The Code Commissioner is authorized to add all crimes and offenses enacted by the General Assembly to Sections 16-1-90 and 16-1-100 of the 1976 Code. However, the crimes and offenses must be added to the appropriate category as established by Section 16-1-20(A). If the term of imprisonment for a crime or offense does not fit into one of the six established felony categories or one of the three established misdemeanor categories, it must be placed on the list of exempt offenses contained in Section 16-1-10(D). The purpose of this provision is to allow the Code Commissioner to place crimes and offenses in the appropriate category as established by the General Assembly without requiring each act which affects crimes and offenses to specifically reference Section 16-1-90 or 16-1-100. The Code Commissioner is prohibited from changing the designation by the General Assembly of any crime or offense from felony to misdemeanor or from misdemeanor to felony and is likewise prohibited from changing the number of years of any sentence set by the General Assembly.
HISTORY: 1993 Act No. 184, Section 265.
Structure South Carolina Code of Laws
Chapter 13 - Code Commissioner And Committee On Statutory Laws
Section 2-13-10. Election, term and compensation of Code Commissioner.
Section 2-13-40. Meetings, pay and expenses of Committee.
Section 2-13-60. Duties of Code Commissioner.
Section 2-13-65. Code Commissioner to delete legislative members from boards and commissions.
Section 2-13-66. Code Commissioner to add crimes to appropriate category.
Section 2-13-70. Position of Code Commissioner as constitutional office; annual report.
Section 2-13-80. Annual cumulative supplements to Code.
Section 2-13-90. Revised Code volumes.
Section 2-13-100. Contracts for annual cumulative supplements.
Section 2-13-140. Access to State papers and documents; assistance of State officers.
Section 2-13-150. Inclusion in Code of matter other than statutory law and Constitution.
Section 2-13-170. Adoption of Code and subsequent amendment.
Section 2-13-175. Catch line heading or caption not part of Code section.
Section 2-13-180. Publication of advance sheets of statutes; page proofs.
Section 2-13-190. Publication of advance sheets; distribution online.
Section 2-13-200. Sale of signatures and disposition of proceeds.
Section 2-13-210. Publication of complete annual Acts and Joint Resolutions.
Section 2-13-240. Distribution of the Code of Laws of South Carolina, 1976.