Indicates Matter Stricken

Indicates New Matter

 

Committee Report

February 21, 2024

 

S. 947

 

Introduced by Senators Hembree, Senn and McLeod

 

S. Printed 02/21/24--S.

Read the first time January 10, 2024

 

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The committee on Senate Judiciary

To whom was referred a Bill (S. 947) to amend the South Carolina Code of Laws by amending Section 16-3-910, relating to kidnapping, so as to allow sentencing for the crime of kidnapping and other crimes, etc., respectfully

Report:

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

 

LUKE RANKIN for Committee.

 

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill removes the murder sentencing exception from the conviction of kidnapping language. Currently, a person who is found guilty of the felony of kidnapping must be imprisoned for up to thirty years, unless he is sentenced for murder. In some cases, the court has interpreted this to mean a person could not be sentenced for both murder and kidnapping. The removal of this exception would mean that a person simultaneously convicted of both offenses could serve two sentences.

 

This bill neither operationally nor fiscally impacts Judicial, the Commission on Prosecution Coordination, the Commission on Indigent Defense, the Office of Attorney General, or the Department of Social Services.

 

This bill may result in an increase in the number of inmates housed by the Department of Corrections in the limited circumstance where a person is sentenced for both murder and kidnapping. According to Corrections, in FY 2022-23, the annual total cost per inmate was $37,758, of which $34,570 was state funded. If this bill results in a significant increase in incarcerations, Corrections will request an increase in General Fund Appropriations.

 

 

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 16-3-910, RELATING TO KIDNAPPING, SO AS TO ALLOW SENTENCING FOR THE CRIME OF KIDNAPPING AND OTHER CRIMES.

 

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

 

SECTION 1.  Section 16-3-910 of the S.C. Code is amended to read:

 

    Section 16-3-910.  Whoever shallA person who unlawfully seize, confine, inveigle, decoy, kidnap, abduct or carry away seizes, confines, inveigles, decoys, kidnaps, abducts, or carries away any other person by any means whatsoever without authority of law, except when a minor is seized or taken by his parent, is guilty of a felony and, upon conviction, must be imprisoned for a period not to exceed thirty years unless sentenced for murder as provided in Section 16-3-20.

 

SECTION 2.  Nothing contained in this section may be construed to repeal, replace, or preclude application of any other criminal statute.

 

SECTION 3.  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 4.  This act takes effect upon approval by the Governor.

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