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Be it resolved by the House of Representatives, the Senate concurring:

That the General Assembly congratulates the Cheraw High School football team, staff, and coaches for a truly outstanding 1993 season and winning the Class AAA state championship.

Be it further resolved that the members of the Cheraw High School football team and its coach are given the privilege of the floor of the House of Representatives at a time to be determined by the Speaker on Thursday, March 17, 1994, for the purpose of being recognized for winning the State AAA Football Championship.

Be it further resolved that a copy of this resolution be forwarded to Head Coach Burney Bourne and Principal Edward H. Shuford, Jr.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

The following was introduced:

H. 4715 -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION CONGRATULATING BETTY A. HENDERSON OF ORANGEBURG COUNTY UPON HER RETIREMENT AS ORANGEBURG COUNTY TAX ASSESSOR AND WISH HER GOOD HEALTH AND MUCH HAPPINESS IN HER RETIREMENT.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

The roll call of the House of Representatives was taken resulting as follows.

Alexander, M.O.  Alexander, T.C.  Allison
Anderson         Askins           Bailey, G.
Bailey, J.       Baker            Barber
Baxley           Beatty           Boan
Breeland         Brown, G.        Brown, H.
Brown, J.        Byrd             Canty
Carnell          Cato             Chamblee
Clyborne         Cobb-Hunter      Cooper
Corning          Cromer           Davenport
Delleney         Elliott          Fair
Farr             Felder           Fulmer
Gamble           Gonzales         Govan
Graham           Hallman          Harrell
Harrelson        Harris, J.       Harris, P.
Harrison         Harvin           Harwell
Haskins          Hines            Hodges
Holt             Houck            Huff
Hutson           Inabinett        Jaskwhich
Jennings         Keegan           Kelley
Kennedy          Keyserling       Kinon
Kirsh            Klauber          Koon
Lanford          Law              Littlejohn
Marchbanks       Martin           Mattos
McAbee           McCraw           McElveen
McKay            McLeod           McMahand
McTeer           Meacham          Moody-Lawrence
Neal             Phillips         Quinn
Rhoad            Richardson       Riser
Robinson         Rudnick          Sheheen
Shissias         Simrill          Smith, D.
Smith, R.        Snow             Spearman
Stille           Stoddard         Stone
Stuart           Thomas           Townsend
Trotter          Tucker           Vaughn
Waites           Waldrop          Walker
Wells            Whipper          White
Wilder, D.       Wilder, J.       Wilkes
Wilkins          Williams         Witherspoon

Wofford          Worley           Wright
Young, A.        Young, R.
STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Wednesday,
February 9.
C. Lenoir Sturkie        Denny W. Neilson
Timothy F. Rogers

The SPEAKER granted Rep. SHARPE a leave of absence for today and tomorrow due to his father's death.

The SPEAKER granted Rep. ROGERS a temporary leave of absence due to appearing in Federal Court in Florence involving the prison overcrowding case.

The SPEAKER granted Rep. SCOTT a leave of absence for today and tomorrow to attend a Housing Conference in Washington.

Rep. HARVIN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, February 8.

Announcement was made that Dr. C. Tucker Weston of Columbia, is the Doctor of the Day for the General Assembly.

Rep. BEATTY moved to adjourn debate upon the following Bill until Tuesday, February 15, which was adopted.

H. 4605 -- Reps. Wells, Allison, Littlejohn, D. Smith, Walker, Lanford and Davenport: A BILL TO PROVIDE THAT THE MEMBERS OF THE SPARTANBURG MEMORIAL AUDITORIUM COMMISSION MUST BE APPOINTED BY THE SPARTANBURG COUNTY COUNCIL PURSUANT TO SECTION 4-9-170 OF THE 1976 CODE.

The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.

H. 4680 -- Rep. White: A BILL TO ESTABLISH THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF JASPER COUNTY AND PROVIDE FOR THE NUMBER AND MANNER OF APPOINTMENT OF ITS MEMBERS, TERMS, FILLING OF VACANCIES, ELECTION OF THE BOARD'S CHAIRMAN, THE CHAIRMAN'S TERM OF OFFICE, AND RELATED MATTERS; TO ABOLISH THE JASPER COUNTY BOARD OF VOTER REGISTRATION AND DEVOLVE ITS FUNCTIONS, DUTIES, AND POWERS UPON THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF JASPER COUNTY; TO ABOLISH THE JASPER COUNTY ELECTION COMMISSION AND DEVOLVE ITS FUNCTIONS, DUTIES, AND POWERS UPON THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF JASPER COUNTY; AND TO PROVIDE FOR THE EXPIRATION OF THE CURRENT TERMS OF OFFICE FOR CERTAIN PERSONS.

H. 3505 -- Rep. Cromer: A BILL TO AMEND SECTIONS 16-9-10, 16-9-20, AND 16-9-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERJURY, SUBORNATION OF PERJURY, SUBORNATION OF PERJURY IN CIVIL ACTIONS, PENALTIES, AND THE ADDITIONAL PERMISSIBLE PUNISHMENT FOR PERJURY OR SUBORNATION OF PERJURY, SO AS TO INCREASE THESE PENALTIES.

