South Carolina General Assembly
114th Session, 2001-2002

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Bill 3463


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      3463
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20010206
Primary Sponsor:                  J.H. Neal
All Sponsors:                     J.H. Neal, J. Brown, Cobb-Hunter, 
                                  Gourdine, Hosey, Lloyd, Mack, Moody-Lawrence, 
                                  Parks and Scott
Drafted Document Number:          l:\council\bills\ggs\22775cm01.doc
Companion Bill Number:            236
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Murder, death penalty may not be imposed 
                                  if person under eighteen when committed; 
                                  Crimes and Offenses, Execution, Minors


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
------  20010208  Companion Bill No. 236
House   20010206  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 SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUNISHMENT FOR MURDER, SO AS TO PROVIDE THAT A PERSON MAY NOT BE EXECUTED IF THE PERSON WAS UNDER EIGHTEEN YEARS OLD WHEN THE CRIME WAS COMMITTED AND TO DELETE THE MITIGATING CIRCUMSTANCE OF BEING UNDER THE AGE OF EIGHTEEN WHEN THE CRIME WAS COMMITTED.

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

SECTION    1.    Section 16-3-20(A) of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:

    "(A)    A person who is convicted of or pleads guilty to murder must be punished by death, by imprisonment for life, or by a mandatory minimum term of imprisonment for thirty years. If the State seeks the death penalty and a statutory aggravating circumstance is found beyond a reasonable doubt pursuant to subsections (B) and (C), and a recommendation of death is not made, the trial judge must shall impose a sentence of life imprisonment. For purposes of this section, 'life imprisonment' means until death of the offender. No person sentenced to life imprisonment pursuant to this section is eligible for parole, community supervision, or any early release program, nor is the person eligible to receive any work credits, education credits, good conduct credits, or any other credits that would reduce the mandatory life imprisonment required by this section. No person sentenced to a mandatory minimum term of imprisonment for thirty years pursuant to this section is eligible for parole or any early release program, nor is the person eligible to receive any work credits, education credits, good conduct credits, or any other credits that would reduce the mandatory minimum term of imprisonment for thirty years required by this section. Under no circumstances may a female who is pregnant be executed so long as she is pregnant or for a period of at least nine months after she is no longer pregnant. Under no circumstances may a person be executed if the person was under eighteen years of age when the crime was committed. When the Governor commutes a sentence of death to life imprisonment under the provisions of Section 14 of Article IV of the Constitution of South Carolina, 1895, the commutee is not eligible for parole, community supervision, or any early release program, nor is the person eligible to receive any work credits, good conduct credits, education credits, or any other credits that would reduce the mandatory imprisonment required by this subsection."

SECTION    2.    Section 16-3-20(C)(b)(9) of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:

    "(9)    The defendant was below the age of eighteen at the time of the crime. (Reserved)

SECTION    3.    This act takes effect upon approval by the Governor.

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