H 3097 General Bill, By Kirsh, J.M. Baxley, J.L.M. Cromer, Delleney, 
L.L. Elliott, Gamble, Law, Meacham, Phillips, J.S. Shissias, Simrill, Spearman, 
Stille, Stuart and Vaughn

Similar(S 250)
 A Bill to amend Section 16-3-20, as amended, Code of Laws of South Carolina,
 1976, relating to punishment for murder, so as to provide that in cases in
 which an aggravating circumstance is found but the jury does not recommend
 death the person must be sentenced to life imprisonment without parole.

   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-36

A BILL

TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUNISHMENT FOR MURDER, SO AS TO PROVIDE THAT IN CASES IN WHICH AN AGGRAVATING CIRCUMSTANCE IS FOUND BUT THE JURY DOES NOT RECOMMEND DEATH THE PERSON MUST BE SENTENCED TO LIFE IMPRISONMENT WITHOUT PAROLE.

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, 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 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, 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.