South Carolina Legislature


 

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S*329
Session 118 (2009-2010)


S*0329(Rat #0249, Act #0203 of 2010)  General Bill, By Fair and Campsen
 AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 24-3-580 SO AS TO PROHIBIT THE DISCLOSURE UNDER CERTAIN CIRCUMSTANCES 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 SO AS TO PROHIBIT
 LICENSING AGENCIES FROM TAKING ANY ACTION TO REVOKE, SUSPEND, OR DENY A
 LICENSE TO ANY PERSON SOLELY FOR HIS PARTICIPATION ON AN EXECUTION TEAM. -
 ratified title

   01/28/09  Senate Introduced and read first time SJ-5
   01/28/09  Senate Referred to Committee on Corrections and Penology SJ-5
   03/11/09  Senate Committee report: Favorable Corrections and
                     Penology SJ-15
   03/24/09  Senate Amended SJ-27
   03/24/09  Senate Read second time SJ-27
   03/25/09  Senate Read third time and sent to House SJ-11
   03/26/09  House  Introduced and read first time HJ-9
   03/26/09  House  Referred to Committee on Judiciary HJ-9
   05/12/10  House  Committee report: Favorable Judiciary HJ-9
   05/20/10  House  Amended HJ-20
   05/20/10  House  Debate adjourned until Tuesday, May 25, 2010 HJ-20
   05/25/10  House  Debate adjourned
   05/25/10  House  Debate adjourned HJ-35
   05/25/10  House  Amended HJ-73
   05/25/10  House  Read second time HJ-73
   05/26/10  House  Read third time and returned to Senate with
                     amendments HJ-12
   05/27/10  Senate Concurred in House amendment and enrolled SJ-67
   06/01/10         Ratified R 249
   06/07/10         Signed By Governor
   06/11/10         Effective date 06/07/10
   06/15/10         Act No. 203



S. 329

(A203, R249, S329)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-3-580 SO AS TO PROHIBIT THE DISCLOSURE UNDER CERTAIN CIRCUMSTANCES 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 SO AS TO PROHIBIT LICENSING AGENCIES FROM TAKING ANY ACTION TO REVOKE, SUSPEND, OR DENY A LICENSE TO ANY PERSON SOLELY FOR HIS PARTICIPATION ON AN EXECUTION TEAM.

Be it enacted by the General Assembly of the State of South Carolina:

Disclosure of the name of a member of an execution team

SECTION    1.    Article 5, Chapter 3, 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. However, this information may be disclosed only upon a court order under seal for the proper adjudication of pending litigation. 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 wilful violation of this section, punitive damages."

Denial of a license to a member of an execution team

SECTION    2.    Article 5, Chapter 3, 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 solely 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."

Time effective

SECTION    3.    This act takes effect upon approval by the Governor.

Ratified the 1st day of June, 2010.

Approved the 7th day of June, 2010.

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