S 519 Session 110 (1993-1994)
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
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
April 29, 1993
S. 519
Introduced by SENATORS Richter and Rose
S. Printed 4/29/93--S.
Read the first time March 9, 1993.
THE COMMITTEE ON JUDICIARY
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
REPORT:
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.
STATEMENT OF ESTIMATED FISCAL
IMPACT
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.
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