| Printed Page 405, Jan. 18 | Printed Page 420, Jan. 18 |

Rep. LITTLEJOHN raised the Point of Order that Amendment No. 15 was out of order as it was not germane.

SPEAKER WILKINS stated that it dealt with the board and the terms of office in the Bill for six years and that it just put a limitation on that and that it was germane and he overruled the Point of Order.

The question then recurred to the adoption of the amendment, which was agreed to.

I did not vote on Amendment 15 to H. 3238 because my mother-in-law
is a member of the Parole Board.

Rep. L. HUNTER LIMBAUGH

Rep. SCOTT proposed the following Amendment No. 17 (Doc Name L:\council\legis\amend\DKA\3577CM.95), which was tabled.

Amend the bill, as and if amended, SECTION 9, by striking Section 16-3-20(C)(a), beginning on line 8 of page 13, and inserting:

/(a) Aggravating circumstances:

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

(a) criminal sexual conduct in any degree;

(b) kidnapping;

(c) burglary in any degree;

(d) robbery while armed with a deadly weapon;

(f) killing by poison;

(g) drug trafficking as defined in Section 44-53-370(e), 44-53-375(B), 44-53-440, or 44-53-445; or

(h) physical torture.

(2) The murder was committed by a person with a prior conviction for murder.

(3) The offender by his act of murder knowingly created a great risk of death to more than one person in a public place by means of a weapon or device which normally would be hazardous to the lives of more than one person.

(4) The offender committed the murder for himself or another for the purpose of receiving money or a thing of monetary value.

(5) The murder of a state or local public official not listed in subitems (6) and (8).

(5)(6) The murder of a judicial officer, former judicial officer, solicitor, former solicitor, or other officer of the court during or because of the exercise of his official duty.

(6)(7) The offender caused or directed another to commit murder or committed murder as an agent or employee of another person.

(7)(8) The murder of a federal, state, or local law enforcement officer, peace officer or former peace officer, corrections employee or former corrections employee, or fireman or former fireman during or because of the performance of his official duties.

(8)(9) The murder of a family member of an official listed in subitems (5), (6), and (7) (8) above with the intent to impede or retaliate against the official. `Family member' means a spouse, parent, brother, sister, child, or person to whom the official stands in the place of a parent, or a person living in the official's household and related to him by blood or marriage.

(9)(10) Two or more persons were murdered by the defendant by one act or pursuant to one scheme or course of conduct.

(10)(11) The murder of a child eleven years of age or under./

Amend title to conform.

Rep. SCOTT explained the amendment.

Rep. HARRISON moved to table the amendment.

Rep. SCOTT demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 83 to 13.

Amend the bill, as and if amended, SECTION 16, page 19, line 31, by deleting /until death/ and inserting /forty years of continuous incarceration for an inmate seventy-one years of age or older/.

Amend title to conform.

Rep. SCOTT explained the amendment.

Rep. A. YOUNG moved to table the amendment, which was agreed to.

Rep. SCOTT proposed the following Amendment No. 20 (Doc Name L:\council\legis\amend\DKA\3594CM.95), which was tabled.

Amend the bill, as and if amended, SECTION 16, page 19, line 31, by deleting /until death/ and inserting /forty years of continuous incarceration for an inmate eighty-five years of age or older/.

Amend title to conform.

Rep. SCOTT explained the amendment.

Rep. A. YOUNG moved to table the amendment.

Rep. SCOTT demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 75 to 17.

Rep. HARRISON proposed the following Amendment No. 21 (Doc Name L:\council\legis\amend\GJK\21259AC.95), which was adopted.

Amend the bill, as and if amended, by deleting SECTION 9 and inserting:

/SECTION 9. Section 16-3-20 of the 1976 Code, as last amended by Act 488 of 1992, is further 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, however, that when or by a mandatory minimum of thirty years. If the State seeks the death penalty and an a statutory aggravating circumstance is specifically found beyond a reasonable doubt pursuant to subsections (B) and (C), and a recommendation of death is not made, the court trial judge must impose a sentence of life imprisonment. without eligibility for parole until the service of thirty years. For purposes of this section, `life' means until death. Provided, further, that Under no circumstances may a female who is pregnant with child be executed so long as she is in that condition pregnant. When the Governor commutes a sentence of death under the

