S 0519 General Bill, By L.E. Richter and M.T. Rose
 A Bill to amend Section 16-3-26, Code of Laws of South Carolina, 1976, so as
 to provide that whenever any person is charged with murder and the death
 penalty is sought, the court, upon determining that such person is unable
 financially to retain adequate legal counsel, shall appoint the public
 defender to represent such person;and to delete provisions relating to the
 appointment of other independent trial counsels to defend such person.

   03/09/93  Senate Introduced and read first time SJ-7
   03/09/93  Senate Referred to Committee on Judiciary SJ-7
   04/29/93  Senate Committee report: Majority favorable with amend.,
                     minority unfavorable Judiciary SJ-6

COMMITTEE REPORT

April 29, 1993

S. 519

S. Printed 4/29/93--S.

Read the first time March 9, 1993.

To whom was referred a Bill (S. 519), to amend Section 16-3-26, Code of Laws of South Carolina, 1976, so as to provide that whenever any person is charged with murder, etc., respectfully

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

Amend the bill, as and if amended, page 2, line 3, in Section 16-3-26(B), as contained in SECTION 1, by striking line 3 in its entirety and inserting therein the following:

/of interest, has less than five years' experience as a licensed attorney, has less than three years' experience in the actual trial of felony cases, or is otherwise disqualified, the/.

Amend title to conform.

Majority favorable. Minority unfavorable.

H. SAMUEL STILWELL THEO W. MITCHELL

For Majority. For Minority.

1. Estimated Cost to State-First Year$-0-

2. Estimated Cost to State-Annually

Thereafter $-0-

Senate Bill 519, if enacted, will amend Section 16-3-26(B) of the South Carolina Code of Laws, 1976, to provide in death penalty and murder cases, when the person charged is unable financially to retain adequate legal counsel, the court shall appoint the public defender. If such public defender has a conflict of interest, or is otherwise disqualified, the court shall appoint a public defender of an adjoining county or any county.

Senate Bill 519 if enacted, does not appear to result in any additional costs to the General Fund.

Prepared By: Approved By:

Scott Barnes George N. Dorn, Jr.

State Budget Analyst State Budget Division

A BILL

TO AMEND SECTION 16-3-26, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT WHENEVER ANY PERSON IS CHARGED WITH MURDER AND THE DEATH PENALTY IS SOUGHT, THE COURT, UPON DETERMINING THAT SUCH PERSON IS UNABLE FINANCIALLY TO RETAIN ADEQUATE LEGAL COUNSEL, SHALL APPOINT THE PUBLIC DEFENDER TO REPRESENT SUCH PERSON; AND TO DELETE PROVISIONS RELATING TO THE APPOINTMENT OF OTHER INDEPENDENT TRIAL COUNSELS TO DEFEND SUCH PERSON.

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

SECTION 1. Section 16-3-26 of the 1976 Code is amended to read:

"Section 16-3-26. (A) Whenever the solicitor seeks the death penalty he shall notify the defense attorney of his intention to seek such penalty at least thirty days prior to the trial of the case. At the request of the defense attorney, the defense attorney shall be excused from all other trial duties ten days prior to the term of court in which the trial is to be held.

(B) Whenever any person is charged with murder and the death penalty is sought, the court, upon determining that such person is unable financially to retain adequate legal counsel, shall appoint two attorneys to defend such person in the trial of the action. One of the attorneys so appointed shall have at least five years' experience as a licensed attorney and at least three years' experience in the actual trial of felony cases, and only one of the attorneys so appointed shall be the Public Defender or a member of his staff the public defender. If such public defender has a conflict of interest, or is otherwise disqualified, the court shall appoint a public defender of an adjoining county or any county. Notwithstanding any other provision of law, the court shall order payment of fees and costs, not to exceed five thousand dollars per trial from funds appropriated for the defense of indigents.

(C) Upon a finding in ex parte proceedings that investigative, expert, or other services are reasonably necessary for the representation of the defendant whether in connection with issues relating to guilt or sentence, the court shall authorize the defendant's attorneys to obtain such services on behalf of the defendant and shall order the payment, from state funds appropriated for the defense of indigents, of fees and expenses for such service not to exceed twenty-five hundred dollars as the court shall deem appropriate. Upon a finding that timely procurement of such services cannot await prior authorization, the court may authorize the provision of and payment for such services nunc pro tunc."

SECTION 2. This act takes effect upon approval by the Governor.