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Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
February 19, 2003
H. 3092
S. Printed 2/19/03--H.
Read the first time January 14, 2003.
To whom was referred a Bill (H. 3092) to amend Section 16-3-26, as amended, Code of Laws of South Carolina, 1976, relating to punishment for murder and notice to defense attorneys, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass:
JAMES H. HARRISON for Committee.
TO AMEND SECTION 16-3-26, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUNISHMENT FOR MURDER AND NOTICE TO DEFENSE ATTORNEYS OF A SOLICITOR'S INTENT TO SEEK THE DEATH PENALTY, SO AS TO PROVIDE THAT, WHENEVER NOTICE IS GIVEN TO A DEFENSE ATTORNEY OF THE SOLICITOR'S INTENT TO SEEK THE DEATH PENALTY, THE SOLICITOR MUST ALSO GIVE NOTICE OF INTENT TO SEEK THE DEATH PENALTY TO THE SOUTH CAROLINA OFFICE OF INDIGENT DEFENSE; AND TO AMEND TITLE 14, RELATING TO COURTS, BY ADDING CHAPTER 29 SO AS TO PROVIDE GENERAL PROVISIONS RELATING TO SOLICITORS PROVIDING NOTICE OF INTENTION TO SEEK THE DEATH PENALTY IN CERTAIN CASES AND THE REPORTING OF CERTAIN STATISTICAL INFORMATION TO THE OFFICE OF INDIGENT DEFENSE RELATING TO CRIME TO ENABLE ACCURATE RECORDKEEPING.
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 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 South Carolina Office of Indigent Defense. If not contained in his notice, the solicitor notifying the Office of Indigent Defense of his intent to seek the death penalty in a death penalty case must simultaneously provide the Office of Indigent Defense with the information required by Section 14-29-10."
SECTION 2. Title 14 of the 1976 Code is amended by adding:
Section 14-29-10. (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 South Carolina Office of Indigent Defense.
(B) The solicitor's notice to the Office of Indigent Defense 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 Office of Indigent Defense shall use data provided by the solicitors to maintain records and statistics regarding the basic information submitted by the solicitors.
(D) The Office of Indigent Defense shall 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 offices of the South Carolina Office of Indigent Defense.
(E) Nothing in this section may be construed to prohibit the Office of Indigent Defense from requiring solicitors to report any information which is required by any other statute to be reported to the office.
(F) If a person desires to question the accuracy or completeness of any information submitted by the solicitor to the Office of Indigent Defense, he may submit a written request to the Office of Indigent Defense. The request must include a statement of the alleged inaccuracy or incompleteness, and must specify any proof or corroboration available. Within sixty days of receipt of a written request for clarification the office must review its information and forward the results of the review to the person requesting the review.
(G) If the office concurs in the allegations of inaccuracy or incompleteness, it must correct the record, and the office shall inform the individual of its correction of any error in the record under this section within sixty days.
(H) If the office 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.
(I) Nothing in this section, nor the failure of a solicitor to notify the court administrator of his intent to seek the death penalty or to supply the court administrator with information required by this section, nor the failure of the court administrator 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. This act takes effect upon approval by the Governor.
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