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TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO INCLUDE AS A SEPARATE STATUTORY AGGRAVATING CIRCUMSTANCE WHICH MAY BE CONSIDERED IN THE DETERMINATION OF WHETHER THE DEATH PENALTY MAY BE IMPOSED, A MURDER COMMITTED WHILE IN THE COMMISSION OF STALKING OR AGGRAVATED STALKING.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-3-20(C)(a)(1) of the 1976 Code, as last amended by Act 317 of 1996, is further amended to read:
"(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;
(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;
(h) physical torture; or
( i) dismemberment of a person. ; or
( j) stalking or aggravated stalking as defined in Section 16-3-1700."
SECTION 2. This act takes effect upon approval by the Governor. A person arrested, charged, or indicted under the provision of law amended by this act must be tried and sentenced as provided by the law in force at the time of the commission of the offense.
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