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TO AMEND SECTION 24-3-530 OF THE 1976 CODE, RELATING TO CAPITAL PUNISHMENT, TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS MUST SELECT AN EXECUTION TEAM, THAT MEMBERSHIP ON THE TEAM IS VOLUNTARY, THAT TEAM MEMBERS MUST RECEIVE PROPER TRAINING PRIOR TO PERFORMING AN EXECUTION, AND THAT DEPARTMENT EMPLOYEES THAT REFUSE TO PARTICIPATE ARE PROTECTED FROM RETALIATION FROM THE DIRECTOR, TO AMEND ARTICLE 5, CHAPTER 3, TITLE 24, BY ADDING SECTION 24-3-580, TO PROHIBIT THE DISCLOSURE OF THE IDENTITY OF MEMBERS OF AN EXECUTION TEAM AND TO ALLOW FOR CIVIL PENALTIES FOR A VIOLATION OF THE SECTION, AND BY ADDING SECTION 24-3-590, TO PROHIBIT LICENSING AGENCIES FROM TAKING ANY ACTION TO REVOKE, SUSPEND, OR DENY A LICENSE TO ANY PERSON WHO PARTICIPATES ON AN EXECUTION TEAM.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 24-3-530 of the 1976 Code is amended to read:
"Section 24-3-530. (A)(1) A person convicted of a capital crime and having imposed upon him the sentence of death shall suffer the penalty by electrocution or, at the election of the person, lethal injection under the direction of the Director of the Department of Corrections. The election for death by electrocution or lethal injection must be made in writing fourteen days before the execution date or it is waived. If the person waives the right of election, then the penalty must be administered by lethal injection.
(2) The director must select an execution team to carry out the sentence of death on the convicted person. The members of the execution team must be selected from among people that volunteer to be members of the team. Team members must receive appropriate training prior to participating in an execution. A department employee who declines to participate on the execution team may not be dismissed, suspended from employment, demoted, or have his compensation decreased as a result of his decision.
(B) A person convicted of a capital crime and sentenced to death by electrocution prior to the effective date of this section must be administered death by electrocution unless the person elects death by lethal injection in writing fourteen days before the execution date.
(C) If execution by lethal injection under this section is held to be unconstitutional by an appellate court of competent jurisdiction, then the manner of inflicting a death sentence must be by electrocution.
SECTION 2. Article 5, Chapter 3 of Title 24 of the 1976 Code is amended by adding:
"Section 24-3-580. A person may not knowingly disclose the identity of a current or former member of an execution team or disclose a record that would identify a person as being a current or former member of an execution team. Any person whose identity is disclosed in violation of this section shall have a civil cause of action against the person who is in violation of this section and may recover actual damages and, upon a showing of a willful violation of this section, punitive damages."
SECTION 3. Article 5, Chapter 3 of Title 24 of the 1976 Code is amended by adding:
"Section 24-3-590. No licensing agency, board, commission, or association may file, attempt to file, initiate a proceeding, or take any action to revoke, suspend, or deny a license to any person because that person participated in the execution of a sentence of death on a person convicted of a capital crime as authorized by law or the director."
SECTION 4. This act takes effect upon approval by the Governor.
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