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Current Status Bill Number:View additional legislative information at the LPITS web site.3067 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20010109 Primary Sponsor:Leach All Sponsors:Leach Drafted Document Number:l:\council\bills\skb\18009som01.doc Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Murder, protection or restraining order violation aggravating circumstance; Crime and Offenses, Execution, Death penalty History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20010109 Introduced, read first time, 25 HJ referred to Committee House 20001206 Prefiled, referred to Committee 25 HJ Versions of This Bill
TO ENACT THE "COMPREHENSIVE CRIMINAL PROCEDURES AND DEATH PENALTY REFORM ACT OF 2001" INCLUDING PROVISIONS TO AMEND SECTION 14-7-1110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUMBER OF PEREMPTORY CHALLENGES FOR DEFENDANTS AND THE STATE IN CRIMINAL CASES, AND SECTION 14-7-1120, RELATING TO THE NUMBER OF PEREMPTORY CHALLENGES OF ALTERNATE JURORS IN CRIMINAL CASES, SO AS TO EQUALIZE THE NUMBER OF PEREMPTORY CHALLENGES ALLOWED TO DEFENDANTS AND THE STATE; AND TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO INCLUDE AS SEPARATE AGGRAVATING CIRCUMSTANCES, WHICH MAY BE CONSIDERED IN THE DETERMINATION OF WHETHER THE DEATH PENALTY SHOULD BE IMPOSED, A MURDER COMMITTED IN VIOLATION OF A VALID ORDER OF PROTECTION OR VALID RESTRAINING ORDER AND A MURDER COMMITTED AGAINST A HOUSEHOLD MEMBER WHEN THE DEFENDANT HAD AT LEAST ONE PRIOR CONVICTION FOR COMMITTING CERTAIN LISTED OFFENSES AGAINST THE HOUSEHOLD MEMBER VICTIM.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act is known and may be cited as the "Comprehensive Criminal Procedures and Death Penalty Reform Act of 2001".
SECTION 2. Section 14-7-1110 of the 1976 Code, as last amended by Act 10 of 1987, is further amended to read:
"Section 14-7-1110. Any A person who is arraigned for the crime of murder, manslaughter, burglary, arson, criminal sexual conduct, armed robbery, grand larceny, or breach of trust when it is punishable as for grand larceny, perjury, or forgery is entitled to peremptory challenges not exceeding ten, and the State in these cases is entitled to peremptory challenges not exceeding five ten. Any A person who is indicted for any a crime or offense other than those enumerated above has the right to peremptory challenges not exceeding five, and the State in these cases is entitled to peremptory challenges not exceeding five. No right to stand aside jurors is allowed to the State in any case whatsoever. In no case where there is felonies when more than one defendant is jointly tried are no more than twenty peremptory challenges are allowed in all to the defendants, and no more than twenty peremptory challenges are allowed the State in these cases. in In misdemeanors when there is more than one defendant is jointly tried no more than ten peremptory challenges are allowed in all to the defendants and no more than ten peremptory challenges are allowed to the State in these cases. In felonies when there is more than one defendant jointly tried the State has ten challenges."
SECTION 3. Section 14-7-1120 of the 1976 Code is amended to read:
"Section 14-7-1120. In criminal cases the prosecution is entitled to one and the defendant to two one peremptory challenges challenge for each alternate juror called under the provisions of Section 14-7-320. and in In civil cases, each party shall have is entitled to one strike for each alternate juror."
SECTION 4. Section 16-3-20(C)(a) of the 1976 Code, as last amended by Act 317 of 1996, is further amended by adding appropriately numbered subitems to read:
"( ) The murder was committed in violation of:
(1) a valid order of protection in effect at the time of the murder whether issued:
(a) pursuant to Chapter 4, Title 20, the 'Protection from Domestic Abuse Act'; or
(b) pursuant to a similar provision of law of another jurisdiction;
(2) a valid restraining order in effect at the time of the murder related to domestic or family violence issued as part of a decree pursuant to a family court proceeding; or
(3) a restraining order in effect at the time of the murder issued pursuant to Section 16-3-1750 against a person engaged in harassment or stalking. However, a violation of an order of protection issued against both the defendant and the victim does not constitute an aggravating circumstance under this section.
( ) The murder was committed against a victim who was a household member as defined in either Section 20-4-20(b) or Section 16-25-10 and the defendant had at least one prior conviction for committing one of the following offenses against the victim:
(1) assault and battery;
(2) assault and battery of a high and aggravated nature;
(3) assault and battery with intent to kill;
(4) an offense listed in Chapter 25, Title 16, 'Criminal Domestic Violence';
(5) an offense listed in Chapter 3, Title 16, 'Offenses Against the Person'; or
(6) an offense of another jurisdiction similar to one listed in this subitem."
SECTION 5. This act takes effect January 1, 2002. Sections 2 and 3 apply to all criminal trials conducted during terms of court beginning after January 1, 2002, and Section 4 applies to all offenses committed on or after that date.
This web page was last updated on Tuesday, December 8, 2009 at 4:14 P.M.