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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