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| (a) the person has served at least thirty years of the sentence imposed pursuant to this section and has reached at least sixty-five years of age; or
(b) the person has served at least twenty years of the sentence imposed pursuant to this section and has reached at least seventy years of age; or
(c) the person is afflicted with a terminal illness where life expectancy is one year or less; or
(d) the person can produce evidence comprising the most extraordinary circumstances./
Amend title to conform.
Senator RICHTER explained the amendment.
Senator RICHTER moved that the amendment be adopted.
The amendment was adopted.
Senator WALDREP desired to be recorded as voting against Amendment No. 10-4A.
Senator BRYAN proposed the following Amendment No. 10-5A (JUD0041.029), which was adopted:
Amend the amendment, as and if amended, page 5, in Section 17-25-45, as contained in SECTION 1, by inserting after the word /solicitor./ an appropriately numbered subsection to read:
/( ) For the purpose of determining a conviction under this section only, where more than one included offense is committed in a single incident of criminal conduct, such multiple offenses must be treated for purposes of this section as one offense./
Amend title to conform.
Senator BRYAN explained the amendment.
The amendment was adopted.
Senator WALDREP desired to be recorded as voting against Amendment No. 10-5A.
Senator PATTERSON proposed the following Amendment No. 10-6A (41R023.KP), which was adopted:
Amend the amendment bearing document 41r015.ler proposed by Senator Richter, as and if amended, page 3, beginning after "44-53-370(e) Trafficking in controlled substances" by striking the remaining subitems through and including "44-53-375(C)(5) Trafficking in ice, crank, or crack cocaine 400 grams or more" and inserting in lieu thereof:
/44-53-375(C) Trafficking in ice, crank, or crack cocaine/
Amend title to conform.
Senator RICHTER explained the amendment.
Senator RICHTER moved that the amendment be adopted.
The amendment was adopted.
Senator WALDREP desired to be recorded as voting against Amendment No. 10-6A.
Senator JACKSON proposed the following Amendment No. 10-8A (41R030.DJ), which was adopted:
Amend the amendment bearing document 41r015.ler proposed by Senator Richter, as and if amended, page 3, by inserting before "16-3-220 Lynching First Degree" the following:
/12-7-2750 Tax evasion/
Amend the amendment bearing document 41r015.ler proposed by Senator Richter, as
and if amended, page 3, by inserting after "16-3-810 Engaging child for
sexual performance" the following:
/16-9-210 through 290 Bribery, corruption of jurors and the like /
Amend the amendment bearing document 41r015.ler proposed by Senator Richter, as
and if amended, page 3, by inserting after "16-11-312(B)
Burgulary Second Degree" the following:
/16-13-210(1) Embezzlement of public funds
16-13-230(B)(3) Breach of trust with fraudulent intent
38-55-540 Insurance fraud/
Amend title to conform.
Senator JACKSON explained the amendment.
The amendment was adopted.
Senator WALDREP desired to be recorded as voting against Amendment No. 10-8A.
On motion of Senator McCONNELL, with unanimous consent, Amendment No. 1 (JUD0041.007), previously carried over and printed in the Journal on March 1, 1995, was withdrawn.
On motion of Senator McCONNELL, with unanimous consent, Amendment No. 2 (JUD0041.008), previously carried over and printed in the Journal of Wednesday, March 1, 1995, was withdrawn.
The question then was the adoption of Amendment No. 10A, as amended.
Senator RICHTER moved that the amendment be adopted.
Amendment No. 10A, as amended, (41R022.ler) was adopted, as follows:
Amend the committee report, as and if amended, by striking all after the enacting words and inserting in lieu thereof the following:
/SECTION 1. Section 17-25-45 of the 1976 Code is amended to read:
"(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 a violent crime as defined in Section 16-1-60 except a crime for which a sentence of death has been imposed shall, upon the third conviction in this State for such crime, be sentenced to life imprisonment without parole.
(A) Notwithstanding any provision of law, except in cases in which the death
penalty is imposed, upon a conviction for a most serious offense as defined by this
section, a person must be sentenced to a term of
(1) a most serious offense;
(2) a federal or out-of-state conviction for an offense that would be classified as a most serious offense under this section; or
(3) any combination of the offenses listed in items (1) and (2) above.
(B) Notwithstanding any provision of law, except in cases in which the death penalty is imposed, upon a conviction for a serious offense as defined by this section, a person must be sentenced to a term of imprisonment for life without the possibility of parole if that person has two or more convictions for:
(1) a serious offense;
(2) a most serious offense;
(3) a federal or out-of-state offense that would be classified as a serious offense or most serious offense under this section; or
(4) any combination of the offenses listed in items (1), (2), and (3) above.
(C) As used in this section:
(1) `Most serious offense' means:
16-1-40 Accessory, for any offense enumerated in this subsection
16-1-80 Attempt, for any offense enumerated in this subsection
16-3-10 Murder
16-3-30 Killing by poison
16-3-40 Killing by stabbing or thrusting
16-3-50 Voluntary manslaughter
16-3-85 Homicide by child abuse
16-3-210 Lynching, first degree
16-3-430 Killing in a duel
16-3-620 Assault and battery with intent to kill
16-3-652 Criminal sexual conduct, First degree
16-3-653 Criminal sexual conduct, Second degree
16-3-655 Criminal sexual conduct with minors
16-3-656 Assault with intent to commit criminal sexual conduct
16-3-910 Kidnapping
16-11-110(A) Arson, First degree
16-11-311 Burglary, First degree
16-11-330 Armed robbery
25-7-30 Giving information respecting national or state defense to foreign contacts during war
25-7-40 Gathering information for an enemy
55-1-30(3) Unlawful removing or damaging of airport facility or equipment when death results
56-5-1030 Interference with traffic-control devices or railroad
(B)(3) signs or signals prohibited when death results from violation
58-17-4090 Obstruction of railroad, death results.
