S 0041 General Bill, By Courson, Elliott, Giese, Gregory, L.E. Richter, 
M.T. Rose and Wilson

Similar(H 3004, H 3773)
 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.

   09/19/94  Senate Prefiled
   09/19/94  Senate Referred to Committee on Judiciary
   01/10/95  Senate Introduced and read first time SJ-22
   01/10/95  Senate Referred to Committee on Judiciary SJ-22
   01/25/95  Senate Committee report: Majority favorable with amend.,
                     minority unfavorable Judiciary SJ-14
   01/31/95  Senate Committed to Committee on Finance SJ-41
   02/01/95  Senate Recalled from Committee on Finance SJ-3
   02/21/95  Senate Special order SJ-19
   03/08/95  Senate Debate interrupted SJ-25
   03/09/95  Senate Debate interrupted SJ-25
   03/15/95  Senate Debate interrupted SJ-30
   03/22/95  Senate Amended SJ-34
   03/22/95  Senate Debate interrupted SJ-34
   03/23/95  Senate Amended SJ-30
   03/23/95  Senate Read second time SJ-36
   03/23/95  Senate Ordered to third reading with notice of
                     amendments SJ-36
   04/05/95  Senate Amended SJ-16
   04/05/95  Senate Read third time and sent to House SJ-19
   04/06/95  House  Introduced and read first time HJ-38
   04/06/95  House  Referred to Committee on Judiciary HJ-38

AS PASSED BY THE SENATE

April 5, 1995

S. 41

Introduced by SENATORS Courson, Rose, Giese, Gregory, Wilson, Elliott and Richter

S. Printed 4/5/95--S.

Read the first time January 10, 1995.

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.

Amend Title To Conform

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 Section 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.

(A) Notwithstanding any provision of law, except in cases in which the death penalty is imposed, upon a conviction for a most serious offense as defined by this section, a person must be sentenced to a term of imprisonment for life without the possibility of parole if that person has one or more prior convictions for:

(1) a most serious offense;

(2) a federal or out-of-state conviction for an offense that would be classified as a most serious offense under this section; or

(3) any combination of the offenses listed in items (1) and (2) above.

(B) Notwithstanding any provision of law, except in cases in which the death penalty is imposed, upon a conviction for a serious offense as defined by this section, a person must be sentenced to a term of imprisonment for life without the possibility of parole if that person has two or more prior convictions for:

(1) a serious offense;

(2) a most serious offense;

(3) a federal or out-of-state offense that would be classified as a serious offense or most serious offense under this section; or

(4) any combination of the offenses listed in items (1), (2), and (3) above.

(C) As used in this section:

(1) `Most serious offense' means:

16-1-40 Accessory, for any offense enumerated in this item

16-1-80 Attempt, for any offense enumerated in this item

16-3-10 Murder

16-3-30 Killing by poison

16-3-40 Killing by stabbing or thrusting

16-3-50 Voluntary manslaughter

16-3-85(B)(1) Homicide by child abuse

16-3-85(B)(2) Aiding and abetting, homicide by child abuse

16-3-210 Lynching, first degree

16-3-430 Killing in a duel

16-3-620 Assault and battery with intent to kill

16-3-652 Criminal sexual conduct, First degree

16-3-653 Criminal sexual conduct, Second degree

16-3-655 Criminal sexual conduct with minors

16-3-656 Assault with intent to commit criminal sexual conduct, First and Second degree

16-3-910 Kidnapping

16-3-920 Conspiracy to commit kidnapping

16-11-110(A) Arson, First degree

16-11-311 Burglary, First degree

16-11-330(A) Armed robbery

16-11-330(B) Attempted armed robbery

16-11-540 Damaging or destroying building, vehicle or other property by means of explosive incendiary, death results

25-7-30 Giving information respecting national or state defense to foreign contacts during war

25-7-40 Gathering information for an enemy

55-1-30(3) Unlawful removing or damaging of airport facility or equipment when death results

56-5-1030 Interference with traffic-control devices or (B)(3) railroad signs or signals prohibited when death results from violation

58-17-4090 Obstruction of railroad, death results.

(2) `Serious offense' means:

(a) those felonies enumerated in Section 16-1-90(A) which are not referenced in subsection (C)(1);

(b) those felonies enumerated as follows:

12-7-2750 Tax evasion

16-3-220 Lynching, second degree

16-3-810 Engaging child for sexual performance

16-9-210 Giving or offering bribes to officers

16-9-220 Acceptance of bribes by officers

16-9-230 Acceptance of rebates or extra compensation

16-9-260 Corrupting jurors, arbitrators, umpires or referees

16-9-270 Acceptance of bribes by jurors, arbitrators, umpires or referees

16-9-290 Accepting bribes for purpose of procuring public office

16-11-312(B) Burglary, Second degree

16-13-210(1) Embezzlement of public funds

16-13-230 Breach of trust with fraudulent intent

(B)(3)

16-13-240(1) Obtaining signature or property by false pretenses

38-55-540(3) Insurance fraud

44-53-370(e) Trafficking in controlled substances

44-53-375(C) Trafficking in ice, crank, or crack cocaine

44-53-445 Distribute, sell, or manufacture, or possess (B)(1) & (2) with intent to distribute controlled substances within proximity of school

56-5-2945 Causing death by operating vehicle while under influence of drugs or alcohol; and

(c) the offenses enumerated below:

16-1-40 Accessory before the fact for any of the offenses listed in subitems (a) and (b)

16-1-80 Attempt to commit any of the offenses listed in subitems (a) and (b).

(3) `Conviction' means any conviction, guilty plea or plea of nolo contendere.

(D) No person sentenced pursuant to this section shall be eligible for early release or discharge in any form, whether by parole, work release, release to ameliorate prison overcrowding, or any other early release program, nor shall they be eligible for earned work credits, education credits, good time credits, and any similar program for early release.

(E) For the purpose of this section only, a person sentenced pursuant to this section may be paroled if:

(1) the Department of Corrections requests the Department of Probation, Parole and Pardon Services to consider the person for parole; and

(2) the Department of Probation, Parole and Pardon Services determines that due to the person's health or age he is no longer a threat to society; and

(a) the person has served at least thirty years of the sentence imposed pursuant to this section and has reached at least sixty-five years of age; or

(b) the person has served at least twenty years of the sentence imposed pursuant to this section and has reached at least seventy years of age; or

(c) the person is afflicted with a terminal illness where life expectancy is one year or less; or

(d) the person can produce evidence comprising the most extraordinary circumstances.

(F) For the purpose of determining a conviction under this section only, where a person is convicted for multiple offenses which were committed during a single chain of circumstances or a single course of conduct or connected transactions or times so closely connected in point of time that they may be considered as one offense, such multiple convictions must be treated as one conviction.

B. For the purpose of this section only, a conviction is considered a prior conviction only if the date of the commission of the second or subsequent crime occurred subsequent to the imposition of the sentence for that prior offense.

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."

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