Download This Bill in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
H. 3136
STATUS INFORMATION
General Bill
Sponsors: Reps. G.M. Smith and W.D. Smith
Document Path: l:\council\bills\swb\5054cm03.doc
Companion/Similar bill(s): 3092
Introduced in the House on January 14, 2003
Currently residing in the House Committee on Judiciary
Summary: Solicitors to provide certain information in death penalty cases to Office of Indigent Defense, OID to maintain information
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/4/2002 House Prefiled 12/4/2002 House Referred to Committee on Judiciary 1/14/2003 House Introduced and read first time HJ-58 1/14/2003 House Referred to Committee on Judiciary HJ-58
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 16-3-26, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUNISHMENT FOR MURDER AND NOTICES TO DEFENSE ATTORNEYS OF A SOLICITOR'S INTENT TO SEEK THE DEATH PENALTY, SO AS TO PROVIDE THAT WHEN A SOLICITOR GIVES A DEFENSE ATTORNEY NOTICE THAT HE INTENDS TO SEEK THE DEATH PENALTY, HE ALSO MUST PROVIDE THIS NOTICE TO THE COMMISSION ON INDIGENT DEFENSE; AND BY ADDING SECTION 17-3-40 SO AS TO PROVIDE THAT A SOLICITOR MUST PROVIDE NOTICE OF HIS INTENTION TO SEEK THE DEATH PENALTY IN CERTAIN CASES TO THE COMMISSION ON INDIGENT DEFENSE WHICH MUST MAINTAIN RECORDS AND STATISTICS REGARDING THIS INFORMATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-3-26(A) of the 1976 Code, as last amended by Act 458 of 1996, is further amended to read:
"(A) (1) Whenever the solicitor seeks the death penalty he shall notify the defense attorney of his intention to seek such the death penalty at least thirty days prior to the trial of the case. At the request of the defense attorney, the defense attorney shall be excused from all other trial duties ten days prior to the term of court in which the trial is to be held.
(2) When a solicitor gives a defense attorney notice of intent to seek the death penalty, he also must provide a copy of the notice of intent to seek the death penalty to the Commission on Indigent Defense. If not contained in his notice, the solicitor notifying the commission of his intent to seek the death penalty in a death penalty case must simultaneously provide the commission with the information required by Section 14-29-10."
SECTION 2. Chapter 3, Title 17 of the 1976 Code is amended by adding:
"Section 17-3-340. (A) When a solicitor gives a defense attorney notice of the solicitor's intent to seek the death penalty as required under Section 16-3-26, the solicitor also must provide a copy of his notice of intent to seek the death penalty to the Commission on Indigent Defense.
(B) The solicitor's notice to the commission also must include the date notice is made, the alleged crime, the date the alleged crime occurred, the county in which the alleged crime occurred, demographic information about the victim, and the person or persons charged with the crime, including their age, race, sex, and ethnic background.
(C) The commission must use data provided by the solicitors to maintain records and statistics regarding the basic information submitted by the solicitors.
(D) The commission must compile, collate, index, and maintain a file of the information required by subsection (B). The file must be available to the general public during the normal business hours of the commission.
(E) If a person desires to question the accuracy or completeness of information submitted by the solicitor to the commission, he may submit a written request to the commission. The request must include a statement of the alleged inaccuracy or incompleteness, and must specify any proof or corroboration available. Upon receipt of the request, the commission must, within sixty days of receipt of a written request for clarification, review its information and forward the results of the review to the person requesting the review.
(F) If the commission concurs in the allegations of inaccuracy or incompleteness, it must correct the record, and the commission shall inform the individual of its correction of any error in the record under this subdivision within sixty days.
(G) If the commission denies the allegations of inaccuracy or incompleteness in the record, the matter may at the option of the applicant be referred for administrative adjudication in accordance with the rules of the local governing body.
(H) Nothing in this section, nor the failure of a solicitor to notify the commission of his intent to seek the death penalty or to supply the commission with information required by this section, nor the failure of the commission or any other person to comply with this section, may be taken or construed to confer a benefit or defense upon a defendant charged with a criminal offense in this State."
SECTION 3. All proceedings and all rights and liabilities existing, acquired, or accrued at the time this act takes effect are saved. The provisions of this act applies prospectively to crimes and offenses committed on or after the effective date of this act.
SECTION 4. This act takes effect upon approval by the Governor.
This web page was last updated on Monday, December 7, 2009 at 10:24 A.M.