H 3773 Session 111 (1995-1996)
H 3773 General Bill, By T.F. Rogers
Similar(S 41)
A Bill to amend Section 17-25-45, Code of Laws of South Carolina, 1976,
relating to a life sentence for a person convicted three times for certain
crimes and a solicitor's discretion to invoke this sentence, so as to delete
this provision, to provide definitions, to provide the conditions upon which a
person may be imprisoned for life, to provide that a person sentenced pursuant
to this provision must not be considered for or granted early release to
eliminate prison overcrowding, to provide that a presiding judge, law
enforcement agency, the Board of Probation, Parole, and Pardon Services, or a
state or local correction facility in its discretion may provide certain
offenders notice of the sentence that must be imposed upon conviction of a
most serious offense, to provide that the adequacy of the notice is not
subject to judicial review and does not create a liability upon the State or
its subdivisions, and to provide that this provision does not apply if a
mandatory minimum sentence under another provision would exceed a sentence
under this provision.
03/09/95 House Introduced and read first time HJ-2
03/09/95 House Referred to Committee on Judiciary HJ-3
A BILL
TO AMEND SECTION 17-25-45, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO A LIFE SENTENCE FOR A
PERSON CONVICTED THREE TIMES FOR CERTAIN CRIMES
AND A SOLICITOR'S DISCRETION TO INVOKE THIS
SENTENCE, SO AS TO DELETE THIS PROVISION, TO
PROVIDE DEFINITIONS, TO PROVIDE THE CONDITIONS
UPON WHICH A PERSON MAY BE IMPRISONED FOR LIFE,
TO PROVIDE THAT A PERSON SENTENCED PURSUANT TO
THIS PROVISION MUST NOT BE CONSIDERED FOR OR
GRANTED EARLY RELEASE TO ELIMINATE PRISON
OVERCROWDING, TO PROVIDE THAT A PRESIDING JUDGE,
LAW ENFORCEMENT AGENCY, THE BOARD OF
PROBATION, PAROLE, AND PARDON SERVICES, OR A
STATE OR LOCAL CORRECTION FACILITY IN ITS
DISCRETION MAY PROVIDE CERTAIN OFFENDERS NOTICE
OF THE SENTENCE THAT MUST BE IMPOSED UPON
CONVICTION OF A MOST SERIOUS OFFENSE, TO PROVIDE
THAT THE ADEQUACY OF THE NOTICE IS NOT SUBJECT
TO JUDICIAL REVIEW AND DOES NOT CREATE A
LIABILITY UPON THE STATE OR ITS SUBDIVISIONS, AND
TO PROVIDE THAT THIS PROVISION DOES NOT APPLY IF
A MANDATORY MINIMUM SENTENCE UNDER ANOTHER
PROVISION WOULD EXCEED A SENTENCE UNDER THIS
PROVISION.
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 17-15-45. (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.
B. 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.
(A) As used in this section:
(1) `Most serious offense' means:
(a) those felonies enumerated in Section 16-1-90(A);
(b) those felonies enumerated in Section 16-1-60(A) not
referenced in Section 16-1-90(A);
(c) any federal or out-of-state conviction for an offense
which would be classified as a felony offense under subitems (a)
and (b) above.
Most serious offense does not include a conviction or entry of a
plea of guilty or nolo contendere occurring before January 1, 1980,
for the purpose of sentencing under this section.
(2) `Serious offense' means:
(a) an offense within the jurisdiction of General Sessions
Court, except traffic offenses listed in Chapter 5, Title 56, but not
excepting those in Article 23, Chapter 5, Title 56 of the 1976 Code;
(b) any federal or out-of-state conviction for an offense
which would be within the jurisdiction of General Sessions Court
had the charges been brought in the courts of this State, except
traffic offenses listed in Chapter 5, Title 56, but not excepting those
in Article 23, Chapter 5, Title 56 of the 1976 Code.
Serious offense does not include a conviction or entry of a plea
of guilty or nolo contendere occurring before January 1, 1980, for
the purpose of sentencing under this section.
(3) `Two or more prior convictions' means the defendant has
been convicted of or entered a plea of guilty or nolo contendere to
a most serious offense on at least two separate occasions before the
instant adjudication.
(4) `Four or more prior convictions' means the defendant has
been convicted of or entered a plea of guilty or nolo contendere to
a serious offense on at least four separate occasions before the
instant adjudication.
(B) Notwithstanding other provisions of law, except in the case
of where the death penalty is imposed, upon conviction or an entry
of a plea of guilty or nolo contendere for a most serious offense,
the defendant must be imprisoned for life if the defendant has two
or more prior convictions for a most serious offense.
(C) Notwithstanding other provisions of law, except in the case
of where the death penalty is imposed, upon conviction or an entry
of a plea of guilty or nolo contendere for a most serious offense,
the defendant must be imprisoned for life if the defendant has one
prior conviction or entry of a plea of guilty or nolo contendere for a
most serious offense.
(D) Notwithstanding other provisions of law, except in the case
of where the death penalty is imposed, upon conviction or an entry
of a plea of guilty or nolo contendere for a serious offense, the
defendant must be imprisoned for life if the defendant has four or
more prior convictions for a serious offense.
(E) A person sentenced pursuant to this section must not be
considered for or granted early release pursuant to provisions
enacted to ameliorate prison overcrowding.
(F) A presiding judge, law enforcement agency, Board of
Probation, Parole, and Pardon Services, or a state or local
correctional facility may provide offenders convicted of a most
serious offense or a serious offense notice of the sentence which
must be imposed upon subsequent conviction for a most serious or
serious offense. Providing notice is not required and is within the
discretion of the individual and entities referenced. The adequacy
of any notice provided, or the failure to provide notice, is not
subject to judicial review and does not create a liability upon the
State, its agencies or departments, or a state or local political
subdivision or its agents.
(G) The provisions of this section do not apply if the mandatory
minimum sentence for the instant adjudication under other
provisions of the law would exceed the provisions of this
section."
SECTION 2. This act takes effect upon approval by the
Governor.
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