H 4525 Session 110 (1993-1994)
H 4525 General Bill, By J.L.M. Cromer, Allison, Askins, Bailey, J.M. Baxley,
C.D. Chamblee, Davenport, L.L. Elliott, T.L. Farr, Gamble, J.L. Harris,
Harrison, D.N. Holt, W.S. Houck, T.E. Huff, H.G. Hutson, Keegan, Kirsh, Lanford,
Littlejohn, McCraw, McKay, M. McLeod, Meacham, Neilson, Phillips, Riser,
Robinson, J.S. Shissias, R. Smith, Stille, C.H. Stone, Stuart, Vaughn, Walker,
Wilder, J.B. Wilder, Wilkins and Young-Brickell
A Bill to amend Section 17-25-45, Code of Laws of South Carolina, 1976,
relating to a life sentence for a person who has three convictions for certain
crimes, so as to provide for a mandatory sentence of life imprisonment without
parole upon a third conviction of a "most serious offense", to define "most
serious offense", and to provide for the application of this Section.
01/18/94 House Introduced and read first time HJ-4
01/18/94 House Referred to Committee on Judiciary HJ-4
A BILL
TO AMEND SECTION 17-25-45, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO A LIFE SENTENCE FOR A
PERSON WHO HAS THREE CONVICTIONS FOR CERTAIN
CRIMES, SO AS TO PROVIDE FOR A MANDATORY SENTENCE
OF LIFE IMPRISONMENT WITHOUT PAROLE UPON A THIRD
CONVICTION OF A "MOST SERIOUS OFFENSE", TO
DEFINE "MOST SERIOUS OFFENSE", AND TO
PROVIDE FOR THE APPLICATION OF THIS SECTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 17-25-45 of the 1976 Code is amended to read:
"(1)A. Notwithstanding any other provision of law, any
person who has three convictions under the laws of this State, any other
state, or the United States, for a violent crime as defined in S 16-1-60
except a crime for which a sentence of death has been imposed shall,
upon the third conviction in this State for such crime, be sentenced to
life imprisonment without parole.
B. For the purpose of this section only, a conviction is considered
a second conviction only if the date of the commission of the second
crime occurred subsequent to the imposition of the sentence for the first
offense. A conviction is considered a third conviction only if the date of
the commission of the third crime occurred subsequent to the imposition
of the sentence for the second offense. Convictions totaling more than
three must be determined in a like manner.
(2) The decision to invoke sentencing under subsection (1) shall be in
the discretion of the solicitor.
(A) Notwithstanding another provision of law, except in the
case where the death penalty is imposed, upon a conviction of a most
serious offense, the presiding judge must sentence the defendant to a
term of mandatory life imprisonment without parole if that defendant has
two or more prior convictions of a most serious offense.
(B) As used in this section:
(1) `Most serious offense' means:
(a) a felony enumerated in Section 16-1-10(D) or Section
16-1-90(A);
(b) a felony enumerated in Section 16-1-60(A) not referenced
in Section 16-1-10(D) or Section 16-1-90(A);
(c) a federal or out-of-state conviction for an offense that
would be classified as a felony offense under either subitems (b) and (c)
above.
(2) `Two or more prior convictions' means the defendant has been
convicted of an offense, on at least two separate occasions, before the
instant adjudication.
(C) A person sentenced pursuant to this section is not eligible for
parole, extended work release, supervised furlough, or early release
pursuant to Chapter 22 of Title 24.
(D) A presiding judge, law enforcement agency, Board of Probation,
Parole and Pardon Services, or a state or local correctional facility may
provide offenders convicted of a most serious offense notice of the
sentence which must be imposed upon subsequent conviction of a
serious offense. The notice is not required and is within the discretion
of the individual or agency. The adequacy of any notice or the failure
to provide the notice is not subject to judicial review and does not create
liability upon the State, its agencies or departments, or a state or local
political subdivision or its agents."
SECTION 2. This act takes effect upon approval by the Governor.
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