H. 3920 -- Rep. Sheheen: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 18, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE FORMALITIES OF AN ACT OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT EITHER HOUSE OF THE GENERAL ASSEMBLY MAY PROVIDE BY RULE FOR THE SECOND READING OF ANY BILL OR JOINT RESOLUTION "VIVA VOCE" OR BY DISTRIBUTION OF PRINTED COPIES TO EACH MEMBER.

H. 4535 -- Reps. Sheheen, Hodges, Wilkins and J. Wilder: A JOINT RESOLUTION TO PROVIDE FOR 1994 ONLY THE DATES FOR FILING OF ALL CANDIDATES SEEKING NOMINATION BY POLITICAL PARTY PRIMARY, POLITICAL PARTY CONVENTION,

H. 3919 -- Rep. Simrill: A BILL TO AMEND SECTION 12-36-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR RETAILERS TO OBTAIN A RETAIL LICENSE BEFORE ENGAGING IN BUSINESS, SO AS TO INCLUDE FESTIVALS AMONG THOSE SPECIAL EVENTS FOR WHICH A RETAILER FILES A SPECIAL EVENTS SALES TAX RETURN AND IS NOT REQUIRED TO HAVE A RETAIL LICENSE AND TO DEFINE "FESTIVAL".

The following Bills were taken up, read the second time, and ordered to a third reading:

H. 4328 -- Reps. D. Wilder and Rudnick: A BILL TO AMEND ACT 768 OF 1973, AS AMENDED, RELATING TO THE GLENN SPRINGS-PAULINE RURAL FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE DEBT AUTHORIZATION FOR THE DISTRICT FROM FIFTY THOUSAND DOLLARS TO TWO HUNDRED FIFTY THOUSAND DOLLARS AND TO PROVIDE THAT THIS INCREASE MAY NOT RESULT IN A FEE OR PROPERTY TAX INCREASE WITHOUT A FAVORABLE VOTE OF THE QUALIFIED

H. 4690 -- Reps. Gamble, Stuart, Wright and Riser: A BILL TO AMEND ACT 1201 OF 1968, AS AMENDED, RELATING TO THE LEXINGTON COUNTY RECREATION COMMISSION, SO AS TO DECREASE FROM FIVE TO FOUR THE TERMS OF A MEMBER OF THE COMMISSION, AND PROVIDE THAT A MEMBER MAY NOT SERVE MORE THAN TWO CONSECUTIVE TERMS; TO PROVIDE THAT ANY MEMBER MAY BE REMOVED BY THE APPOINTING AUTHORITY FOR THE NEGLECT OF DUTY, MISCONDUCT, OR MALFEASANCE IN OFFICE AFTER BEING GIVEN A WRITTEN STATEMENT OF REASONS AND AN OPPORTUNITY TO BE HEARD.

The following Joint Resolution was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

S. 488 -- Senator Rose: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 24, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LAW ENFORCEMENT OFFICIALS, PROSECUTORS, ADMINISTRATIVE OFFICERS, AND THE ATTORNEY GENERAL, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY MAY PROVIDE BY LAW FOR THE AGE AND QUALIFICATIONS OF CORONERS.

The following Bill was taken up.

H. 4140 -- Rep. Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 24-13-100, 24-13-150, AND 24-13-175 SO AS TO PROVIDE FOR ELIGIBILITY FOR WORK RELEASE, EARLY RELEASE, AND COMPENSATION OF TIME; TO AMEND SECTIONS 16-3-20, AS AMENDED, 16-3-625, 16-3-1260, 16-11-311, 16-11-330, AND 16-11-340, RELATING TO VARIOUS CRIMES AND OFFENSES, SO AS TO PROVIDE FOR TRUTH IN SENTENCING, DELETE ELIGIBILITY FOR PAROLE, AND PROVIDE A NAME CHANGE FOR THE BOARD OF PROBATION, PAROLE AND PARDON

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\COUNCIL\LEGIS\AMEND\DKA\3135AL.94).

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. The 1976 Code is amended by adding:

"Section 24-13-100. Notwithstanding another provision of law, no prisoner convicted of an offense against this State and sentenced to the custody of the Department of Corrections, including those prisoners serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-20, is eligible for work release until the prisoner has served not less than:

(1) sixty percent of the sentence imposed if the prisoner is considered `violent' as defined under Section 16-1-60; or

(2) fifty percent of the sentence imposed if the prisoner is considered `nonviolent' as defined under Section 16-1-70.

This section does not apply in cases of emergency prison overcrowding as provided under Chapter 22 of this title."

