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3819Ratification Number: 353Act Number: 278Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 20010327Primary Sponsor: DelleneyAll Sponsors: Delleney, Simrill, McGee, Barfield, Barrett, Davenport, Emory, Hamilton, Kirsh, Littlejohn, Loftis, McCraw, J.M. Neal, Ott, Phillips, F.N. Smith, Snow, Whatley and WitherspoonDrafted Document Number: l:\council\bills\skb\18332som01.docDate Bill Passed both Bodies: 20020516Date of Last Amendment: 20020509Governor's Action: SDate of Governor's Action: 20020528Subject: Life imprisonment, judge to define term when charging juries in death penalty trialHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20020613 Act No. A278 ------ 20020528 Signed by Governor ------ 20020522 Ratified R353 House 20020516 Concurred in Senate amendment, enrolled for ratification Senate 20020514 Read third time, returned with amendment Senate 20020509 Amended, read second time Senate 20020508 Committee report: Favorable with 11 SJ amendment Senate 20010517 Introduced, read first time, 11 SJ referred to Committee House 20010516 Read third time, sent to Senate House 20010515 Read second time House 20010509 Committee report: Favorable 25 HJ House 20010327 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill Revised on May 9, 2001 - Word format Revised on May 8, 2002 - Word format Revised on May 9, 2002 - Word format
(A278, R353, H3819)
AN ACT TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEEDINGS OF A DEATH PENALTY TRIAL, SO AS TO REVISE THE DEFINITION OF "LIFE IMPRISONMENT" AND PROVIDE THAT, WHEN REQUESTED BY THE STATE OR THE DEFENDANT, THE JUDGE MUST CHARGE THE JURY IN HIS INSTRUCTIONS THAT LIFE IMPRISONMENT MEANS UNTIL THE DEATH OF THE DEFENDANT WITHOUT THE POSSIBILITY OF PAROLE, AND IN CASES WHERE THE DEFENDANT IS ELIGIBLE FOR PAROLE, THE JUDGE MUST CHARGE THE APPLICABLE PAROLE ELIGIBILITY STATUTE.
Be it enacted by the General Assembly of the State of South Carolina:
Proceedings of a death penalty trial
SECTION 1. Section 16-3-20(A) of the 1976 Code is 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 impose a sentence of life imprisonment. For purposes of this section, 'life imprisonment' means until death of the offender without the possibility of parole, and when requested by the State or the defendant, the judge must charge the jury in his instructions that life imprisonment means until the death of the defendant without the possibility of parole. In cases where the defendant is eligible for parole, the judge must charge the applicable parole eligibility statute. 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. 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. This act takes effect upon approval by the Governor.
Ratified the 22nd day of May, 2002.
Approved the 28th day of May, 2002.
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