S 0091  General Bill, By Malloy and Shealy
 A BILL TO AMEND ARTICLE 1, CHAPTER 25, TITLE 17 OF THE 1976 CODE, RELATING TO
 CONVICTIONS AND SENTENCES, BY ADDING SECTION 17-25-40, TO PROVIDE THAT A
 PERSON MUST NOT BE SENTENCED TO DEATH OR A TERM OF IMPRISONMENT FOR LIFE
 WITHOUT THE POSSIBILITY OF PAROLE IF THAT PERSON WAS YOUNGER THAN EIGHTEEN
 YEARS OF AGE AT THE TIME THE RELEVANT OFFENSE WAS COMMITTED.

   12/09/20  Senate Prefiled
   12/09/20  Senate Referred to Committee on Judiciary
   01/12/21  Senate Introduced and read first time
                     (Senate Journal-page 168)
   01/12/21  Senate Referred to Committee on Judiciary
                     (Senate Journal-page 168)

TO AMEND ARTICLE 1, CHAPTER 25, TITLE 17 OF THE 1976 CODE, RELATING TO CONVICTIONS AND SENTENCES, BY ADDING SECTION 17-25-40, TO PROVIDE THAT A PERSON MUST NOT BE SENTENCED TO DEATH OR A TERM OF IMPRISONMENT FOR LIFE WITHOUT THE POSSIBILITY OF PAROLE IF THAT PERSON WAS YOUNGER THAN EIGHTEEN YEARS OF AGE AT THE TIME THE RELEVANT 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 younger than eighteen years of age at the time the relevant 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.