2017-2018 Bill 83: Involuntary Manslaughter - South Carolina Legislature Online

1 South Carolina General Assembly 2 122nd Session, 2017-2018 3 4 S. 83 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Senator Hembree 10 Document Path: l:\s-res\gh\002volu.kmm.gh.docx 11 Companion/Similar bill(s): 3882 12 13 Introduced in the Senate on January 10, 2017 14 Last Amended on March 30, 2017 15 Currently residing in the Senate Committee on Judiciary 16 17 Summary: Involuntary manslaughter 18 19 20 HISTORY OF LEGISLATIVE ACTIONS 21 22 Date Body Action Description with journal page number 23 12/13/2016 Senate Prefiled 24 12/13/2016 Senate Referred to Committee on Judiciary 25 1/10/2017 Senate Introduced and read first time ( Senate Journalpage 52) 26 1/10/2017 Senate Referred to Committee on Judiciary ( Senate Journalpage 52) 27 2/7/2017 Senate Referred to Subcommittee: Hutto (ch), Timmons, Rice 28 3/22/2017 Senate Committee report: Favorable with amendment Judiciary ( Senate Journalpage 6) 29 3/30/2017 Senate Committee Amendment Adopted ( Senate Journalpage 40) 30 1/16/2018 Senate Recommitted to Committee on Judiciary ( Senate Journalpage 4) 31 32 View the latest legislative information at the website 33 34 35 VERSIONS OF THIS BILL 36 37 12/13/2016 38 3/22/2017 39 3/30/2017 40 1 Indicates Matter Stricken 2 Indicates New Matter 3 4 COMMITTEE AMENDMENT ADOPTED 5 March 30, 2017 6 7 S. 83 8 9 Introduced by Senator Hembree 10 11 S. Printed 3/30/17--S. 12 Read the first time January 10, 2017. 13 14 15 16

[83-2] 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND SECTION 16-3-60 OF THE 1976 CODE, 12 RELATING TO INVOLUNTARY MANSLAUGHTER, TO 13 INCLUDE WITHIN THE DEFINITION OF INVOLUNTARY 14 MANSLAUGHTER THE SALE OR DELIVERY OF 15 CONTROLLED SUBSTANCES, THEIR ANALOGUES, OR 16 OTHER UNLAWFUL SUBSTANCES THAT CAUSE THE 17 DEATH OF THE USER WHEN INGESTED, AND TO 18 PROVIDE THAT A PERSON CONVICTED OF 19 INVOLUNTARY MANSLAUGHTER MUST BE IMPRISONED 20 NOT MORE THAN FIFTEEN YEARS. 21 Amend Title To Conform 22 23 Be it enacted by the General Assembly of the State of South 24 Carolina: 25 26 SECTION 1. Section 16360 of the 1976 Code is amended to read: 27 28 “Section 16-3-60. With regard to the crime of involuntary 29 manslaughter, criminal negligence is defined as the reckless 30 disregard of the safety of others. A person charged with the crime 31 of involuntary manslaughter may be convicted only upon a 32 showing of criminal negligence as defined in this section. A person 33 convicted of involuntary manslaughter must be imprisoned not 34 more than five years. Involuntary manslaughter is the death of a 35 person caused by the criminal negligence of another, or the 36 reckless disregard of the safety of others, which may include the 37 unlawful sale or delivery of a controlled substance, controlled 38 substance analogue, or other unlawful substance when the 39 ingestion of such substance caused the death of the user. A person 40 convicted of involuntary manslaughter must be imprisoned not 41 more than five years.” 42

[83] 3 1 SECTION 2. The repeal or amendment by this act of any law, 2 whether temporary or permanent or civil or criminal, does not 3 affect pending actions, rights, duties, or liabilities founded thereon, 4 or alter, discharge, release or extinguish any penalty, forfeiture, or 5 liability incurred under the repealed or amended law, unless the 6 repealed or amended provision shall so expressly provide. After 7 the effective date of this act, all laws repealed or amended by this 8 act must be taken and treated as remaining in full force and effect 9 for the purpose of sustaining any pending or vested right, civil 10 action, special proceeding, criminal prosecution, or appeal existing 11 as of the effective date of this act, and for the enforcement of 12 rights, duties, penalties, forfeitures, and liabilities as they stood 13 under the repealed or amended laws. 14 15 SECTION 3. This act takes effect upon approval by the 16 Governor. 17 XX 18

[83] 4