SECTION 2. The 1976 Code is amended by adding:

"Section 24-13-150. Notwithstanding another provision of law, a prisoner convicted of an offense against this State and sentenced to the custody of the Department of Corrections, including a prisoner serving time in a local facility pursuant to a designated facilities agreement authorized by Section 24-3-20, is not eligible for early release or discharge including, but not limited to, extended work release and community supervision until the prisoner has served:

(1) ninety percent of the sentence imposed if the offender is considered `violent' as defined in Section 16-1-60; or

(2) eighty percent of the sentence imposed if the offender is considered `nonviolent' as defined in Section 16-1-70.

This section does not apply in cases of emergency prison overcrowding as provided in Chapter 22 of this title."

SECTION 3. The 1976 Code is amended by adding:

SECTION 4. Title 24 of the 1976 Code is amended by adding:

Section 24-27-10. (A) There is established the South Carolina Criminal Justice Commission composed of eleven voting members as follows:

(1) a justice of the Supreme Court, appointed by the Chief Justice of the Supreme Court;

(2) one Circuit Court judge, appointed by the Chief Justice of the Supreme Court;

(3) an attorney, experienced in the practice of criminal law, appointed by the Governor from a list of candidates submitted by the President of the South Carolina Bar;

(4) the Dean of the Law School of the University of South Carolina, or his designee;

(5) the South Carolina Attorney General, or his designee;

(6) a solicitor appointed by the Chairman of the South Carolina Circuit Solicitor's Association;

(7) the Director of the Victims' Assistance Network, or his designee;

(8) the Chief of the State Law Enforcement Division, or his designee;

(9) the Chairman of the Commission on Appellate Defense, or his designee who must be a member of that commission or who must be the director of the commission;

(10) the Director of the South Carolina Department of Corrections, or his designee;

(11) the Director of the Department of Probation, Pardon Services, and Community Supervision or his designee.

(B) In addition, there are six nonvoting members of the commission as follows:

(1) three members of the Senate designated by the President Pro Tempore of the Senate;

(2) three members of the House of Representatives designated by the Speaker of the House.

(C) The appointed members of the commission shall serve for a term of four years. The members of the commission who are designated to serve by a particular person or official shall serve at the pleasure of that

(D) The members of the commission shall elect one member to serve as chairman for a term of one year. The members of the commission also may elect additional officers they consider necessary for the efficient discharge of their duties. Members are eligible for reelection as officers of the commission.

Section 24-27-20. The South Carolina Criminal Justice Commission shall:

(1) serve as a clearinghouse and information center for the collection, preparation, analysis, and dissemination of information on state and local sentencing practices, and conduct ongoing research regarding sentencing guidelines, use of imprisonment and alternatives to imprisonment, plea bargaining, and other matters relating to the improvement of the criminal justice system;

(2) make recommendations to the General Assembly regarding changes in the criminal code, criminal procedures, and other aspects of sentencing;

(3) review and issue its opinion on criminal justice bills that have passed either the Senate or the House;

(4) study current sentence and release practices and correctional resources including, but not limited to, the capacities of local and state correctional facilities. It shall make a yearly report on these matters;

(5) employ a staff director, a professional statistician, and other professional and clerical personnel upon the appropriation of sufficient funds of the General Assembly. The professional statistician and other personnel must be hired by the staff director. The duties of the staff director and the other personnel of the commission must be set by the commission.

Section 24-27-30. The commission shall receive the funding as may be provided by the General Assembly, and the commission is authorized to expend federal funds and grants and gifts it may receive from other sources for the purpose of carrying out its duties and responsibilities.

Section 24-27-40. The commission, by vote of a majority of the membership, has the power to establish general policies."

SECTION 5. Section 16-3-20 of the 1976 Code is amended to read:

"Section 16-3-20. (A) A person who is convicted of or pleads guilty to murder must be punished by death, or by imprisonment for life, and is not eligible for parole until the service of twenty years; provided,

(B) Upon conviction or adjudication of guilt of a defendant of murder, the court shall conduct a separate sentencing proceeding to determine whether the defendant should be sentenced to death, or life imprisonment, or imprisonment for not less than thirty years. The proceeding shall must be conducted by the trial judge before the trial jury as soon as practicable after the lapse of twenty-four hours unless waived by the defendant. If trial by jury has been waived by the defendant and the State, or if the defendant pleaded guilty, the sentencing proceeding shall must be conducted before the court. In the sentencing proceeding, the jury or judge shall hear additional evidence in extenuation, mitigation, or aggravation of the punishment. Only such evidence in aggravation as the State has made known to the defendant in writing prior to before the trial shall be is admissible. This section shall must not be construed to authorize the introduction of any evidence secured in violation of the Constitutions of the United States or the State of South Carolina or the applicable laws of either. The State, the defendant, and his counsel shall be are permitted to present arguments for or against the sentence to be imposed. The defendant and his counsel shall have the closing argument regarding the sentence to be imposed.

(C) The judge shall consider, or he shall include in his instructions to the jury for it to consider, any mitigating circumstances otherwise authorized or allowed by law and any of the following statutory aggravating and mitigating circumstances which may be supported by the evidence:

(a) Aggravating circumstances:

(1) The murder was committed while in the commission of the following crimes or acts:

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