2001-2002 Bill 3453: Crimes and Offenses, Violent Crime; Robbery, Lynching, Criminal Sexual

BIL:3453

TYP:General Bill GB

INB:House

IND:20010201

PSP:Knotts

SPO:Knotts

DDN:l:\council\bills\skb\18149som01.doc

RBY:House

COM:Judiciary Committee 25 HJ

SUB:Crimes and Offenses, violent crime; Robbery, Lynching, Criminal sexual conduct, DUI, lewd act upon minor child

HST:

BodyDateAction DescriptionComLeg Involved

______

House20010201Introduced, read first time,25 HJ

referred to Committee

Versions of This Bill

TXT:

A BILL

TO AMEND SECTION 16160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLENT CRIMES SO AS TO INCLUDE CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE, ASSAULT WITH INTENT TO COMMIT CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE, LYNCHING IN THE SECOND DEGREE, COMMON LAW ROBBERY, COMMITTING AND ATTEMPTING TO COMMIT A LEWD ACT UPON A CHILD UNDER THE AGE OF SIXTEEN, AND CAUSING DEATH BY OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS AS VIOLENT CRIMES.

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

SECTION1.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, and third degree (Sections 163652,and 163653, and 163654); criminal sexual conduct with minors, first and second degree (Section 163655); assault with intent to commit criminal sexual conduct, first,and second, and third 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)); lynching in the second degree (Section 163220); common law robbery (Section 1611325); committing and attempting to commit a lewd act upon a child under sixteen (Section 1615140); causing death by operating a motor vehicle while under the influence of alcohol or drugs (Section 5652945(A)(2)); 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.”

SECTION2.All proceedings pending and all rights and liabilities existing, acquired, or accrued at the time this act takes effect are saved. The provisions of this act apply prospectively to crimes and offenses committed on or after the effective date of this act.

SECTION3.This act takes effect upon approval by the Governor.

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