S 555 Session 111 (1995-1996)
S 0555 General Bill, By McConnell
A Bill to amend Section 16-3-26, as amended, Code of Laws of South Carolina,
1976, relating to notice to a defense attorney of a solicitor's intention to
seek the death penalty, the appointment of attorneys, and the provision of
investigative, expert, and other services for an indigent facing the death
penalty, so as to revise the number of attorneys appointed to defend an
indigent facing the death penalty, and to, except in the case of a conflict,
require the public defender to represent all indigents facing the death
penalty.
02/22/95 Senate Introduced and read first time SJ-5
02/22/95 Senate Referred to Committee on Judiciary SJ-5
A BILL
TO AMEND SECTION 16-3-26, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE
TO A DEFENSE ATTORNEY OF A SOLICITOR'S INTENTION
TO SEEK THE DEATH PENALTY, THE APPOINTMENT OF
ATTORNEYS, AND THE PROVISION OF INVESTIGATIVE,
EXPERT, AND OTHER SERVICES FOR AN INDIGENT
FACING THE DEATH PENALTY, SO AS TO REVISE THE
NUMBER OF ATTORNEYS APPOINTED TO DEFEND AN
INDIGENT FACING THE DEATH PENALTY, AND TO,
EXCEPT IN THE CASE OF A CONFLICT, REQUIRE THE
PUBLIC DEFENDER TO REPRESENT ALL INDIGENTS
FACING THE DEATH PENALTY.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 16-3-26(B) of the 1976 Code, as last
amended by Section 45, Part II, Act 164 of 1993 (and as amended
for fiscal year 1994-95 by paragraph 14.1, Part IB, Act 497 of
1994) is further amended to read:
"(B) Whenever any When a person is
charged with murder and the death penalty is sought, the court,
upon determining that such the person is unable
financially to retain adequate legal counsel, shall appoint two
attorneys one attorney to defend such
the person in the trial of the action. One of The
attorneys so attorney 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. In all cases A case where
no conflict exists, the public defender or member of his staff
shall must be appointed if qualified. If a conflict
exists or neither the Public Defender nor a member of his staff
is qualified, the court shall then turn first to the
appoint a contract public defender attorneys, if
qualified, before turning to the Office of Indigent Defense.
Notwithstanding any other another provision of
law, the court shall order payment of all fees and costs from funds
available to the Office of Indigent Defense for the defense of
indigents. Any An attorney appointed shall
must be compensated at a rate not to exceed fifty dollars an
hour for time expended out of court and seventy-five dollars an
hour for time expended in court. Compensation shall not exceed
twenty-five thousand dollars and shall must be paid
from funds available to the Office of Indigent Defense for the
defense of indigents represented by court-appointed, private
counsel."
SECTION 2. This act takes effect upon approval by the
Governor.
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