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Indicates Matter Stricken
Indicates New Matter
March 11, 2009
S. Printed 3/11/09--S.
Read the first time January 28, 2009.
To whom was referred a Bill (S. 329) to amend Article 5, Chapter 3, Title 24 of the 1976 Code by adding Section 24-3-580, to prohibit the disclosure of the identity of members of an execution team, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass:
MICHAEL L. FAIR for Committee.
TO AMEND ARTICLE 5, CHAPTER 3, TITLE 24 OF THE 1976 CODE 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. 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 2. 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 3. This act takes effect upon approval by the Governor.
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