Current Status Introducing Body:
SenateBill Number: 889Primary Sponsor: CoursonCommittee Number: 06Type of Legislation: GBSubject: Most serious offenseResiding Body: SenateComputer Document Number: 889Introduced Date: 19940111Last History Body: SenateLast History Date: 19940216Last History Type: Referred to CommitteeScope of Legislation: StatewideAll Sponsors: Courson Wilson Giese Rose Lander MescherType of Legislation: General Bill
Bill Body Date Action Description CMN Leg Involved ____ ______ ____________ ______________________________ ___ ____________ 889 Senate 19940216 Referred to Committee 06 889 Senate 19940216 Committee Report: majority 11 favorable, with amendment, minority unfavorable 889 Senate 19940111 Introduced, read first time, 11 referred to Committee 889 Senate 19931108 Prefiled, referred to 11 CommitteeView additional legislative information at the LPITS web site.
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.
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.
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) Notwithstanding any provision of law, except in the case where the death penalty is imposed, upon a conviction of a most serious offense, the presiding judge must sentence the defendant to a term of imprisonment for life without the possibility of parole if that defendant has two or more prior convictions of a most serious offense.
(B) As used in this section:
(1) `Most serious offense' means:
(a) those felonies enumerated in Section 16-1-10(D) and Section 16-1-90(A);
(b) those felonies enumerated in Section 16-1-60(A) not referenced in Sections 16-1-10(D) and 16-1-90(A); and
(c) any federal or out-of-state conviction for an offense that would be classified as a felony offense under either subitems (b) and (c) above.
(2) `Two or more prior convictions' means the defendant has been convicted of a most serious offense, on at least two separate occasions, prior to the instant adjudication.
(C) No person sentenced pursuant to this section shall be considered or granted early release pursuant to the provisions enacted to ameliorate prison overcrowding.
(D) 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 notice of the sentence which must be imposed upon subsequent conviction of a serious offense. Providing such notice is in no way required and is within the discretion of the individual and entities referenced. The adequacy of any notice provided, or the failure to provide such notice, shall not be subject to judicial review and shall not create any liability upon the State, its agencies or departments, or any state or local political subdivisions or its agents."
SECTION 2. This act takes effect upon approval by the Governor.