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Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
March 29, 2000
S. 1007
S. Printed 3/29/00--S. [SEC 3/30/00 6:36 PM]
Read the first time January 11, 2000.
To whom was referred a Bill (S. 1007), to amend Section 16-3-20, Code of Laws of South Carolina, 1976, relating to the death penalty, so as to make the offense of aggravated stalking an aggravating circumstance, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass:
THOMAS L. MOORE, for Committee.
EXPLANATION OF IMPACT:
SC Commission on Prosecution Coordination, SC Office of Appellate Defense, SC Commission on Indigent Defense, SC Department of Corrections
The above agencies forecast a minimal fiscal impact to the General Fund of the State with the passage of the proposed legislation. Such a response indicates that additional costs are projected to be immaterial and are capable of being absorbed within the agencies' existing cost structure.
SC Department of Probation, Parole & Pardon Services
The SC Department of Probation, Parole & Pardon Services forecasts no fiscal impact to the General Fund of the State with the passage of the proposed legislation. Such a response is based on the fact that the bill adds aggravated stalking to the judge's instructions to the jury. Noting this, it will not affect the number of offenders supervised by the agency.
SC Judicial Department:
The Judicial Department states that there is not enough information available to estimate the number of cases that would come before the court should this bill become law. If the number of cases exceeds what their current pool of circuit court judges can absorb, additional judges would be needed. The cost associated with one additional judge and staff (administrative assistant, court reporter and law clerk) is approximately $303,593 for personal services and associated operating expenses and $26,620 of non-recurring cost for automation and furniture. The addition of new judges would also require more courtroom space, an expense borne by county government.
SPECIAL NOTES:
According to SLED's 1998 "Crime in South Carolina" report, there were 299 murder victims during 1998. Of this amount, 21 of the victims were murdered by spouses; 18 by common-law spouses; while, 20 by boy/girlfriends.
Approved By:
Don Addy
Office of State Budget
TO AMEND SECTION 16-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEATH PENALTY, SO AS TO MAKE THE OFFENSE OF AGGRAVATED STALKING AN AGGRAVATING CIRCUMSTANCE TO BE CONSIDERED BY THE COURT OR THE JURY IN DETERMINING IF THE DEATH PENALTY SHOULD BE IMPOSED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-3-20(C) of the 1976 Code is amended to read:
"(C) The judge shall consider, or he shall include in his instructions to the jury for it to consider, mitigating circumstances otherwise authorized or allowed by law and the following statutory aggravating and mitigating circumstances which may be supported by the evidence:
(a)(1) Statutory aggravating circumstances:
(1)(a) The murder was committed while in the commission of the following crimes or acts:
(a)(i) criminal sexual conduct in any degree;
(b)(ii) kidnapping;
(c)(iii) burglary in any degree;
(d)(iv) robbery while armed with a deadly weapon;
(e)(v) larceny with use of a deadly weapon;
(f)(vi) killing by poison;
(g)(vii) drug trafficking as defined in Section 44-53-370(e), 44-53-375(B), 44-53-440, or 44-53-445;
(h)(viii) physical torture; or
(i)(ix) dismemberment of a person. ; or
(x) aggravated stalking as defined in Section 16-3-1700(C).
(2)(b) The murder was committed by a person with a prior conviction for murder.
(3)(c) 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)(d) The offender committed the murder for himself or another for the purpose of receiving money or a thing of monetary value.
(5)(e) 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)(f) The offender caused or directed another to commit murder or committed murder as an agent or employee of another person.
(7)(g) 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)(h) The murder of a family member of an official listed in subitems (5)(e) and (7)(g) 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)(i) Two or more persons were murdered by the defendant by one act or pursuant to one scheme or course of conduct.
(10)(j) The murder of a child eleven years of age or under.
(11)(k) The murder of a witness or potential witness committed at any time during the criminal process for the purpose of impeding or deterring prosecution of any crime.
(b)(2) Mitigating circumstances:
(1)(a) The defendant has no significant history of prior criminal conviction involving the use of violence against another person.
(2)(b) The murder was committed while the defendant was under the influence of mental or emotional disturbance.
(3)(c) The victim was a participant in the defendant's conduct or consented to the act.
(4)(d) The defendant was an accomplice in the murder committed by another person and his participation was relatively minor.
(5)(e) The defendant acted under duress or under the domination of another person.
(6)(f) The capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of law was substantially impaired.
(7)(g) The age or mentality of the defendant at the time of the crime.
(8)(h) The defendant was provoked by the victim into committing the murder.
(9)(i) The defendant was below the age of eighteen at the time of the crime.
(10)(j) 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 must be given in charge and in writing to the jury for its deliberation. The jury, if its verdict 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 a statutory aggravating circumstance or circumstances beyond a reasonable doubt, shall designate in writing, and signed by all members of the jury, the statutory aggravating circumstance or circumstances it found beyond a reasonable doubt. In nonjury cases the judge shall make the designation of the statutory aggravating circumstance or circumstances. Unless at least one of the statutory aggravating circumstances enumerated in this section is found, the death penalty must not be imposed.
Where a statutory aggravating circumstance is found and a recommendation of death is made, the trial judge shall sentence the defendant to death. The trial judge, 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 arbitrary factor. Where a statutory aggravating circumstance is found and a sentence of death is not recommended by the jury, the trial judge 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 a statutory aggravating circumstance or circumstances beyond a reasonable doubt. If the jury does not unanimously find any statutory aggravating circumstances or circumstances beyond a reasonable doubt, it shall not make a sentencing recommendation. Where a statutory aggravating circumstance is not found, the trial judge shall sentence the defendant to either life imprisonment or a mandatory minimum term of imprisonment for thirty years. No person sentenced to life imprisonment or a mandatory minimum term of imprisonment for thirty years under this section is eligible for parole or to receive any work credits, good conduct credits, education credits, or any other credits that would reduce the sentence required by this section. If the jury has found a statutory aggravating circumstance or circumstances beyond a reasonable doubt, the jury shall designate this finding, in writing, signed by all the members of the jury. The jury shall not recommend the death penalty if the vote for such penalty is not unanimous as provided. If 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)."
SECTION 2. This act takes effect upon approval by the Governor.
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