BIL:3819
RTN:353
ACN:278
TYP:General Bill GB
INB:House
IND:20010327
PSP:Delleney
SPO:Delleney, Simrill, McGee, Barfield, Barrett, Davenport, Emory, Hamilton, Kirsh, Littlejohn, Loftis, McCraw, J.M.Neal, Ott, Phillips, F.N.Smith, Snow, Whatley and Witherspoon
DDN:l:\council\bills\skb\18332som01.doc
DPB:20020516
LAD:20020509
GOV:S
DGA:20020528
SUB:Life imprisonment, judge to define term when charging juries in death penalty trial
HST:
BodyDateAction DescriptionComLeg Involved
______
------20020613Act No. A278
------20020528Signed by Governor
------20020522Ratified R353
House20020516Concurred in Senate amendment,
enrolled for ratification
Senate20020514Read third time, returned with
amendment
Senate20020509Amended, read second time
Senate20020508Committee report: Favorable with11 SJ
amendment
Senate20010517Introduced, read first time,11 SJ
referred to Committee
House20010516Read third time, sent to Senate
House20010515Read second time
House20010509Committee report: Favorable25 HJ
House20010327Introduced, read first time,25 HJ
referred to Committee
Versions of This Bill
Revised on 20010509
Revised on 20020508
Revised on 20020509
TXT:
(A278, R353, H3819)
AN ACT TO AMEND SECTION 16320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEEDINGS OF A DEATH PENALTY TRIAL, SO AS TO REVISE THE DEFINITION OF “LIFE IMPRISONMENT” AND PROVIDE THAT, WHEN REQUESTED BY THE STATE OR THE DEFENDANT, THE JUDGE MUST CHARGE THE JURY IN HIS INSTRUCTIONS THAT LIFE IMPRISONMENT MEANS UNTIL THE DEATH OF THE DEFENDANT WITHOUT THE POSSIBILITY OF PAROLE, AND IN CASES WHERE THE DEFENDANT IS ELIGIBLE FOR PAROLE, THE JUDGE MUST CHARGE THE APPLICABLE PAROLE ELIGIBILITY STATUTE.
Be it enacted by the General Assembly of the State of South Carolina:
Proceedings of a death penalty trial
SECTION1.Section 16320(A) of the 1976 Code is amended to read:
“(A) A person who is convicted of or pleads guilty to murder must be punished by death, by imprisonment for life, or by a mandatory minimum term of imprisonment for thirty years. If the State seeks the death penalty and a statutory aggravating circumstance is found beyond a reasonable doubt pursuant to subsections (B) and (C), and a recommendation of death is not made, the trial judge must impose a sentence of life imprisonment. For purposes of this section, ‘life imprisonment’ means until death of the offender without the possibility of parole, and when requested by the State or the defendant, the judge must charge the jury in his instructions that life imprisonment means until the death of the defendant without the possibility of parole. In cases where the defendant is eligible for parole, the judge must charge the applicable parole eligibility statute. No person sentenced to life imprisonment pursuant to this section is eligible for parole, community supervision, or any early release program, nor is the person eligible to receive any work credits, education credits, good conduct credits, or any other credits that would reduce the mandatory life imprisonment required by this section. No person sentenced to a mandatory minimum term of imprisonment for thirty years pursuant to this section is eligible for parole or any early release program, nor is the person eligible to receive any work credits, education credits, good conduct credits, or any other credits that would reduce the mandatory minimum term of imprisonment for thirty years required by this section. Under no circumstances may a female who is pregnant be executed so long as she is pregnant or for a period of at least nine months after she is no longer pregnant. When the Governor commutes a sentence of death to life imprisonment under the provisions of Section 14 of Article IV of the Constitution of South Carolina, 1895, the commutee is not eligible for parole, community supervision, or any early release program, nor is the person eligible to receive any work credits, good conduct credits, education credits, or any other credits that would reduce the mandatory imprisonment required by this subsection.”
Time effective
SECTION2.This act takes effect upon approval by the Governor.
Ratified the 22nd day of May, 2002.
Approved the 28th day of May, 2002.
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