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Renumber sections to conform.

Amend totals and title to conform.

Senator LEVENTIS explained the amendment.

Senator HOLLAND moved that the amendment be adopted.

The amendment was adopted.

Senator BRYAN proposed the following Amendment No. A (JUD3096.023), which was tabled:

Amend the amendment, as and if amended, page 54, by striking SECTION 58 in its entirety and inserting therein the following:

/SECTION 58. This act takes effect upon approval by the Governor except as follows:

(1) Sections 1, 2, 3, 4, 5, 10, 17, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 36, 37, 40, 41, 42, 43, 44, 46, 47, 48, 49, 50, and 54 take effect when sentencing guidelines are enacted and become effective, and apply prospectively to all crimes committed on or after the effective date of sentencing guidelines.

(2) Sections 6, 7, 8, 11, 12, 13, 14, 15, 16, 19, 20, 35, 38, 39, 45, 51, 52, 53, 55, and 56 of this act take effect January 1, 1996./.

Amend title to conform.

Senator HOLLAND argued contra to the adoption of the amendment and Senator BRYAN argued in favor.

At 12:45 P.M., Senator MESCHER requested a leave of absence for the balance of the day.

Senator BRYAN continued arguing contra to the adoption of the amendment.

Senator MOORE raised the Point of Order that the Senator's remarks were tedious and superfluous.

Senator BRYAN spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

The question then was the adoption of the amendment.

Senator HOLLAND moved to lay the amendment on the table.

The amendment was laid on the table.

Senators McCONNELL and PASSAILAIGUE proposed the following Amendment No. 3 (3096R001.GFM), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:

/SECTION . Chapter 7, Title 54 of the 1976 Code is amended by adding:

"Section 54-7-815. Notwithstanding any other provision of law, no person may excavate or salvage any sunken warship submerged in the waters of the Atlantic ocean within three miles of the South Carolina coast where there are, or it is believed that there are, human remains without the approval of the State Budget and Control Board. A person violating this section is guilty of a felony and upon conviction must be fined in the discretion of the court or sentenced to a term of imprisonment not to exceed five years, or both."/

Amend title to conform.

Senator McCONNELL explained the amendment.

Senator McCONNELL moved that the amendment be adopted.

The amendment was adopted.

Senators RICHTER, RYBERG, LEVENTIS, MARTIN, THOMAS, WILSON, HOLLAND, PASSAILAIGUE, MOORE and REESE proposed the following Amendment No. 4 (3096R002.LER), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:

/SECTION . Section 40-5-310. (A) No person shall practice or solicit the cause of any other person in any court of this State unless he

(B) No person who does not meet the qualifications of an elector, other than the residency requirements of an elector, shall:

(1) be admitted to the practice of law in this State;

(2) practice or solicit the cause of any other person in any court of this State;

(3) associate with, or receive the benefit of an association with, another person for the purpose of practicing or solicting on behalf of a third person in any court of this State; or

(4) otherwise engage in the practice of law on behalf of any other person.

(C) If a person to whom subsection (B) applies does not meet the qualifications of an elector because he was convicted of a felony, after the person has completed the sentence, including probation and parole, the period of time for which subsection (B) applies shall be extended for a period of time equal in length to that of the felony for which the person was sentenced. However, the period of time after completion of a felony sentence that subsection (B) applies shall not exceed five years.

(D) Items (1), (2), (3) and (4) of subsection (B) are severable and if any one of these items is declared unconstitutional, the remaining items shall continue to have the force and effect of law./

Amend title to conform.

Senator RICHTER explained the amendment.

Senator HOLLAND moved that the amendment be adopted.

Senator BRYAN raised the Point of Order that the amendment was out of order inasmuch as the amendment was not germane to the Bill.

Senator RICHTER spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

The question then was the adoption of the amendment.

Senator BRYAN spoke on the amendment.

The amendment was adopted.

Senator MOORE made the point that a quorum was not present. It was ascertained that a quorum was not present.

Senator MOORE moved that a call of the Senate be made. The following Senators answered the call:

Alexander         Bryan            Cork

Courtney          Drummond         Elliott

Ford              Giese            Gregory

Hayes             Holland          Jackson

Lander            Leatherman       Leventis

Martin            McConnell        McGill

Moore             O'Dell           Passailaigue

Peeler            Rankin           Reese

Richter           Russell          Ryberg

Setzler           Short            Smith, G.

Stilwell          Waldrep          Washington

Williams          Wilson

A quorum being present, the Senate resumed.

At 1:30 P.M., Senator MOORE moved under Rule 15A to set a time certain of 2:00 P.M. to vote on the entire matter of H. 3096.

Senator BRYAN objected.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Alexander         Courtney         Drummond

Ford              Holland          Jackson

Lander            Leatherman       Leventis

Martin            McConnell        McGill

Moore             O'Dell           Passailaigue

Peeler            Reese            Richter

Russell           Ryberg           Short

Smith, G.         Thomas           Williams

Bryan             Cork             Elliott

Giese             Gregory          Hayes

Stilwell          Waldrep          Washington

Wilson

Having failed to receive the necessary vote, the motion failed.

Senator PASSAILAIGUE proposed the following Amendment No. 5 (3096R004.ELP), which was adopted:

Amend the bill, as and if amended, by adding appropriately numbered new SECTIONS to read:

/SECTION . Section 22-1-10(A) of the 1976 Code is amended to read:

"(A) The Governor, by and with the advice and consent of the Senate, may appoint magistrates in each county of the State for a term of four years and until their successors are appointed and qualified.

