Current Status Bill Number:3773 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950309 Primary Sponsor:Rogers All Sponsors:Rogers Drafted Document Number:DKA\3784CM.95 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Third time offenders
Body Date Action Description Com Leg Involved
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House 19950309 Introduced, read first time, 25 HJ
referred to Committee
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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.