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S. 997
STATUS INFORMATION
General Bill
Sponsors: Senator Bryant
Document Path: l:\s-jud\bills\bryant\jud0026.klb.doc
Introduced in the Senate on January 10, 2006
Currently residing in the Senate Committee on Judiciary
Summary: Criminal sexual conduct with a minor
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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12/13/2005 Senate Prefiled
12/13/2005 Senate Referred to Committee on Judiciary
1/10/2006 Senate Introduced and read first time SJ-34
1/10/2006 Senate Referred to Committee on Judiciary SJ-34
1/18/2006 Senate Referred to Subcommittee: Hutto (ch), Jackson, Knotts,
Bryant
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 16-3-652, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE, SO AS TO INCREASE THE PENALTY FOR A FIRST OFFENSE OF A VIOLATION OF SECTION 16-3-655, CRIMINAL SEXUAL ASSAULT IN THE FIRST DEGREE WITH A MINOR UNDER THE AGE OF TWELVE, TO TWENTY-FIVE YEARS IMPRISONMENT, NO PART OF WHICH MAY BE SUSPENDED OR PROBATION GRANTED, OR IMPRISONMENT FOR LIFE, AND TO INCREASE THE PENALTY FOR A SECOND OFFENSE OF SECTION 16-3-655, CRIMINAL SEXUAL ASSAULT IN THE FIRST DEGREE WITH A MINOR UNDER THE AGE OF TWELVE, TO DEATH OR IMPRISONMENT FOR LIFE, AND TO INCLUDE STATUTORY AGGRAVATING AND MITIGATING FACTORS TO CONSIDER IN DETERMINING WHAT SENTENCE TO IMPOSE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-3-652 of the 1976 Code is amended to read:
"Section 16-3-652. (1) A person is guilty of criminal sexual conduct in the first degree if the actor engages in sexual battery with the victim and if any one or more of the following circumstances are proven:
(a) The actor uses aggravated force to accomplish sexual battery.
(b) The victim submits to sexual battery by the actor under circumstances where the victim is also the victim of forcible confinement, kidnapping, robbery, extortion, burglary, housebreaking, or any other similar offense or act.
(c) The actor causes the victim, without the victim's consent, to become mentally incapacitated or physically helpless by administering, distributing, dispensing, delivering, or causing to be administered, distributed, dispensed, or delivered a controlled substance, a controlled substance analogue, or any intoxicating substance.
(2) Criminal sexual conduct in the first degree is a felony punishable by imprisonment for not more than thirty years, according to the discretion of the court.
(3) A person convicted of a violation of Section 16-3-655(1) is guilty of a felony and, upon conviction, must be imprisoned for a mandatory minimum of twenty-five years, no part of which may be suspended or probation granted, or must be imprisoned for life. For purposes of this subsection, life means until death.
(4) A person convicted of a second offense of Section 16-3-655(1) must be punished by death or by imprisonment for life. If the State seeks the death penalty and a statutory aggravating circumstance is found beyond a reasonable doubt pursuant to subsections (5) and (6), and a recommendation of death is not made, the trial judge must impose a sentence of life imprisonment. For purposes of this section, 'life imprisonment' means until death of the offender without the possibility of parole, and when requested by the State or the defendant, the judge must charge the jury in his instructions that life imprisonment means until the death of the defendant without the possibility of parole. No person sentenced to life imprisonment pursuant to this subsection is eligible for parole, community supervision, or any early release program, nor is the person eligible to receive any work credits, education credits, good conduct credits, or any other credits that would reduce the mandatory life imprisonment required by this section. Under no circumstances may a female who is pregnant be executed so long as she is pregnant or for a period of at least nine months after she is no longer pregnant. When the Governor commutes a sentence of death to life imprisonment under the provisions of Section 14 of Article IV of the Constitution of South Carolina, 1895, the commutee is not eligible for parole, community supervision, or any early release program, nor is the person eligible to receive any work credits, good conduct credits, education credits, or any other credits that would reduce the mandatory imprisonment required by this subsection.
(5) When the State seeks the death penalty, upon conviction or adjudication of guilt of a defendant of a second offense of Section 16-3-655(1), the court shall conduct a separate sentencing proceeding. In the proceeding, if a statutory aggravating circumstance is found, the defendant must be sentenced to either death or life imprisonment. The proceeding must be conducted by the trial judge before the trial jury as soon as practicable after the lapse of twenty-four hours unless waived by the defendant. If trial by jury has been waived by the defendant and the State, or if the defendant pleaded guilty, the sentencing proceeding must be conducted before the judge. In the sentencing proceeding, the jury or judge shall hear additional evidence in extenuation, mitigation, or aggravation of the punishment. Only such evidence in aggravation as the State has informed the defendant in writing before the trial is admissible. This section must not be construed to authorize the introduction of any evidence secured in violation of the Constitution of the United States or the State of South Carolina or the applicable laws of either. The State, the defendant, and his counsel are permitted to present arguments for or against the sentence to be imposed. The defendant and his counsel shall have the closing argument regarding the sentence to be imposed.
(6) In sentencing a person convicted of a second offense of Section 16-3-655(1), 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) Statutory aggravating circumstances:
(1) The crime 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) drug trafficking as defined in Sections 44-53-370(e), 44-53-375(B), 44-53-440, or 44-53-445;
(g) physical torture; or
(h) dismemberment of a person.
(2) The crime was committed by a person with a prior conviction for murder.
(3) The offender by his act 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) The offender committed the crime for himself or another for the purpose of receiving money or a thing of monetary value.
(5) The offender caused or directed another to commit the crime or committed the crime as an agent or employee of another person.
(6) The crime was committed against two or more persons by the defendant by one act or pursuant to one scheme or course of conduct.
(b) Mitigating circumstances:
(1) The defendant has no significant history of prior criminal convictions involving the use of violence against another person.
(2) The crime was committed while the defendant was under the influence of mental or emotional disturbance.
(3) The defendant was an accomplice in the crime committed by another person and his participation was relatively minor.
(4) The defendant acted under duress or under the domination of another person.
(5) 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.
(6) The age or mentality of the defendant at the time of the crime.
(7) The defendant was below the age of eighteen at the time of the crime.
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 (4). 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 life imprisonment. No person sentenced to life imprisonment 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 a second violation of Section 16-3-655(1), the trial judge shall dismiss such jury and shall sentence the defendant to life imprisonment as provided in subsection (4).
(7) Notwithstanding the provisions of Section 14-7-1020, in cases involving capital punishment a person called as a juror must be examined by the attorney for the defense.
(8) In a criminal action in which a defendant is charged with a crime which may be punishable by death, a person may not be disqualified, excused, or excluded from service as a juror by reason of his beliefs or attitudes against capital punishment unless such beliefs or attitudes would render him unable to return a verdict according to law."
SECTION 2. This act takes effect upon approval by the Governor.
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