South Carolina General Assembly
104th Session, 1981-1982

Bill 2095

                    Current Status

Bill Number:               2095
Ratification Number:       438
Act Number                 358
Introducing Body:          House
Subject:                   Prescribe life sentences for persons
                           convicted three times for any or several
                           designated crimes (Three Strikes Law)
View additional legislative information at the LPITS web site.

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

(A358, R438, H2095)

AN ACT TO PRESCRIBE LIFE SENTENCES FOR PERSONS CONVICTED THREE TIMES FOR ANY OR SEVERAL DESIGNATED CRIMES; TO PROVIDE THAT THE DECISION TO INVOKE LIFE SENTENCING SHALL BE IN THE DISCRETION OF THE SOLICITOR; AND TO REPEAL SECTION 17-25-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUNISHMENT FOR THIRD AND FOURTH CONVICTIONS OF CERTAIN CRIMES.

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

Life sentences for persons convicted three times for certain designated crimes

Section 1. A. Notwithstanding any other provision of law, any person who has three convictions under the laws of this State, any other state, or the United States, for the crimes of voluntary manslaughter, criminal sexual conduct in the first degree, armed robbery, burglary, safecracking, and assault and battery with intent to kill shall, upon such third conviction in this State, be sentenced to life in prison.

B. No part of the sentences prescribed in subsection A shall be suspended but persons sentenced thereunder shall be eligible for parole as provided by law.

C. For the purpose of this act only, a conviction shall be considered a second conviction only if the date of the commission of the second crime occurred subsequent to the imposition of the sentence for the first offense. A conviction shall be considered a third conviction only if the date of the commission of the third crime occurred subsequent to the imposition of the sentence for the second offense. Convictions totaling more than three shall be determined in a like manner.

Decision to invoke sentencing in discretion of solicitor

Section 2. The decision to invoke sentencing under Section 1 shall be in the discretion of the solicitor.

Repeal

Section 3. Section 17-25-40 of the 1976 Code is repealed.

Time effective

Section 4. This act shall take effect upon the approval by the Governor.