Bill Text: SC H4461 | 2011-2012 | 119th General Assembly | Introduced
Bill Title: Nonviolent second degree burglary
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-10 - Referred to Committee on Judiciary [H4461 Detail]
Download: South_Carolina-2011-H4461-Introduced.html
A BILL
TO AMEND SECTION 17-25-45, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIST OF OFFENSES DEFINED AS MOST SERIOUS AND SERIOUS FOR PURPOSES OF TWO AND THREE STRIKES FOR REPEAT OFFENDERS, SO AS TO ADD NONVIOLENT BURGLARY IN THE SECOND DEGREE TO THE LIST OF OFFENSES DELINEATED AS A SERIOUS OFFENSE FOR PURPOSES OF THREE STRIKES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 17-25-45(C)(2)(b) of the 1976 Code, as last amended by Act 289 of 2010, is further amended to read:
"(b) those felonies enumerated as follows:
16-3-220 Lynching, Second degree
16-3-210(C) Assault and battery by mob,
Second degree
16-3-600(B) Assault and battery of a high and
aggravated nature
16-3-810 Engaging child for sexual
performance
16-9-220 Acceptance of bribes by officers
16-9-290 Accepting bribes for purpose of
procuring public office
16-11-110(B) Arson, Second degree
16-11-312(A)&(B) Burglary, Second degree
16-11-380(B) Theft of a person using an
automated teller machine
16-13-210(1) Embezzlement of public funds
16-13-230(B)(3) Breach of trust with fraudulent
intent
16-13-240(1) Obtaining signature or property by
false pretenses
38-55-540(3) Insurance fraud
44-53-370(e) Trafficking in controlled
substances
44-53-375(C) Trafficking in ice, crank, or crack
cocaine
44-53-445(B)(1)&(2) Distribute, sell, manufacture, or
possess with intent to distribute
controlled substances within
proximity of school
56-5-2945 Causing death by operating vehicle
while under influence of drugs or
alcohol; and"
SECTION 2. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 3. This act takes effect upon approval by the Governor.