Home Invasion Bill Debate Postponed

A Senate panel was set to take up a home invasion bill Tuesday, but the meeting was postponed after floor debate went long.

The bill, which would make home invasion a felony, was submitted before the session began, back in December 2010, and has faced many similar delays.

Right now if someone breaks into a house they can be charged with several crimes, including breaking and entering or burglary, but the bill would make entering someone’s house a specific crime, with a penalty of 20 years to life in prison. Burglary carries sentences of 5 years in prison to life, depending on the degree.

President Pro Tempore Glenn McConnell, R-Charleston, is a sponsor and said the point of defining the crime is to prevent repeat offenders by keeping them in jail longer.

“You aught to be safe in your home. These people we, need to make sure we lock ‘em up and put them away so they can’t break through somebody else’s door. You have the potential of your loved ones getting killed,” McConnell said.

He wants to add that those charged with a second offense should be held with no bond so they can’t break into another home while awaiting trial.

He’s noticed an escalation in the news and said criminals need to realize that a home is someone else’s “castle,” and if someone violates that, the state will treat them the way they treat their victims.

“I think we need to throw as stiff a penalty as we can get away with under the constitution against those who invade your home. That is supposed to be your safest place.”

The more controversial part of the bill says if someone is killed during a home invasion, the killer could get the death penalty.

Right now there are 11 aggravating factors during the crime that allow a convicted murderer to be sentenced to death, including kidnapping, burglary, robbery with a deadly weapon, arson, criminal sexual conduct and torture. Home invasion would make 12. There also other reasons for capital punishment in South Carolina, like multiple murder convictions, killing a law enforcement officer or killing a child who’s 11 years old or younger.

Co-sponsor Sen. Danny Verdin, R-Laurens, said the fact that people are at their greatest expectation of safety and peace in their homes makes it an aggravating circumstance, and hopes the increased severity will be a deterrent.

“It will cause pause for the perpetrator to think ‘I might be risking my very life,’ and not at the hands of the innocent victim who might be ready to defend themselves, it might be at the hands of the state’s public policy,” Verdin said.

The bill will likely face some constitutional criticisms about expanding the death penalty.

The meeting has not been rescheduled yet.