S 250 Session 111 (1995-1996)
S 0250 General Bill, By Martin, Courson, Courtney, Gregory, Leventis,
L.E. Richter and M.T. Rose
Similar(S 309, H 3097)
A BILL TO AMEND SECTION 16-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO PROVIDE THAT THE SENTENCE FOR
A PERSON CONVICTED OF MURDER MUST BE LIFE IMPRISONMENT WITHOUT ELIGIBILITY FOR
PAROLE WHEN AN AGGRAVATING CIRCUMSTANCE IS FOUND AND WHEN THE IMPOSITION OF
THE DEATH PENALTY IS NOT RECOMMENDED.
10/31/94 Senate Prefiled
10/31/94 Senate Referred to Committee on Judiciary
01/10/95 Senate Introduced and read first time SJ-86
01/10/95 Senate Referred to Committee on Judiciary SJ-86
01/25/95 Senate Committee report: Favorable Judiciary SJ-15
01/10/96 Senate Recommitted to Committee on Judiciary SJ-36
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
January 25, 1995
S. 250
Introduced by SENATORS Martin, Courtney, Courson, Rose,
Gregory, Leventis and Richter
S. Printed 1/25/95--S.
Read the first time January 10, 1995.
THE COMMITTEE ON JUDICIARY
To whom was referred a Bill (S. 250), to amend Section 16-3-20,
Code of Laws of South Carolina, 1976, relating to the punishment
for murder, etc., respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass:
LARRY A. MARTIN, for Committee.
A BILL
TO AMEND SECTION 16-3-20, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE PUNISHMENT FOR
MURDER, SO AS TO PROVIDE THAT THE SENTENCE FOR A
PERSON CONVICTED OF MURDER MUST BE LIFE
IMPRISONMENT WITHOUT ELIGIBILITY FOR PAROLE
WHEN AN AGGRAVATING CIRCUMSTANCE IS FOUND AND
WHEN THE IMPOSITION OF THE DEATH PENALTY IS NOT
RECOMMENDED.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 16-3-20(A) of the 1976 Code is amended
to read:
"(A) A person who is convicted of or pleads guilty to
murder must be punished by death or by imprisonment for life and
is not eligible for parole until the service of twenty years;
provided, however, except that when the State seeks
the death penalty and an aggravating circumstance is specifically
found beyond a reasonable doubt pursuant to subsections (B) and
(C), and a recommendation of death is not made, the court must
impose a sentence of life imprisonment without eligibility for parole
until the service of thirty years. Provided, further, that
under Under no circumstances may a female who is
pregnant with child be executed so long as she is in that condition.
When the Governor commutes a sentence of death under the
provisions of Section 14 of Article IV of the Constitution of
South Carolina, 1895 this State, the commutee is
not eligible for parole. No person sentenced under the provisions of
this subsection may receive any work-release credits, good-time
credits, or any other credit that would reduce the mandatory
imprisonment required by this subsection."
SECTION 2. This act takes effect upon approval by the
Governor.
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