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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-23-115 SO AS TO PROVIDE A PROCEDURE FOR THE GRANTING OF A NEW TRIAL BASED ON AFTER-DISCOVERED EVIDENCE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 23, Title 17 of the 1976 Code is amended by adding:
"Section 17-23-115. (A) In order to obtain a new trial based on after-discovered evidence, the moving party shall show that the after-discovered evidence:
(1) would likely change the result if a new trial is granted;
(2) was discovered since the trial;
(3) could not, in the exercise of due diligence, have been discovered prior to the trial;
(4) is material to the issue of guilt or innocence; and
(5) is not merely cumulative or impeaching.
(B) When a convicted person petitions the court, after notice to the State, and a hearing is held and the person demonstrates actual innocence and wrongful conviction by admissible evidence, the court, in its discretion, may grant a motion for a new trial notwithstanding the requirements of subitem (A)(3) if the court determines that a new trial will serve the interests of justice."
SECTION 2. This act takes effect upon approval by the Governor.
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