S 0200 {Rat #56, Act #43 of 2021} General Bill, By Hembree, Martin, Kimbrell, Shealy, 
Gustafson and Turner

Similar(H 3755)
 AN ACT TO AMEND SECTION 24-3-530, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO DEATH BY ELECTROCUTION OR LETHAL INJECTION, SO AS TO PROVIDE THAT
 A PERSON SENTENCED TO DEATH SHALL SUFFER THE PENALTY BY ELECTROCUTION OR BY
 FIRING SQUAD OR LETHAL INJECTION, IF LETHAL INJECTION IS AVAILABLE AT THE TIME
 OF ELECTION, TO PROVIDE THAT AN ELECTION EXPIRES AND MUST BE RENEWED IN
 WRITING IF THE CONVICTED PERSON RECEIVES A STAY OF EXECUTION OR THE EXECUTION
 DATE HAS PASSED, TO PROVIDE THAT A PENALTY MUST BE ADMINISTERED BY
 ELECTROCUTION FOR A PERSON WHO WAIVES HIS RIGHT OF ELECTION, TO PROVIDE THAT
 THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS SHALL DETERMINE AND CERTIFY TO
 THE SUPREME COURT WHETHER THE METHOD SELECTED IS AVAILABLE, AND TO PROVIDE
 THAT THE MANNER OF INFLICTING A DEATH SENTENCE MUST BE ELECTROCUTION, UNLESS
 THE PERSON ELECTS DEATH BY FIRING SQUAD, IF EXECUTION BY LETHAL INJECTION IS
 UNAVAILABLE OR IS HELD TO BE UNCONSTITUTIONAL BY AN APPELLATE COURT OF
 COMPETENT JURISDICTION. - ratified title

   12/09/20  Senate Prefiled
   12/09/20  Senate Referred to Committee on Corrections and Penology
   01/12/21  Senate Introduced and read first time
                     (Senate Journal-page 214)
   01/12/21  Senate Referred to Committee on Corrections and Penology
                     (Senate Journal-page 214)
   02/02/21  Senate Polled out of committee Corrections and Penology
                     (Senate Journal-page 5)
   02/02/21  Senate Committee report: Favorable Corrections and
                     Penology (Senate Journal-page 5)
   02/03/21         Scrivener's error corrected
   03/02/21  Senate Amended (Senate Journal-page 59)
   03/02/21  Senate Read second time (Senate Journal-page 59)
   03/02/21  Senate Roll call Ayes-32  Nays-11 (Senate Journal-page 59)
   03/03/21         Scrivener's error corrected
   03/03/21  Senate Read third time and sent to House
                     (Senate Journal-page 168)
   03/04/21  House  Introduced and read first time (House Journal-page 4)
   03/04/21  House  Referred to Committee on Judiciary
                     (House Journal-page 4)
   04/28/21  House  Committee report: Favorable with amendment
                     Judiciary (House Journal-page 64)
   05/04/21  House  Requests for debate-Rep(s).  Murphy, Gatch,
                     Finlay, Wetmore, Weeks, Rose, Garvin, Teeder,
                     Fry, Hart, S Williams, Hosey, Jefferson,
                     Forrest, Murray, Gilliard, Bamberg, McDaniel,
                     Collins, Henderson-Myeres, Anderson, Ott, Pope,
                     Taylor, Hixon, Dilliard, Robinson, McGarry
                     (House Journal-page 14)
   05/05/21  House  Amended (House Journal-page 35)
   05/05/21  House  Read second time (House Journal-page 35)
   05/05/21  House  Roll call Yeas-66  Nays-43 (House Journal-page 61)
   05/06/21  House  Read third time and sent to Senate
                     (House Journal-page 30)
   05/06/21  House  Roll call Yeas-65  Nays-43 (House Journal-page 31)
   05/12/21  Senate Concurred in House amendment and enrolled
                     (Senate Journal-page 51)
   05/12/21  Senate Roll call Ayes-32  Nays-11 (Senate Journal-page 51)
   05/13/21         Ratified R  56
   05/14/21         Signed By Governor
   06/01/21         Effective date  05/14/21
   06/01/21         Act No.  43

(A43, R56, S200)

AN ACT TO AMEND SECTION 24-3-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEATH BY ELECTROCUTION OR LETHAL INJECTION, SO AS TO PROVIDE THAT A PERSON SENTENCED TO DEATH SHALL SUFFER THE PENALTY BY ELECTROCUTION OR BY FIRING SQUAD OR LETHAL INJECTION, IF LETHAL INJECTION IS AVAILABLE AT THE TIME OF ELECTION, TO PROVIDE THAT AN ELECTION EXPIRES AND MUST BE RENEWED IN WRITING IF THE CONVICTED PERSON RECEIVES A STAY OF EXECUTION OR THE EXECUTION DATE HAS PASSED, TO PROVIDE THAT A PENALTY MUST BE ADMINISTERED BY ELECTROCUTION FOR A PERSON WHO WAIVES HIS RIGHT OF ELECTION, TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS SHALL DETERMINE AND CERTIFY TO THE SUPREME COURT WHETHER THE METHOD SELECTED IS AVAILABLE, AND TO PROVIDE THAT THE MANNER OF INFLICTING A DEATH SENTENCE MUST BE ELECTROCUTION, UNLESS THE PERSON ELECTS DEATH BY FIRING SQUAD, IF EXECUTION BY LETHAL INJECTION IS UNAVAILABLE OR IS HELD TO BE UNCONSTITUTIONAL BY AN APPELLATE COURT OF COMPETENT JURISDICTION.

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

Death penalty, methods of execution

SECTION    1.    Section 24-3-530 of the 1976 Code is 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 convicted person, by firing squad or lethal injection, if it is available at the time of election, under the direction of the Director of the Department of Corrections. The election for death by electrocution, firing squad, or lethal injection must be made in writing fourteen days before each execution date or it is waived. If the convicted person receives a stay of execution or the execution date has passed for any reason, then the election expires and must be renewed in writing fourteen days before a new execution date. If the convicted person waives the right of election, then the penalty must be administered by electrocution.

(B)    Upon receipt of the notice of execution, the Director of the Department of Corrections shall determine and certify by affidavit under penalty of perjury to the Supreme Court whether the methods provided in subsection (A) are available.

(C)    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 firing squad or lethal injection, if it is available, in writing fourteen days before the execution date.

(D)    If execution by lethal injection under this section is determined and certified pursuant to subsection (B) to be unavailable by the Director of the Department of Corrections or is held to be unconstitutional by an appellate court of competent jurisdiction, then the manner of inflicting a death sentence must be by electrocution, unless the convicted person elects death by firing squad.

(E)    The Department of Corrections must provide written notice to a convicted person of his right to election under this section and the available methods.

(F)    The Department of Corrections shall establish protocols and procedures for carrying out executions pursuant to this section."

Severability clause

SECTION    2.    If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

Time effective

SECTION    3.    This act takes effect upon approval by the Governor and applies to persons sentenced to death as provided by law prior to and after the effective date of this act.

Ratified the 13th day of May, 2021.

Approved the 14th day of May, 2021.