South Carolina H 3053: Torts - Apportionment of Fault

Bill Text

2025-2026 Bill 3053 Text of Previous Version (Dec. 06, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3053

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING 
SECTION 16-1-60, RELATING TO OFFENSES DEFINED AS VIOLENT CRIMES, SO AS TO 
INCLUDE THE OFFENSE OF DISCHARGING, OR CAUSING TO BE DISCHARGED, FIREARMS AT OR 
INTO A DWELLING HOUSE, OTHER BUILDING, STRUCTURE, OR ENCLOSURE REGULARLY 
OCCUPIED BY PERSONS.

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

SECTION 1. Section 16-1-60 of the S.C. Code is amended to read:

 Section 
16-1-60. For purposes of definition under South Carolina law, a violent crime 
includes the offenses of: murder (Section 16-3-10); attempted murder (Section 
16-3-29); assault and battery by mob, first degree, resulting in death 
(Section 16-3-210(B)), criminal sexual conduct in the first and second degree 
(Sections 16-3-652 and 16-3-653); criminal sexual conduct with minors, first, 
second, and third degree (Section 16-3-655); assault with intent to commit 
criminal sexual conduct, first and second degree (Section 16-3-656); assault 
and battery with intent to kill (Section 16-3-620); assault and battery of a 
high and aggravated nature (Section 16-3-600(B)); discharging, 
or causing to be discharged, firearms at or into a dwelling house, other 
building, structure, or enclosure regularly occupied by persons (Section 
16-23-440(A)); kidnapping (Section 16-3-910); trafficking in persons 
(Section 16-3-2020); voluntary manslaughter (Section 16-3-50); armed robbery 
(Section 16-11-330(A)); attempted armed robbery (Section 16-11-330(B)); 
carjacking (Section 16-3-1075); drug trafficking as defined in Section 
44-53-370(e) or trafficking cocaine base as defined in Section 44-53-375(C); 
manufacturing or trafficking methamphetamine as defined in Section 44-53-375; 
arson in the first degree (Section 16-11-110(A)); arson in the second degree 
(Section 16-11-110(B)); burglary in the first degree (Section 16-11-311); 
burglary in the second degree (Section 16-11-312(B)); engaging a child for a 
sexual performance (Section 16-3-810); homicide by child abuse (Section 
16-3-85(A)(1)); aiding and abetting homicide by child abuse (Section 
16-3-85(A)(2)); inflicting great bodily injury upon a child (Section 
16-3-95(A)); allowing great bodily injury to be inflicted upon a child (Section 
16-3-95(B)); domestic violence of a high and aggravated nature (Section 
16-25-65); domestic violence in the first degree (Section 16-25-20(B)); abuse 
or neglect of a vulnerable adult resulting in death (Section 43-35-85(F)); 
abuse or neglect of a vulnerable adult resulting in great bodily injury 
(Section 43-35-85(E)); taking of a hostage by an inmate (Section 24-13-450); 
detonating a destructive device upon the capitol grounds resulting in death 
with malice (Section 10-11-325(B)(1)); spousal sexual battery (Section 
16-3-615); producing, directing, or promoting sexual performance by a child 
(Section 16-3-820); sexual exploitation of a minor first degree (Section 
16-15-395); sexual exploitation of a minor second degree (Section 16-15-405); 
promoting prostitution of a minor (Section 16-15-415); participating in 
prostitution of a minor (Section 16-15-425); aggravated voyeurism (Section 
16-17-470(C)); detonating a destructive device resulting in death with malice 
(Section 16-23-720(A)(1)); detonating a destructive device resulting in death 
without malice (Section 16-23-720(A)(2)); boating under the influence 
resulting in death (Section 50-21-113(A)(2)); vessel operator's failure to 
render assistance resulting in death (Section 50-21-130(A)(3)); damaging an 
airport facility or removing equipment resulting in death (Section 
55-1-30(3)); failure to stop when signaled by a law enforcement vehicle 
resulting in death (Section 56-5-750(C)(2)); interference with traffic-control 
devices, railroad signs, or signals resulting in death (Section 
56-5-1030(B)(3)); hit and run resulting in death (Section 56-5-1210(A)(3)); 
felony driving under the influence or felony driving with an unlawful alcohol 
concentration resulting in death (Section 56-5-2945(A)(2)); putting 
destructive or injurious materials on a highway resulting in death (Section 
57-7-20(D)); obstruction of a railroad resulting in death (Section 
58-17-4090); accessory before the fact to commit any of the above offenses 
(Section 16-1-40); and attempt to commit any of the above offenses (Section 
16-1-80). Only those offenses specifically enumerated in this section are 
considered violent offenses.

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, 
dischar