S 0047  General Bill, By Malloy
 A BILL TO AMEND ARTICLE 1, CHAPTER 25, TITLE 17 OF THE 1976 CODE, RELATING TO
 JUDGMENT AND EXECUTION, TO PROVIDE THAT, NOTWITHSTANDING ANY OTHER PROVISION
 OF LAW, A PERSON MUST NOT BE SENTENCED TO DEATH OR A TERM OF IMPRISONMENT FOR
 LIFE WITHOUT THE POSSIBILITY OF PAROLE IF THAT PERSON WAS LESS THAN EIGHTEEN
 YEARS OF AGE AT THE TIME THE OFFENSE WAS COMMITTED.
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   12/12/18  Senate Prefiled
   12/12/18  Senate Referred to Committee on Judiciary
   01/08/19  Senate Introduced and read first time (Senate Journal-page 60)
   01/08/19  Senate Referred to Committee on Judiciary
                     (Senate Journal-page 60)

TO AMEND ARTICLE 1, CHAPTER 25, TITLE 17 OF THE 1976 CODE, RELATING TO JUDGMENT AND EXECUTION, TO PROVIDE THAT, NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A PERSON MUST NOT BE SENTENCED TO DEATH OR A TERM OF IMPRISONMENT FOR LIFE WITHOUT THE POSSIBILITY OF PAROLE IF THAT PERSON WAS LESS THAN EIGHTEEN YEARS OF AGE AT THE TIME THE OFFENSE WAS COMMITTED.

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

SECTION    1.    Article 1, Chapter 25, Title 17 of the 1976 Code is amended by adding:

"Section 17-25-40.    Notwithstanding any other provision of law, a person must not be sentenced to death or a term of imprisonment for life without the possibility of parole if that person was less than eighteen years of age at the time the offense was committed."

SECTION    2.    This act takes effect upon approval by the Governor. This act is retroactive and constitutes sufficient grounds for the reconsideration of sentences imposed as the result of convictions rendered before the effective date of this act.