(B) When the State seeks the death penalty, upon conviction or adjudication of guilt of a defendant of murder, the court shall conduct a separate sentencing proceeding. In the proceeding, if a statutory aggravating circumstance is found, the defendant must be sentenced to either death or life imprisonment. If no statutory aggravating circumstance is found, the defendant must be sentenced to either life imprisonment or a mandatory minimum of thirty years. to determine whether the defendant should be sentenced to death or life imprisonment. 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 judge. 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 informed 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) Statutory aggravating circumstances:

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

(a) criminal sexual conduct in any degree;

(b) kidnapping;

(c) burglary in any degree;

(d) robbery while armed with a deadly weapon;

(e) larceny with use of a deadly weapon;

(g) drug trafficking as defined in Section 44-53-370(e), 44-53-375(B), 44-53-440, or 44-53-445; or

(h) physical torture.

(2) The murder was committed by a person with a prior conviction for murder.

(3) The offender by his act of murder knowingly created a great risk of death to more than one person in a public place by means of a weapon or device which normally would be hazardous to the lives of more than one person.

(4) The offender committed the murder for himself or another for the purpose of receiving money or a thing of monetary value.

(5) The murder of a judicial officer, former judicial officer, solicitor, former solicitor, or other officer of the court during or because of the exercise of his official duty.

(6) The offender caused or directed another to commit murder or committed murder as an agent or employee of another person.

(7) The murder of a federal, state, or local law enforcement officer, peace officer or former peace officer, corrections employee or former corrections employee, or fireman or former fireman during or because of the performance of his official duties.

(8) The murder of a family member of an official listed in subitems (5) and (7) above with the intent to impede or retaliate against the official. `Family member' means a spouse, parent, brother, sister, child, or person to whom the official stands in the place of a parent, or a person living in the official's household and related to him by blood or marriage.

(9) Two or more persons were murdered by the defendant by one act or pursuant to one scheme or course of conduct.

(10) The murder of a child eleven years of age or under.

(b) Mitigating circumstances:

(1) The defendant has no significant history of prior criminal conviction involving the use of violence against another person.

(2) The murder was committed while the defendant was under the influence of mental or emotional disturbance.

(3) The victim was a participant in the defendant's conduct or consented to the act.

(4) The defendant was an accomplice in the murder committed by another person and his participation was relatively minor.

(5) The defendant acted under duress or under the domination of another person.

(7) The age or mentality of the defendant at the time of the crime.

(8) The defendant was provoked by the victim into committing the murder.

(9) The defendant was below the age of eighteen at the time of the crime.

(10) The defendant had mental retardation at the time of the crime. `Mental retardation' means significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period.

The statutory instructions as to statutory aggravating and mitigating circumstances shall must be given in charge and in writing to the jury for its deliberation. The jury, if its verdict be is a recommendation of death, shall designate in writing, and signed by all members of the jury, the statutory aggravating circumstance or circumstances which it found beyond a reasonable doubt. The jury, if it does not recommend death, after finding an a statutory aggravating circumstance or circumstances beyond a reasonable doubt, shall designate, in writing, and signed by all members of the jury, designate the statutory aggravating circumstance or circumstances it found beyond a reasonable doubt. In nonjury cases the judge shall make such makes the designation. Unless at least one of the statutory aggravating circumstances enumerated in this section is so found, the death penalty shall must not be imposed.

Where a statutory aggravating circumstance is found and a recommendation of death is made, the court trial judge shall sentence the defendant to death. The trial judge, prior to before imposing the death penalty, shall find as an affirmative fact that the death penalty was warranted under the evidence of the case and was not a result of prejudice, passion, or any other another arbitrary factor. Where a statutory aggravating circumstance is found and a sentence of death is not recommended by the jury, the court trial judge shall sentence the defendant to life imprisonment as provided in subsection (A). In the event that all members of the jury after a reasonable deliberation cannot agree on a recommendation as to whether or not the death sentence should be imposed on a defendant found guilty of murder, the trial judge shall dismiss such jury and shall sentence the defendant to life imprisonment as provided in subsection (A). Before dismissing the jury, the trial judge shall question the jury as to whether or not it found an aggravating circumstance or circumstances beyond a reasonable doubt. If the jury has

(D) Notwithstanding the provisions of Section 14-7-1020, in cases involving capital punishment any a person called as a juror shall must be examined by the attorney for the defense.

(E) In every a criminal action in which a defendant is charged with a crime which may be punishable by death, a person may not be disqualified, excused, or excluded from service as a juror therein by reason of his beliefs or attitudes against capital punishment unless such beliefs or attitudes would render him unable to return a verdict according to law."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. HARRISON explained the amendment.

