South Carolina General Assembly
113th Session, 1999-2000

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Bill 4097


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      4097
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  19990513
Primary Sponsor:                  J.H. Neal
All Sponsors:                     J.H. Neal
Drafted Document Number:          l:\council\bills\bbm\9280som99.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Racial Justice Act, Courts, Crimes and 
                                  Offenses, Discrimination


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   19990513  Introduced, read first time,           25 HJ
                  referred to Committee


                             Versions of This Bill

View additional legislative information at the LPITS web site.


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

A BILL

TO AMEND CHAPTER 25, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDGMENT AND EXECUTION AGAINST PERSONS CONVICTED OF CRIME, BY ADDING ARTICLE 7 SO AS TO ENACT THE "SOUTH CAROLINA RACIAL JUSTICE ACT" WHICH PROHIBITS THE EXECUTION OF THE DEATH SENTENCE FOR ANY PERSON IF THE SENTENCE WAS IMPOSED BASED ON RACE; TO PROVIDE FOR ESTABLISHING AN INFERENCE THAT RACE WAS THE BASIS OF A DEATH SENTENCE; TO PROVIDE FOR THE REBUTTAL OF AN INFERENCE BY CLEAR AND CONVINCING EVIDENCE, AND TO PROVIDE FOR THE RETROACTIVE APPLICATION OF THIS ACT.

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

SECTION 1. Chapter 25, Title 17 of the 1976 Code is amended by adding:

"Article 7

South Carolina Racial Justice Act

Section 17-25-710. This article may be known as the 'South Carolina Racial Justice Act'.

Section 17-25-730. (A) A person shall not be put to death under color of state law in the execution of a sentence which was imposed based on race.

(B) An inference that race was the basis of a death sentence is established if valid evidence is presented demonstrating that race was a statistically significant factor in decisions to seek or impose the sentence of death in this State at the time the death sentence for a particular defendant was sought or imposed.

(C) Evidence relevant to establish an inference that race was the basis of a death sentence may include evidence that death sentences were sought or imposed significantly more frequently:

(1) upon persons of one race more than upon persons of another race; or

(2) as punishment for capital offenses against persons of one race more than as punishment for capital offenses against persons of another race.

(D) If statistical evidence is presented to establish an inference that race was the basis of a sentence of death, the court shall determine the validity of the evidence and whether the evidence provides a basis for that inference. The evidence must take into account, to the extent it is compiled and publicly made available, evidence of the statutory aggravating factors and must include comparisons of similar cases involving persons of different races.

(E) If an inference that race was the basis of a death sentence is established, the death sentence must not be carried out unless the State rebuts the inference by clear and convincing evidence. The state may not rely on mere assertions that it did not intend to discriminate or that the case fits the statutory criteria for seeking or imposing the death sentence.

Section 17-25-750. Data collected by public agencies concerning factors relevant to the imposition of the death sentence is subject to Chapter 4 of Title 30 of the 1976 Code, the Freedom of Information Act.

Section 17-25-770. This article must be applied retroactively. Notwithstanding any other law, a person is not barred from raising a claim under this article on the ground that the person failed to raise or to prosecute such a claim before the effective date of this article or by reason of any adjudication rendered before the effective date of the article."

SECTION 2. This act takes effect upon approval by the Governor.

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