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H. 3654
STATUS INFORMATION
General Bill
Sponsors: Reps. J.H. Neal, Whipper, Anderson, J. Brown, Hosey, Lee, Mack, Parks and Rutherford
Document Path: l:\council\bills\swb\6303cm05.doc
Introduced in the House on March 1, 2005
Currently residing in the House Committee on Judiciary
Summary: Death Penalty Moratorium Act
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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3/1/2005 House Introduced and read first time HJ-2
3/1/2005 House Referred to Committee on Judiciary HJ-3
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 TO CHAPTER 3, TITLE 24 SO AS TO ENACT THE DEATH PENALTY MORATORIUM ACT, CREATE THE COMMISSION ON THE DEATH PENALTY, PROVIDE FOR ITS MEMBERS, THEIR APPOINTMENT, POWERS AND DUTIES, AND PROVIDE THAT THE STATE SHALL NOT CARRY OUT A SENTENCE OF DEATH IMPOSED UNDER STATE LAW UNTIL THE GENERAL ASSEMBLY CONSIDERS THE FINAL FINDINGS AND RECOMMENDATIONS OF THE COMMISSION ON THE DEATH PENALTY IN THE REPORT SUBMITTED UNDER THIS ARTICLE, AND ENACTS LEGISLATION REPEALING THIS ARTICLE AND IMPLEMENTING OR REJECTING THE GUIDELINES AND PROCEDURES RECOMMENDED BY THE COMMISSION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. (A) The General Assembly finds: (1) The administration of the death penalty must be consistent with the state's fundamental principles of justice, equality, and due process.
(2) The fairness of the administration of the death penalty has recently come under serious scrutiny, specifically raising questions of racial disparity and serious concerns over the possibility of executing a person who, in fact, is not guilty of the crime for which he was convicted and sentenced to death.
(B) The purpose of this act is to ensure fairness in the operation of the state's death penalty and guarantee that innocent persons are not put to death.
SECTION 2. Chapter 3, Title 24 of the 1976 Code is amended by adding:
Section 24-3-610. This act may be cited as the 'Death Penalty Moratorium Act'.
Section 24-3-620. (A) There is created a commission to be known as the Commission on the Death Penalty.
(B) The commission is composed of fifteen members appointed by and serving at the pleasure of the Governor: three members must be state solicitors; three members must be attorneys certified and experienced in capital defense; two members must be current or former state judges; two members must be current or former state law enforcement officials; five members must be individuals from the public or private sector who have knowledge or expertise, whether by experience or training, in matters to be studied by the commission, which may include officers or employees of the state, county or municipal governments, members of academia, nonprofit organizations, the religious community, or business, or other interested individuals.
(C) In appointing the members of the commission, the Governor shall, to the maximum extent practicable, ensure that the membership of the commission is fairly balanced with respect to the opinions of the members of the commission regarding support for or opposition to the use of the death penalty.
(D) The appointments of the initial members of the commission must be made not later than thirty days after the date of enactment of this act.
(E) The Governor shall designate one member appointed under subsection (B) to serve as the chair of the commission.
(F) A vacancy in the commission does not affect its powers, but shall be filled in the same manner as the original appointment.
(G) The commission shall meet at the call of the chair, and must hold its first meeting not later than thirty days after all initial members of the commission have been appointed. A majority of the members of the commission constitutes a quorum for conducting business, but a lesser number of members may hold hearings.
(H) The commission shall adopt rules and procedures to govern its proceedings.
Section 24-3-630. (A) The commission shall conduct a thorough study of all matters relating to the administration of the death penalty at the state level to determine whether it comports with constitutional principles and requirements of fairness, justice, equality, and due process.
(B) The matters studied by the commission shall include the following:
(1) racial disparities in capital charging, prosecuting and sentencing decisions;
(2) disproportionality in capital charging, prosecuting and sentencing decisions based on, or in correlation to, the geographic location and income status of defendant, or any other factor resulting in disproportionality;
(3) adequacy of representation of capital defendants, including consideration of the American Bar Association 'Guidelines for the Appointment and Performance of Counsel in Death Penalty Cases' and the association's policies intended to encourage competency of counsel in capital cases;
(4) whether innocent persons have been sentenced to death and the reasons the wrongful convictions have occurred;
(5) procedures to ensure that persons sentenced to death have access to forensic evidence and modern testing of evidence, including DNA testing, when testing could result in new evidence of innocence;
(6) any other law or procedure to ensure that death penalty cases are administered fairly and impartially, in accordance with the constitutions of this State and of the United States.
(C) The commission must submit:
(1) a preliminary report to the Governor and the General Assembly containing a preliminary statement of findings and conclusions within one year after the date of its first meeting; and
(2) a report to the Governor and the General Assembly containing a detailed statement of its findings and conclusions, together with its recommendations for legislative and administrative actions, within two years after the date of its first meeting.
Section 24-3-640. The State shall not carry out a sentence of death imposed under state law until the General Assembly considers the final findings and recommendations of the Commission on the Death Penalty in the report submitted under this article, and enacts legislation repealing this article and implementing or rejecting the guidelines and procedures recommended by the commission."
SECTION 3. This act takes effect upon approval by the Governor.
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