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2025-2026 Bill 746: Assault and Battery Third Degree, graduated penalties - South Carolina Legislature Online
South Carolina General Assembly
126th Session, 2025-2026
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S. 746
STATUS INFORMATION
General Bill
Sponsors: Senator Ott
Document Path: LC-0176AHB26.docx
Introduced in the Senate on January 13, 2026
Currently residing in the Senate Committee on
Judiciary
Summary: Assault and Battery Third Degree, graduated penalties
HISTORY OF LEGISLATIVE ACTIONS
Date
Body
Action Description with journal page number
12/10/2025
Senate
Prefiled
12/10/2025
Senate
Referred to Committee on
Judiciary
1/13/2026
Senate
Introduced and read first time (
Senate Journal-page 40
)
1/13/2026
Senate
Referred to Committee on
Judiciary
(
Senate Journal-page 40
)
View the latest
legislative information
at the website
VERSIONS OF THIS BILL
12/10/2025
A bill
TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING
SECTION
16-3-600
, RELATING TO ASSAULT AND BATTERY OFFENSES, SO AS TO PROVIDE
FOR GRADUATED PENALTIES FOR PERSONS CONVICTED A SECOND TIME OF ASSAULT AND
BATTERY IN THE THIRD DEGREE IF THE PERSON HAS PRIOR CONVICTIONS FOR ANY ASSAULT
AND BATTERY OFFENSES.
B
e it enacted by the
General Assembly of the State of South Carolina:
S
ECTION 1.
S
ection
16-3-600
(E) of the S.C. Code is amended to
read:
(
E)
(
1) A person commits the offense of
assault and battery in the third degree if the person unlawfully injures
another person, or offers or attempts to injure another person with the present
ability to do so.
(
2)
A person who violates this subsection is guilty of a misdemeanor
,
and, upon conviction, must be fined not more than five
hundred dollars, or imprisoned for not more than thirty days, or both.
(
3) A person who violates the
provisions of this subsection a second time when he has a prior conviction for
any assault and battery offense pursuant to the provisions of this section, is
guilty of a misdemeanor and, upon conviction, must be fined not more seven
hundred fifty dollars or imprisoned not more than sixty days.
(
4) A person who violates the
provisions of this subsection a third or subsequent time when he has a prior
conviction for any assault and battery offense pursuant to the provisions of
this section, is guilty of a misdemeanor and, upon conviction, must be fined
not more one thousand dollars or imprisoned not more than ninety days.
(
5) Notwithstanding Sections
22-3-540
,
22-3-545
, and
22-3-550
, an offense pursuant to the provisions of this
subsection is triable in magistrates court. A prior conviction for purposes of
this subsection is defined as a conviction within five years of the date of
commission of the current offense.
(3)
(
6)
Assault and battery in the third degree is a
lesser-included offense of assault and battery in the second degree, as defined
in subsection (D)(1), assault and battery in the first degree, as defined in
subsection (C)(1), assault and battery of a high and aggravated nature, as
defined in subsection (B)(1), and attempted murder, as defined in Section
16-3-29
.
S
ECTION 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,
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.
S
ECTION 3. This act takes effect upon approval
by the Governor.
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This web page was last updated on January 13, 2026 at 1:09 PM