a vulnerable adult resulting in death
55130(3)Unlawful removing or damaging of airport facility or equipment when death results
5651030(B)(3)Interference with traffic control devices or railroad signs or signals prohibited when death results from violation
58174090Obstruction of railroad, death results.”
Serious offenses
SECTION2.Section 172545(C)(2)(c) of the 1976 Code, as last amended by Act 113 of 1997, is further amended to read:
“(c)the offenses enumerated below:
16140Accessory before the fact for any of the offenses listed in subitems (a) and (b)
16180Attempt to commit any of the offenses listed in subitems (a) and (b)
433585(E)Abuse or neglect of a vulnerable adult resulting in great bodily injury.”
Violent crimes
SECTION3. Section 16160 of the 1976 Code, as last amended by Act 261 of 2000, is further amended to read:
“Section 16160.For purposes of definition under South Carolina law, a violent crime includes the offenses of murder (Section 16310); criminal sexual conduct in the first and second degree (Sections 163652 and 163653); criminal sexual conduct with minors, first and second degree (Section 163655); assault with intent to commit criminal sexual conduct, first and second degree (Section 163656); assault and battery with intent to kill (Section 163620); kidnapping (Section 163910); voluntary manslaughter (Section 16350); armed robbery (Section 1611330(A)); attempted armed robbery (Section 1611330(B)); carjacking (Section 1631075); drug trafficking as defined in Sections 4453370(e) and 4453375(C); arson in the first degree (Section 1611110(A)); arson in the second degree (Section 1611110 (B)); burglary in the first degree (Section 1611311); burglary in the second degree (Section 1611312 (B)); engaging a child for a sexual performance (Section 163810); homicide by child abuse (Section 16385(A)(1)); aiding and abetting homicide by child abuse (Section 16385(A)(2)); inflicting great bodily injury upon a child (Section 16395(A)); allowing great bodily injury to be inflicted upon a child (Section 16395(B)); abuse or neglect of a vulnerable adult resulting in death (Section 433585(F)); abuse or neglect of a vulnerable adult resulting in great bodily injury (Section 433585(E)); accessory before the fact to commit any of the above offenses (Section 16140); attempt to commit any of the above offenses (Section 16180); and taking of a hostage by an inmate (Section 2413450). Only those offenses specifically enumerated in this section are considered violent offenses.”
Time effective
SECTION4.This act takes effect upon approval by the Governor.
Ratified the 27th day of February, 2002.
Approved the 5th day of March, 2002.
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