(2) `Serious offense' means:
(a) those felonies enumerated in Section 16-1-90(A) which are not referenced in subsection (C)(1);
(b) those felonies enumerated as follows:
12-7-2750 Tax evasion
16-3-220 Lynching, second degree
16-3-810 Engaging child for sexual performance
16-9-210
through 290 Bribery, corruption of jurors and the like
16-11-312(B) Burglary, Second degree
16-13-210(1) Embezzlement of public funds
16-13-230 Breach of trust with fraudulent intent
(B)(3)
16-13-240(1) Obtaining signature or property by false pretenses
38-55-540 Insurance fraud
44-53-370(e) Trafficking in controlled substances
44-53-375(C) Trafficking in ice, crank, or crack cocaine
44-53-445(B) Distribute, sell, or manufacture, or possess with
(1) & (2) intent to distribute controlled substances within proximity of school
56-5-2945 Causing death by operating vehicle while under influence of drugs or alcohol; and
(c) the offenses enumerated below:
16-1-40 Accessory before the fact for any of the offenses listed in subitems (a) and (b)
16-1-80 Attempt to commit any of the offenses listed in subitems (a) and
(b).
(D) No person sentenced pursuant to this section shall be eligible for early release or discharge in any form, whether by parole, work release, release to ameliorate prison overcrowding, or any other early release program, nor shall they be eligible for earned work credits, education credits, good time credits, and any similar program for early release.
(E) For the purpose of this section only, a person sentenced pursuant to this section may be paroled if:
(1) the Department of Corrections requests the Department of Probation, Parole and Pardon Services to consider the person for parole; and
(2) the Department of Probation, Parole and Pardon Services determines that due to the person's health or age he is no longer a threat to society; and
(a) the person has served at least thirty years of the sentence imposed pursuant to this section and has reached at least sixty-five years of age; or
(b) the person has served at least twenty years of the sentence imposed pursuant to this section and has reached at least seventy years of age; or
(c) the person is afflicted with a terminal illness where life expectancy is one year or less; or
(d) the person can produce evidence comprising the most extraordinary circumstances.
(F) For the purpose of determining a conviction under this section only, where more than one included offense is committed in a single incident of criminal conduct, such multiple offenses must be treated for purposes of this section as one offense.
B. For the purpose of this section only, a conviction is considered a prior conviction only if the date of the commission of the second or subsequent crime occurred subsequent to the imposition of the sentence for that prior offense.
A conviction is 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 is 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 must be determined in a like manner.
(2) The decision to invoke sentencing under subsection (1) shall be in the
discretion of the solicitor."
Amend title to conform.
The question then was the adoption of the amendment proposed by the Committee on Judiciary, as perfected by Amendment No. 10A.
The committee amendment, as perfected, was adopted.
Senator WALDREP desired to be recorded as voting against Amendment No. 10A, as amended.
The question then was the second reading of the Bill.
Senator HAYES argued contra to the second reading of the Bill.
Senator PATTERSON spoke on the Bill.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
Senators HAYES, WALDREP and FORD desired to be recorded as voting against the second reading of the Bill.
I cannot support the Bill because it will provide for life imprisonment without parole for offenses that are not serious enough to warrant such a penalty.
By prior motion of Senator COURTNEY of Thursday, February 9, 1995, the Senate agreed that, when the Senate stands adjourned on Thursdays in statewide session, it stand adjourned to reconvene on Fridays at 11:00 A.M., under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up; and that when the Senate stands adjourned on Fridays, that it stand adjourned to reconvene on Tuesdays at 12:00 Noon.
At 1:15 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule
Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the ACTING PRESIDENT, Senator JACKSON.
The following Joint Resolution was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:
H. 3796 -- Reps. Walker, Davenport, Phillips and Cato: A JOINT RESOLUTION TO PROVIDE THAT, FOR THE 1994-95 SCHOOL YEAR, SCHOOL DISTRICTS ONE AND TWO IN SPARTANBURG COUNTY ARE EXEMPTED FROM THE REQUIREMENT THAT SCHOOL DAYS MISSED MUST BE MADE UP AS A RESULT OF COMPLICATIONS RESULTING FROM A SEVERE WINTER STORM.
(By prior motion of Senator COURTNEY)
At 11:10 A.M., on motion of Senator LANDER, the Senate adjourned to meet next Tuesday, March 28, 1995, at 12:00 Noon.
Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, in busy days perspective is always in order. Hear the Author of the Epistle to the Hebrews, Chapter 1 (verses 10-11) (NRSV):
"In the beginning, Lord, You
founded the earth,
and the heavens are the work of
Your hands;
they will perish, but
You remain;
they will all wear out
like clothing;
like a cloak You will roll
them up, and like clothing
they will be changed.
But You are the same, and
Your years will never end."
Let us pray.
O Lord, the world, and people, are changing before our very eyes. Whether for the better or for the worse we do not yet know.
Our prayer is that in the midst of this change we shall not be confused nor confounded.
Help us to begin our day with the premise: that our trust, in the midst of an ailing planet and world-order, is in an imperishable, all-wise, eternal God who has spoken to us through the prophets of old, and has... in these latter years... spoken to us in Jesus Christ.
We cannot save the world, but help us to be a witness, and an advocate, of a God who can... on His terms!
Amen!
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such
like papers.
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