H 3099 General Bill, By Simrill, J.L.M. Cromer, Kelley, Meacham, Richardson, 
Robinson and Walker
 A Bill to amend Section 17-25-45, Code of Laws of South Carolina, 1976,
 relating to life imprisonment for a person convicted three times for certain
 felonies and violent crimes, so as to provide for mandatory life imprisonment
 without parole, to expand the crimes for which life imprisonment may be
 imposed, and to delete a provision which provides that a decision to invoke
 such sentencing is in the discretion of the solicitor.

   12/14/94  House  Prefiled
   12/14/94  House  Referred to Committee on Judiciary
   01/10/95  House  Introduced and read first time HJ-36
   01/10/95  House  Referred to Committee on Judiciary HJ-37

A BILL

TO AMEND SECTION 17-25-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIFE IMPRISONMENT FOR A PERSON CONVICTED THREE TIMES FOR CERTAIN FELONIES AND VIOLENT CRIMES, SO AS TO PROVIDE FOR MANDATORY LIFE IMPRISONMENT WITHOUT PAROLE, TO EXPAND THE CRIMES FOR WHICH LIFE IMPRISONMENT MAY BE IMPOSED, AND TO DELETE A PROVISION WHICH PROVIDES THAT A DECISION TO INVOKE SUCH SENTENCING IS IN THE DISCRETION OF THE SOLICITOR.

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:

"Section 17-25-45. (1)A.(A) Notwithstanding any other provision of law, except in a case in which the death penalty is imposed, any a 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 S 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, is convicted for a third time for one of the offenses enumerated in subsection (B)(1) must be sentenced to life imprisonment without parole.

B.(B) (1) A third conviction for any of the following offenses requires the mandatory life imprisonment:

(a) a felony classified as exempt and listed pursuant to Section 16-1-10(D);

(b) a felony classified as a class A, B, or C felony pursuant to Section 16-1-20(A)(1), (2), and (3) and listed in Section 16-1-90(A), (B), and (C);

(c) a violent crime pursuant to Section 16-1-60;

(d) a federal or state conviction for an offense that would be classified as a felony pursuant to subitems (a), (b), and (c) above.

(2) For the purpose of this section only, 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.

(C) A person sentenced pursuant to this section is not eligible for parole, extended work release pursuant to Section 24-13-610, supervised furlough pursuant to Section 24-13-710, or early release pursuant to Chapter 22 of Title 24."

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