Magistrates serving the counties of Abbeville, Allendale, Bamberg, Beaufort, Calhoun, Cherokee, Chesterfield, Clarendon, Colleton, Dillon, Edgefield, Florence, Greenville, Hampton, Jasper, Lancaster, Lee, Marion, McCormick, Oconee, Pickens, Saluda, Sumter, and Williamsburg shall serve terms of four years commencing May 1, 1990. Magistrates serving the counties of Aiken, Anderson, Barnwell, Berkeley, Charleston, Chester, Darlington, Dorchester, Fairfield, Georgetown, Greenwood, Horry, Kershaw, Laurens, Lexington, Marlboro, Newberry, Orangeburg, Richland, Spartanburg, Union, and York shall serve terms of four years commencing May 1, 1991.

At least ninety days before the date of the commencement of the terms provided in the preceding paragraph and every four years thereafter, each county governing body must inform, in writing, the Senators representing that county of the number of full-time and part-time magistrate positions available in the county, the number of work hours required by each position, the compensation for each position, and the area of the county to which each position is assigned. If the county governing body fails to inform, in writing, the Senators representing that county of the information as required in this section, then the compensation, hours, and location of the full-time and part-time magistrate positions available in the county remain as designated for the previous four years.

SECTION . Section 22-2-190 is amended by deleting the following unnumbered paragraphs:

"Notwithstanding any other provision of law, magistrates in Charleston County shall reside in the following jury areas:

Three magistrates shall reside in Jury Area No. 1, one of whom shall reside on Edisto Island.

Three magistrates shall reside in Jury Area No. 2, one of whom shall reside on each of the following islands: Johns Island, James Island and Wadmalaw Island.

Two magistrates shall reside in Jury Area No. 3.

Three magistrates shall reside in Jury Area No. 4.

One magistrate shall reside in Jury Area No. 5.

One magistrate shall reside in Jury Area No. 6.

One magistrate shall reside in Jury Area No. 7."

SECTION . Section 22-8-40(A) of the 1976 Code is amended to read:

"(A) The county governing body of each county shall designate magistrates serving within the county as either full time or part time. A county is not required to have a full-time magistrate and may have only part- time magistrates."

SECTION . Section 2 of Act 136 of 1991 is repealed./

Amend title to conform.

Senator PASSAILAIGUE explained the amendment.

Senator HAYES raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

The PRESIDENT overruled the Point of Order.

The question then was the adoption of the amendment.

Senator HAYES argued contra to the adoption of the amendment.

Senator PASSAILAIGUE argued in favor of the adoption of the amendment.

Senator STILWELL argued contra to the adoption of the amendment. Senator STILWELL moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Alexander         Bryan            Cork

Courtney          Drummond         Giese

Hayes             Holland          Lander

Leventis          Martin           Russell

Ryberg            Smith, J.V.      Stilwell

Waldrep

Elliott           Ford             Jackson

Leatherman        McConnell        McGill

Moore             O'Dell           Passailaigue

Peeler            Rankin           Reese

Richter           Short            Smith, G.

Thomas            Washington       Williams

Wilson

The Senate refused to table the amendment. The question then was the adoption of the amendment.

By a division vote of 18 to 15, the amendment was adopted.

At 2:14 P.M., Senator MOORE moved under Rule 15A to set a time certain of 2:45 P.M. today to vote on the entire matter of H. 3096.

Senator BRYAN objected.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Alexander         Courtney         Ford

Holland           Jackson          Lander

Leatherman        Leventis         Martin

McConnell         McGill           Moore

O'Dell            Passailaigue     Peeler

Rankin            Reese            Richter

Russell           Ryberg           Short

Smith, G.         Smith, J.V.      Stilwell

Thomas            Waldrep          Washington

Williams          Wilson

Bryan             Cork             Drummond

Giese             Hayes

The PRESIDENT announced in accordance with Rule 15A that the requisite number of votes had been given and the motion to set 2:45 P.M. today as a time certain to vote on the entire matter of H. 3096 was adopted.

At 2:15 P.M., Senator SHORT requested a leave of absence for the balance of the day.

Senators RICHTER and WILSON proposed the following Amendment No. 6 (JUD3096.025), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION . A. 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) All persons A person convicted of a capital crime and having imposed upon them him the sentence of death shall suffer such the penalty by electrocution or, at the election of the person, lethal injection within the walls of the State Penitentiary at Columbia under the direction of the Director of the Department of Corrections. The election 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) 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."/.
B. This section takes effect upon approval by the Governor and applies to all executions administered on and after the effective date of this section, regardless of the date the sentence was imposed./.

Renumber sections to conform.

Amend title to conform.

Senator RICHTER explained the amendment.

The amendment was adopted.

There being no further amendments, the question then was the third reading of the Bill.

Senator BRYAN spoke on the Bill.

Senator WASHINGTON spoke on the Bill.

By previous action of the Senate, the time certain had arrived to vote on the entire matter of H. 3096.

Alexander         Cork             Courson*

Courtney          Drummond         Elliott

Giese             Hayes            Holland

Jackson           Lander           Leatherman

Leventis          Martin           McConnell

McGill            Mescher          Moore

O'Dell            Passailaigue     Peeler

Rankin            Reese            Richter

Russell           Ryberg           Saleeby

Setzler           Short            Smith, G.

Smith, J.V.       Stilwell         Thomas

Waldrep           Williams         Wilson

Bryan             Ford             Washington

*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.

The Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.

I strongly support the concept of truth in sentencing. However, I voted against H. 3096 which has been amended to include truth in sentencing because the bill needs sentencing guidelines to be complete. Without this the cost is tremendous and our prison cost will continue to run out of control. With sentencing guidelines, which will be ready by the end of 1995, we would be responsible and could control the cost. Without them we will not be able to control cost and in future years will not be able to fund property tax reduction and education. We can put violent criminals in prison for longer sentences if we plan for this so we can pay for it.

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