South Carolina General Assembly
111th Session, 1995-1996

Bill 3703


                    Current Status

Bill Number:                    3703
Ratification Number:            163
Act Number:                     108
Type of Legislation:            General Bill GB
Introducing Body:               House
Introduced Date:                19950301
Primary Sponsor:                Hallman
All Sponsors:                   Hallman, Baxley, Quinn,
                                Cobb-Hunter, Kirsh, Jennings, A. Young,
                                Stuart, R. Smith, Lloyd, Herdklotz,
                                Harrison, Littlejohn, Meacham, Sharpe,
                                Simrill, G. Brown, Robinson, Fulmer,
                                Stoddard, Seithel, Fair, Wright,
                                H. Brown, Limehouse, Vaughn, Jaskwhich,
                                Inabinett, Haskins, Wells, Beatty,
                                Tripp, Easterday, Wofford, Walker, Law,
                                Marchbanks, Waldrop, Riser, Stille,
                                D. Smith, Sandifer, Cotty, Cain,
                                Whatley, Gamble, Hutson, Koon, Lanford,
                                Tucker, Davenport, Harwell, Limbaugh,
                                Felder, Cooper, Mason, Chamblee,
                                J. Harris, Wilkes, Boan, Carnell,
                                Fleming, Spearman, Hodges, J. Young,
                                Dantzler, Martin, Klauber, Bailey,
                                Richardson and Witherspoon
Drafted Document Number:        DKA\3733CM.95
Date Bill Passed both Bodies:   19950531
Date of Last Amendment:         19950531
Governor's Action:              S
Date of Governor's Action:      19950608
Subject:                        Lethal injection

History



Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19950608  Act No. A108
------  19950608  Signed by Governor
------  19950606  Ratified R163
House   19950531  Concurred in Senate amendment,
                  enrolled for ratification
Senate  19950531  Amended, read third time,
                  returned to House with amendment
Senate  19950525  Read second time
Senate  19950524  Committee report: Favorable              11 SJ
Senate  19950405  Introduced, read first time,             11 SJ
                  referred to Committee
House   19950404  Read third time, sent to Senate
House   19950330  Amended, read second time
House   19950329  Committee report: Favorable with         25 HJ
                  amendment
House   19950301  Introduced, read first time,             25 HJ
                  referred to Committee

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A108, R163, H3703)

AN ACT TO AMEND SECTION 24-3-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAPITAL PUNISHMENT BY ELECTROCUTION, SO AS TO REQUIRE CAPITAL PUNISHMENT BY ELECTROCUTION OR LETHAL INJECTION UNDER CERTAIN CIRCUMSTANCES.

Be it enacted by the General Assembly of the State of South Carolina:

Capital punishment; electrocution or lethal injection

SECTION 1. Section 24-3-530 of the 1976 Code, as last amended by Section 420, Act 181 of 1993, is further amended to read:

"Section 24-3-530. (A) A person convicted of a capital crime and having imposed upon him the sentence of death shall suffer the penalty by electrocution or, at the election of the person, lethal injection under the direction of the Director of the Department of Corrections. The election for death by electrocution or lethal injection must be made in writing fourteen days before the execution date or it is waived. If the person waives the right of election, then the penalty must be administered by lethal injection.

(B) A person convicted of a capital crime and sentenced to death by electrocution prior to the effective date of this section must be administered death by electrocution unless the person elects death by lethal injection in writing fourteen days before the execution date.

(C) If execution by lethal injection under this section is held to be unconstitutional by an appellate court of competent jurisdiction, then the manner of inflicting a death sentence must be by electrocution."

Time effective

SECTION 2. This act takes effect upon approval by the Governor and applies to all executions administered on and after the effective date of this act, irrespective of the date the sentence was imposed.

Approved the 8th day of June, 1995.