The amendment was then adopted.

Reps. WILKINS and HARRISON proposed the following Amendment No. 22 (Doc Name L:\council\legis\amend\BBM\9777CM.95), which was adopted.

Amend the bill, as and if amended, by striking SECTION 2, on page 9, beginning on line 4, and inserting:

/SECTION 2. The 1976 Code is amended by adding:

(1) eighty percent of the actual term of imprisonment imposed if the prisoner is convicted of a `violent' crime as defined under Section 16-1-60, irrespective of whether the prisoner is considered a violent offender; or

(2) sixty percent of the actual term of imprisonment imposed if the prisoner is convicted of a crime not listed in Section 16-1-60.

(B) These percentages must be calculated without the application of earned work credits, education credits, and good time credits. These percentages are to be applied to the actual term of imprisonment, not to include the portion of the sentence which has been suspended.

(C) If, during the term of imprisonment, a prisoner commits an offense or violates one of the rules of the institution, all or part of the credit he has earned may be forfeited at the discretion of the Director of the Department of Corrections, if the prisoner is confined in facilities of the department, or in the discretion of the local official having charge of prisoners sentenced to terms of imprisonment at the local level. The decision to withhold credits is solely the responsibility of officials named in this subsection.

(D) This section does not apply to those prisoners serving time in a local correctional facility except those prisoners serving time in a local facility pursuant to a designated facility agreement."/

Amend title to conform.

Rep. HARRISON explained the amendment.

The amendment was then adopted.

Rep. SHEHEEN proposed the following Amendment No. 23 (Doc Name L:\council\legis\amend\DKA\3611CM.95), which was adopted.

Amend title to conform.

Rep. SHEHEEN explained the amendment.

The amendment was then adopted.

Rep. SCOTT proposed the following Amendment No. 26 (Doc Name L:\council\legis\amend\DKA\3600CM.95), which was tabled.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

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

"Section 24-13-155. (A) The Department of Corrections must provide an inmate serving a sentence pursuant to Section 24-13-150(A)(1) opportunities to prepare him to obtain a trade before he may become eligible to participate in a community supervision program.

(B) An inmate subject to the provisions of this section must obtain a GED or high school diploma before he may participate in a community supervision program."/

Renumber sections to conform.

Amend title to conform.

Rep. SCOTT explained the amendment.

Rep. SIMRILL moved to table the amendment.

Rep. SCOTT demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 72 to 21.

Reps. HODGES and MARTIN proposed the following Amendment No. 27, which was adopted.

Amend the bill, as and if amended, to add a new section:

A study committee shall be appointed to study mandatory minimum sentences and alternative sentences for nonviolent offenders and report back to the General Assembly no later than the first day of session, 1996. The committee shall be composed of the following: the S.C. Attorney General or his designee, three appointees of the Speaker of the House of Representatives and three appointees of the President of the S.C. Senate.

Rep. HODGES explained the amendment.

The amendment was then adopted.

Rep. McELVEEN proposed the following Amendment No. 28, which was tabled.

to be added at an appropriate place in the bill:

"When any sentence is designated as being a `mandatory minimum' sentence, the person so sentenced must serve the minimum number of years stated, notwithstanding any other provision of law."

Rep. McELVEEN explained the amendment.

Rep. MARTIN spoke against the amendment and moved to table the amendment.

Rep. McELVEEN demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 71 to 11.

Rep. ROGERS proposed the following Amendment No. 29 (Doc Name L:\council\legis\amend\DKA\3613CM.95), which was adopted.

Amend the bill, as and if amended, SECTION 5, page 10, by inserting after /1996,/ on line 22 /involving a sentence of incarceration for a term in excess of one year/.

Amend further, SECTION 5, page 10, by inserting after /./ on line 24 /A sentence of incarceration for a term of one year or less imposed in General Sessions Court for a crime committed on or after July 1, 1996, may in the discretion of the sentencing judge include a requirement for completion of a community supervision program operated by the Department of Probation and Community Supervision./

Amend title to conform.

Rep. ROGERS explained the amendment.

The amendment was then adopted.

Rep. KOON proposed the following Amendment No. 31, which was tabled.

No inmate should be privileged such as viewing T.V., air conditioning (unless medically necessary), participating in sports events, or any other rewarding experience unless the rewards follow continuing education,

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