H*3703(Rat #0163, Act #0108 of 1995)  General Bill, By H.M. Hallman, Bailey, 
J.M. Baxley, D.W. Beatty, Boan, G. Brown, H. Brown, B.D. Cain, Carnell, 
C.D. Chamblee, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Easterday, Fair, 
J.G. Felder, Fleming, R.C. Fulmer, Gamble, J.L. Harris, Harrison, B.H. Harwell, 
Haskins, R.J. Herdklotz, J.H. Hodges, H.G. Hutson, Inabinett, M.F. Jaskwhich, 
Jennings, Kirsh, Klauber, Koon, Lanford, Law, L.H. Limbaugh, Limehouse, 
Littlejohn, Lloyd, C.V. Marchbanks, L.M. Martin, Mason, Meacham, Quinn, 
Richardson, Riser, Robinson, Sandifer, Seithel, Sharpe, Simrill, D. Smith, 
R. Smith, Spearman, Stille, E.C. Stoddard, Stuart, Tripp, J.W. Tucker, Vaughn, 
D.C. Waldrop, Walker, C.C. Wells, Whatley, Wilkes, Witherspoon, S.S. Wofford, 
D.A. Wright, W.J. Young and Young-Brickell
 A Bill to amend Section 24-3-530, as amended, Code of Laws of South Carolina,
 1976, relating to capital punishment by electrocution, so as to require
 capital punishment by electrocution or lethal injection under certain
 circumstances.-amended title

   03/01/95  House  Introduced and read first time HJ-4
   03/01/95  House  Referred to Committee on Judiciary HJ-5
   03/29/95  House  Committee report: Favorable with amendment
                     Judiciary HJ-10
   03/30/95  House  Amended HJ-23
   03/30/95  House  Read second time HJ-23
   04/04/95  House  Read third time and sent to Senate HJ-11
   04/05/95  Senate Introduced and read first time SJ-11
   04/05/95  Senate Referred to Committee on Judiciary SJ-11
   05/24/95  Senate Committee report: Favorable Judiciary SJ-24
   05/25/95  Senate Read second time SJ-47
   05/31/95  Senate Amended SJ-140
   05/31/95  Senate Read third time and returned to House with
                     amendments SJ-140
   05/31/95  House  Concurred in Senate amendment and enrolled HJ-154
   06/06/95         Ratified R 163
   06/08/95         Signed By Governor
   06/08/95         Effective date 06/08/95 & applies to all
                     executions administered on & after the effective
                     date of this act, irrespective of the date the
                     sentence was imposed
   08/10/95         Copies available
   08/10/95         Act No. 108

AN ACT TO AMEND SECTION 24-3-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAPITAL PUNISHMENT BY ELECTROCUTION, SO AS TO REQUIRE CAPITAL PUNISHMENT BY ELECTROCUTION OR LETHAL INJECTION UNDER CERTAIN CIRCUMSTANCES.

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

Capital punishment; electrocution or lethal injection

SECTION 1. Section 24-3-530 of the 1976 Code, as last amended by Section 420, Act 181 of 1993, is further amended to read:

"Section 24-3-530. (A) 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.

(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."

Time effective

SECTION 2. This act takes effect upon approval by the Governor and applies to all executions administered on and after the effective date of this act, irrespective of the date the sentence was imposed.

Approved the 8th day of June, 1995.