H*3819(Rat #0353, Act #0278 of 2002)  General Bill, By Delleney, Simrill, McGee, 
Barfield, Barrett, Davenport, Emory, Hamilton, Kirsh, Littlejohn, Loftis, 
McCraw, J.M. Neal, Ott, Phillips, F.N. Smith, Snow, Whatley and Witherspoon
 A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE PROCEEDINGS OF A DEATH PENALTY TRIAL, SO AS TO REVISE
 THE DEFINITION OF "LIFE IMPRISONMENT" AND PROVIDE THAT, 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, AND IN CASES WHERE THE DEFENDANT IS ELIGIBLE FOR
 PAROLE, THE JUDGE MUST CHARGE THE APPLICABLE PAROLE ELIGIBILITY
 STATUTE.-amended title

   03/27/01  House  Introduced and read first time HJ-73
   03/27/01  House  Referred to Committee on Judiciary HJ-73
   05/09/01  House  Committee report: Favorable Judiciary HJ-3
   05/15/01  House  Read second time HJ-17
   05/16/01  House  Read third time and sent to Senate HJ-26
   05/17/01  Senate Introduced and read first time SJ-11
   05/17/01  Senate Referred to Committee on Judiciary SJ-11
   05/08/02  Senate Committee report: Favorable with amendment
                     Judiciary SJ-8
   05/09/02  Senate Amended SJ-36
   05/09/02  Senate Read second time SJ-36
   05/14/02  Senate Read third time and returned to House with
                     amendments SJ-49
   05/16/02  House  Concurred in Senate amendment and enrolled HJ-30
   05/22/02         Ratified R 353
   05/28/02         Signed By Governor
   06/13/02         Effective date 5/28/2002
   06/13/02         Copies available
   06/17/02         Act No. 278

AN ACT TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEEDINGS OF A DEATH PENALTY TRIAL, SO AS TO REVISE THE DEFINITION OF "LIFE IMPRISONMENT" AND PROVIDE THAT, 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, AND IN CASES WHERE THE DEFENDANT IS ELIGIBLE FOR PAROLE, THE JUDGE MUST CHARGE THE APPLICABLE PAROLE ELIGIBILITY STATUTE.

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

Proceedings of a death penalty trial

SECTION 1. Section 16-3-20(A) of the 1976 Code is amended to read:

"(A) A person who is convicted of or pleads guilty to murder must be punished by death, by imprisonment for life, or by a mandatory minimum term of imprisonment for thirty years. If the State seeks the death penalty and a statutory aggravating circumstance is found beyond a reasonable doubt pursuant to subsections (B) and (C), 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. In cases where the defendant is eligible for parole, the judge must charge the applicable parole eligibility statute. No person sentenced to life imprisonment pursuant to this section 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. No person sentenced to a mandatory minimum term of imprisonment for thirty years pursuant to this section is eligible for parole 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 minimum term of imprisonment for thirty years 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."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Ratified the 22nd day of May, 2002.

Approved the 28th day of May, 2002.