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Current Status Bill Number:View additional legislative information at the LPITS web site.4989 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20020402 Primary Sponsor:G.M. Smith All Sponsors:G.M. Smith Drafted Document Number:l:\council\bills\swb\5087djc02.doc Residing Body:Senate Date of Last Amendment:20020425 Subject:Death penalty, solicitor seeking must give notice of intent to Office of Court Administration; Office to maintain information submitted by solicitors regarding the alleged crime History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20020522 Committee report: Favorable 11 SJ Senate 20020430 Introduced, read first time, 11 SJ referred to Committee ------ 20020429 Scrivener's error corrected House 20020426 Read third time, sent to Senate House 20020425 Read second time, unanimous consent for third reading on the next Legislative day House 20020425 Amended House 20020424 Committee report: Favorable with 25 HJ amendment House 20020402 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill Revised on April 24, 2002 - Word format Revised on April 25, 2002 - Word format Revised on April 29, 2002 - Word format Revised on May 22, 2002 - Word format
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COMMITTEE REPORT
May 22, 2002
H. 4989
S. Printed 5/22/02--S.
Read the first time April 30, 2002.
To whom was referred a Bill (H. 4989) to amend Section 16-3-26, as amended, Code of Laws of South Carolina, 1976, relating to punishment for murder and notice to defense attorneys of a solicitor's intent to seek the death penalty, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass:
ROBERT FORD for Committee.
EXPLANATION OF IMPACT:
The Judicial Department indicates there will be a minimal impact on the General Fund of the State, which can be absorbed by the agency at the current level of funding. There will no fiscal impact on federal and/or other funds.
Approved By:
Don Addy
Office of State Budget
EXPLANATION OF IMPACT:
The Judicial Department indicates there will be a minimal impact on the General Fund of the State, which can be absorbed by the agency at the current level of funding. There will no fiscal impact on federal and/or other funds.
Approved By:
Don Addy
Office of State Budget
TO AMEND SECTION 16-3-26, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUNISHMENT FOR MURDER AND NOTICE TO DEFENSE ATTORNEYS OF A SOLICITOR'S INTENT TO SEEK THE DEATH PENALTY, SO AS TO PROVIDE THAT, WHENEVER NOTICE IS GIVEN TO A DEFENSE ATTORNEY OF THE SOLICITOR'S INTENT TO SEEK THE DEATH PENALTY, THE SOLICITOR MUST ALSO GIVE NOTICE OF INTENT TO SEEK THE DEATH PENALTY TO THE COURT ADMINISTRATOR OF THIS STATE; AND TO AMEND TITLE 14, RELATING TO COURTS, BY ADDING CHAPTER 29 SO AS TO PROVIDE GENERAL PROVISIONS FOR COURT ADMINISTRATION INCLUDING PROVISIONS RELATING TO SOLICITORS PROVIDING NOTICE OF INTENTION TO SEEK THE DEATH PENALTY IN CERTAIN CASES AND THE REPORTING OF CERTAIN STATISTICAL INFORMATION TO THE OFFICE OF THE COURT ADMINISTRATOR RELATING TO CRIME TO ENABLE ACCURATE RECORDKEEPING.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-3-26(A) of the 1976 Code, as last amended by Act 458 of 1996, is further amended to read:
"(A) (1) Whenever the solicitor seeks the death penalty he shall notify the defense attorney of his intention to seek such penalty at least thirty days prior to the trial of the case. At the request of the defense attorney, the defense attorney shall be excused from all other trial duties ten days prior to the term of court in which the trial is to be held.
(2) When a solicitor gives a defense attorney notice of intent to seek the death penalty, he also must provide a copy of the notice of intent to seek the death penalty to the court administrator of this State and to the Commission on Indigent Defense. If not contained in his notice, the solicitor notifying the court administrator of his intent to seek the death penalty in a death penalty case must simultaneously provide the court administrator with the information required by Section 14-29-10."
SECTION 2. Title 14 of the 1976 Code is amended by adding:
Section 14-29-10. (A) When a solicitor gives a defense attorney notice of the solicitor's intent to seek the death penalty as required under Section 16-3-26, the solicitor also must provide a copy of his notice of intent to seek the death penalty to the court administrator of this State.
(B) The solicitor's notice to the court administrator also must include the date notice is made, the alleged crime, the date the alleged crime occurred, the county in which the alleged crime occurred, demographic information about the victim, and the person or persons charged with the crime, including their age, race, sex, and ethnic background.
(C) The court administrator must use data provided by the solicitors to maintain records and statistics regarding the basic information submitted by the solicitors.
(D) The Office of Court Administration must compile, collate, index, and maintain a file of the information required by subsection (B). The file must be available to the general public during the normal business hours of the offices of Court Administration.
(E) Nothing in this section may be construed to prohibit the Office of Court Administration from requiring solicitors to report any information which is required by any other statute to be reported to the office.
(F) If a person desires to question the accuracy or completeness of any information submitted by the solicitor to the Office of Court Administration, he may submit a written request to the Office of Court Administration. The request must include a statement of the alleged inaccuracy or incompleteness, and must specify any proof or corroboration available. Upon receipt of the request, the office must, within sixty days of receipt of a written request for clarification, review its information and forward the results of the review to the person requesting the review.
(G) If the office concurs in the allegations of inaccuracy or incompleteness, it must correct the record, and the office shall inform the individual of its correction of any error in the record under this subdivision within sixty days.
(H) If the office denies the allegations of inaccuracy or incompleteness in the record, the matter may at the option of the applicant be referred for administrative adjudication in accordance with the rules of the local governing body.
(I) For purposes of this section, 'Court Administrator' and 'Office of Court Administration' have the same meaning and may be used interchangeably as the context may require.
(J) Nothing in this section, nor the failure of a solicitor to notify the court administrator of his intent to seek the death penalty or to supply the court administrator with information required by this section, nor the failure of the court administrator or any other person to comply with this section, may be taken or construed to confer a benefit or defense upon a defendant charged with a criminal offense in this State."
SECTION 3. This act takes effect upon approval by the Governor.
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