Homicide by Child Abuse AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 16-3-85, RELATING TO HOMICIDE BY CHILD ABUSE, SO AS TO INCREASE THE AGE OF A CHILD UNDER THIS SECTION FROM UNDER THE AGE OF ELEVEN TO UNDER THE AGE OF EIGHTEEN. - RATIFIED TITLEView full text View Vote History View Fiscal Impact03/04/25Senate Introduced and read first time (Senate Journal-page 6)03/04/25Senate Referred to Committee on Judiciary (Senate Journal-page 6)03/26/25Senate Committee report: Favorable Judiciary (Senate Journal-page 15)04/01/25Senate Read second time (Senate Journal-page 25)04/01/25Senate Roll call Ayes-45 Nays-0 (Senate Journal-page 25)04/02/25Senate Read third time and sent to House (Senate Journal-page 9)04/03/25House Introduced and read first time (House Journal-page 27)04/03/25House Referred to Committee on Judiciary (House Journal-page 27)02/03/26House Committee report: Favorable with amendment Judiciary (House Journal-page 6)02/05/26House Amended (House Journal-page 25)02/05/26House Read second time (House Journal-page 25)02/05/26House Roll call Yeas-110 Nays-0 (House Journal-page 25)02/05/26House Unanimous consent for third reading on next legislative day (House Journal-page 27)02/06/26House Read third time and returned to Senate with amendments02/11/26Senate Non-concurrence in House amendment (Senate Journal-page 26)03/05/26House House recedes from amendment(s) (House Journal-page 6)03/05/26House Ordered enrolled for ratification (House Journal-page 6)03/05/26 Ratified R 10603/09/26 Signed By Governor03/12/26 Effective date 03/09/2603/12/26 Act No. 101
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Overview
This bill amends South Carolina law to increase the age of a child considered in homicide by child abuse cases from under the age of eleven to under the age of eighteen. Currently, the law addresses homicide resulting from child abuse or neglect where the death occurs due to extreme indifference to life or as a result of aiding and abetting such abuse. This change broadens the scope of the law to include older children in these cases.
Key provisions
- Increases the age of a child considered in homicide by child abuse cases from under 11 to under 18.
- Applies to cases involving child abuse or neglect resulting in death.
- Covers both direct causation (causing the death) and aiding and abetting.
- Defines ‘child abuse or neglect’ to include physical injury, failure to provide adequate necessities, and abandonment.
Who is affected
- Parents and caregivers of children
- Child Protective Services agencies
- Judges and prosecutors
- Individuals accused of child abuse or neglect
- Victims of child abuse or neglect
Notable changes
- Expands the age range of children considered in homicide by child abuse cases.
- Clarifies the definition of ‘child abuse or neglect’ to include a broader range of actions.
- No significant changes to sentencing guidelines are explicitly stated in the text.
Bill text
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