Current Status Bill Number:3568 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950209 Primary Sponsor:Hutson, All Sponsors:Hutson, Law, Hallman, Quinn, Meacham, Cato, Davenport, Gamble, Simrill, Seithel, Limbaugh, S. Whipper, Haskins, Wilder, Waldrop, Vaughn, Carnell, McCraw, Cain, Lanford, Marchbanks, J. Harris, Shissias, Limehouse, Trotter, Phillips, Fair, Wofford, Fulmer, Riser, Kinon, Whatley, Wells, Rhoad, Witherspoon, Easterday, Cromer, Dantzler and Stuart Drafted Document Number:DKA\3554CM.95 Residing Body:House Current Committee:Ways and Means Committee 30 HWM Subject:Death penalty, indigents
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19950209 Introduced, read first time, 30 HWM
referred to Committee
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TO AMEND SECTION 16-3-26, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE TO DEFENSE ATTORNEYS OF A SOLICITOR'S INTENTION TO SEEK THE DEATH PENALTY, THE APPOINTMENT OF ATTORNEYS, AND THE PROVISION OF INVESTIGATIVE, EXPERT, AND OTHER SERVICES FOR INDIGENTS FACING THE DEATH PENALTY, SO AS TO REQUIRE THE JUDICIAL DEPARTMENT TO SATISFY OUTSTANDING AWARDS OF ATTORNEY FEES OR EXPENSES IN DEATH PENALTY CASES UPON THE EXHAUSTION OF FUNDS PROVIDED BY THE OFFICE OF INDIGENT DEFENSE, TO REVISE THE OBLIGATION OF THE OFFICE OF INDIGENT DEFENSE FOR PAYMENT OF INVESTIGATIVE, EXPERT, AND OTHER SERVICES, AND TO REQUIRE THE JUDICIAL DEPARTMENT TO DEVELOP BIENNIALLY A LIST OF STANDARD FEES ASSOCIATED WITH THE DEFENSE OF AN INDIGENT PERSON IN A DEATH PENALTY CASE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-3-26 of the 1976 Code, as last amended by Section 45, Part II of Act 164 of 1993 (and as amended for fiscal year 1994-95 by paragraph 14.1, Part IB of Act 497 of 1994), is further amended to read:
"Section 16-3-26. (A) Whenever When the solicitor seeks the death penalty he shall notify the defense attorney of his intention to seek such penalty at least thirty days prior to before the trial of the case. At the request of the defense attorney, the defense attorney shall must be excused from all other trial duties ten days prior to before the term of court in which the trial is to be held.
(B) (1) Whenever any When a person is charged with murder and the death penalty is sought, the court, upon determining that such the person is unable financially unable to retain adequate legal counsel, shall appoint two attorneys to defend such the person in the trial of the action. One of the appointed attorneys so appointed shall must have at least five years' experience as a licensed attorney and at least three years' experience in the actual trial of felony cases, and only one of the appointed attorneys so appointed shall must be the Public Defender or a member of his staff. In all cases where no conflict exists, the public defender or member of his staff shall must be appointed if qualified. If a conflict exists, the court shall then turn first to the appoint contract public defender attorneys, if qualified, before turning to the Office of Indigent Defense.
(2) Notwithstanding any other another provision of law, the court shall order payment of all fees and costs expenses from funds available to the Office of Indigent Defense for the defense of an indigent. Any The attorney appointed shall be is compensated at a rate not to exceed fifty dollars an hour for time expended out of court and seventy-five dollars an hour for time expended in court. Compensation shall must not exceed twenty-five thousand dollars and shall must be paid from funds available to the Office of Indigent Defense for the defense of an indigent represented by court-appointed, private counsel.
(3) Upon exhaustion of funds available to the Office of Indigent Defense for death penalty cases, outstanding awards of fees and expenses are the obligation of the State from funds appropriated to the Judicial Department in the annual general appropriations act.
(C) (1) Upon a finding in ex parte proceedings that investigative, expert, or other services are reasonably are necessary for the representation of the defendant whether in connection with issues relating to guilt or sentence, the court shall authorize the defendant's attorneys to obtain such services on behalf of the defendant and shall order the payment, from funds available to the Office of Indigent Defense, of fees and expenses not to exceed twenty-five hundred thousand dollars as the court shall deem considers appropriate. Payment of such fees and expenses may be ordered in cases where the defendant is an indigent represented by either court-appointed, private counsel, or the public defender.
(2) Upon exhaustion of funds available to the Office of Indigent Defense for death penalty cases, outstanding awards of fees and expenses are the obligation of the State from funds appropriated to the Judicial Department in the annual general appropriations act.
(D) Payment in excess of the hourly rates and limit limits in subsection (B) or (C) is authorized only if the court certifies, in a written order with specific findings of fact, that payment in excess of the rates is necessary to provide compensation adequate to ensure effective assistance of counsel and payment in excess of the limit is appropriate because the reasonable and necessary services provided were reasonably and necessarily incurred. Upon a finding that timely procurement of such services cannot await prior authorization, the court may authorize the provision of and payment for such services nunc pro tunc.
(E) After completion of the trial, the court shall conduct a hearing to review and validate the fees, costs, and other expenditures on behalf of the defendant.
(F) The Judicial Department biennially shall develop and make available to the public a list of standard fees and expenses associated with the defense of an indigent person in a death penalty case.
(F)(G) The Supreme Court shall promulgate guidelines on the expertise and qualifications necessary for attorneys to be certified as competent to handle death penalty cases.
(G)(H) The Office of Indigent Defense shall maintain a list of death penalty qualified attorneys who have applied for and received certification by the Supreme Court as provided for herein. In the event If the court-appointed counsel notifies the chief administrative judge in writing that he or she does not wish to provide representation in a death penalty case, the chief administrative judge shall advise the Office of Indigent Defense which shall forward a name or names to the chief administrative judge for consideration. The appointment power is vested in the chief administrative judge. The Office of Indigent Defense shall establish guidelines as are necessary to ensure that attorneys' names are presented to the judges on a fair and equitable basis taking into account geography and previous assignments from the list. Efforts shall must be made to present an attorney from the area or region where the action is initiated."
SECTION 2. This act takes effect July 1, 1995.