Download This Bill in Microsoft Word format

Bill 4611

                    Current Status

Bill Number:                      4611
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20000215
Primary Sponsor:                  Leach
All Sponsors:                     Leach, Barrett, Campsen, Davenport, 
                                  Easterday, Hamilton, Koon, Loftis, Riser, 
                                  Tripp and Vaughn
Drafted Document Number:          l:\council\bills\psd\7064sd00.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Comprehensive Criminal Procedures and 
                                  Death Penalty Reform Act, Courts, peremptory 
                                  challenges; Murder


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20000215  Introduced, read first time,           25 HJ
                  referred to Committee


              Versions of This Bill

TO ENACT THE "COMPREHENSIVE CRIMINAL PROCEDURES AND DEATH PENALTY REFORM ACT OF 2000" INCLUDING PROVISIONS TO AMEND SECTION 14-7-1110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUMBER OF PEREMPTORY CHALLENGES FOR DEFENDANTS AND THE STATE IN CRIMINAL CASES, SO AS TO EQUALIZE THE NUMBER OF PEREMPTORY CHALLENGES ALLOWED TO DEFENDANTS AND THE STATE; AND TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO INCLUDE AS SEPARATE AGGRAVATING CIRCUMSTANCES, WHICH MAY BE CONSIDERED IN THE DETERMINATION OF WHETHER THE DEATH PENALTY SHOULD BE IMPOSED, A MURDER COMMITTED IN VIOLATION OF A VALID ORDER OF PROTECTION OR VALID RESTRAINING ORDER AND A MURDER COMMITTED AGAINST A HOUSEHOLD MEMBER WHEN THE DEFENDANT HAD AT LEAST ONE PRIOR CONVICTION FOR COMMITTING CERTAIN LISTED OFFENSES AGAINST THE HOUSEHOLD MEMBER VICTIM.

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

SECTION 1. This act is known and may be cited as the "Comprehensive Criminal Procedures and Death Penalty Reform Act of 2000".

SECTION 2. Section 14-7-1110 of the 1976 Code, as last amended by Act 10 of 1987, is further amended to read:

"Section 14-7-1110. Any A person who is arraigned for the crime of murder, manslaughter, burglary, arson, criminal sexual conduct, armed robbery, grand larceny, or breach of trust when it is punishable as for grand larceny, perjury, or forgery is entitled to peremptory challenges not exceeding ten, and the State in these cases is entitled to peremptory challenges not exceeding five ten. Any person who is indicted for any a crime or offense other than those enumerated above has the right to peremptory challenges not exceeding five, and the State in these cases is entitled to peremptory challenges not exceeding five. No right to stand aside jurors is allowed to the State in any case whatsoever. In no case where there is felonies when more than one defendant is jointly tried are no more than twenty peremptory challenges are allowed in all to the defendants, and no more than twenty peremptory challenges are allowed the State in these cases. in In misdemeanors when there is more than one defendant is jointly tried no more than ten peremptory challenges are allowed in all to the defendants and no more than ten peremptory challenges are allowed to the State in these cases. In felonies when there is more than one defendant jointly tried the State has ten challenges."

SECTION 3. Section 16-3-20(C)(a) of the 1976 Code, as last amended by Act 317 of 1996, is further amended by adding appropriately numbered items to read:

( ) The murder was committed in violation of:

(1) a valid order of protection in effect at the time of the murder whether issued:

(a) pursuant to Chapter 4, Title 20, the 'Protection from Domestic Abuse Act', or

(b) pursuant to a similar provision of law of another jurisdiction;

(2) a valid restraining order in effect at the time of the murder related to domestic or family violence issued as part of a decree pursuant to a family court proceeding; or

(3) a restraining order in effect at the time of the murder issued pursuant to Section 16-3-1750 against a person engaged in harassment or stalking. However, a violation of an order of protection issued against both the defendant and the victim does not constitute an aggravating circumstance under this section.

( ) The murder was committed against a victim who was a household member as defined in either Section 20-4-20(b) or Section 16-25-10 and the defendant had at least one prior conviction for committing one of the following offenses against the victim:

(1) assault and battery;

(2) assault and battery of a high and aggravated nature;

(3) assault and battery with intent to kill;

(4) an offense listed in Chapter 25, Title 16, 'Criminal Domestic Violence';

(5) an offense listed in Chapter 3, Title 16, 'Offenses Against the Person'; or

(6) an offense of another jurisdiction similar to one listed in this subitem."

SECTION 4. This act takes effect upon approval by the Governor.

This web page was last updated on Wednesday, December 9, 2009 at 9:29 A.M.