South Carolina General Assembly
123rd Session, 2019-2020

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Indicates Matter Stricken
Indicates New Matter

S. 176

STATUS INFORMATION

General Bill
Sponsors: Senators Hembree, Martin and Verdin
Document Path: l:\council\bills\gt\5576cm19.docx
Companion/Similar bill(s): 3301, 4417

Introduced in the Senate on January 8, 2019
Introduced in the House on January 31, 2019
Last Amended on January 30, 2019
Currently residing in the House Committee on Judiciary

Summary: Executions

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/12/2018  Senate  Prefiled
  12/12/2018  Senate  Referred to Committee on Corrections and Penology
    1/8/2019  Senate  Introduced and read first time (Senate Journal-page 122)
    1/8/2019  Senate  Referred to Committee on Corrections and Penology 
                        (Senate Journal-page 122)
   1/23/2019  Senate  Polled out of committee Corrections and Penology 
                        (Senate Journal-page 8)
   1/23/2019  Senate  Committee report: Favorable Corrections and Penology 
                        (Senate Journal-page 8)
   1/24/2019          Scrivener's error corrected
   1/29/2019  Senate  Special order, set for  January 29, 2019 
                        (Senate Journal-page 35)
   1/29/2019  Senate  Roll call Ayes-26  Nays-13 (Senate Journal-page 35)
   1/30/2019  Senate  Amended (Senate Journal-page 22)
   1/30/2019  Senate  Read second time (Senate Journal-page 22)
   1/30/2019  Senate  Roll call Ayes-26  Nays-13 (Senate Journal-page 22)
   1/31/2019  Senate  Read third time and sent to House (Senate Journal-page 9)
   1/31/2019  House   Introduced and read first time (House Journal-page 61)
   1/31/2019  House   Referred to Committee on Judiciary 
                        (House Journal-page 61)
   1/31/2019          Scrivener's error corrected

View the latest legislative information at the website

VERSIONS OF THIS BILL

12/12/2018
1/23/2019
1/24/2019
1/30/2019
1/31/2019

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

AMENDED

January 30, 2019

S. 176

Introduced by Senators Hembree and Martin

S. Printed 1/30/19--S.    [SEC 1/31/19 1:19 PM]

Read the first time January 8, 2019.

            

A BILL

TO AMEND SECTION 24-3-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEATH BY ELECTROCUTION OR LETHAL INJECTION, SO AS TO PROVIDE THAT A PERSON CONVICTED OF A CAPITAL CRIME AND HAVING IMPOSED UPON HIM THE SENTENCE OF DEATH SHALL SUFFER THE PENALTY BY ELECTROCUTION OR, AT THE ELECTION OF THE PERSON, LETHAL INJECTION, IF IT IS AVAILABLE AT THE TIME OF ELECTION, UNDER THE DIRECTION OF THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS, TO PROVIDE THAT IF THE CONVICTED PERSON RECEIVES A STAY OF EXECUTION OR THE EXECUTION DATE HAS PASSED, THE ELECTION EXPIRES AND MUST BE RENEWED IN WRITING, TO PROVIDE THAT THE PENALTY MUST BE ADMINISTERED BY ELECTROCUTION FOR A PERSON WHO WAIVES THE RIGHT OF ELECTION, TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS SHALL DETERMINE AND CERTIFY TO THE SUPREME COURT WHETHER THE METHOD SELECTED IS AVAILABLE, TO PROVIDE THAT A CONVICTED PERSON'S SIGNATURE MUST BE WITNESSED BY TWO PERSONS WHOSE SIGNATURES MUST BE NOTARIZED AND CERTIFIES THAT THE CONVICTED PERSON'S SIGNATURE WAS MADE FREE FROM COERCION AND VOLUNTARILY GIVEN, AND TO PROVIDE THAT IF EXECUTION BY LETHAL INJECTION UNDER THIS SECTION IS UNAVAILABLE OR IS HELD TO BE UNCONSTITUTIONAL BY AN APPELLATE COURT OF COMPETENT JURISDICTION, THEN THE MANNER OF INFLICTING A DEATH SENTENCE MUST BE ELECTROCUTION REGARDLESS OF THE METHOD ELECTED BY THE PERSON.

Amend Title To Conform

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 24-3-530 of the 1976 Code is amended to read:

"Section 24-3-530.    (A)    A person convicted of a capital crime and having imposed upon him the sentence of death shall suffer the penalty by electrocution or, at the election of the person, lethal injection, if it is available at the time of election, or by firing squad under the direction of the Director of the Department of Corrections. The election for death by electrocution or, lethal injection, or firing squad must be made in writing fourteen days before the each execution date or it is waived. If the inmate receives a stay of execution or the execution date has passed for any reason, the election expires and must be renewed in writing fourteen days before a new execution date. If the person waives the right of election, then the penalty must be administered by lethal injection electrocution.

(B)    The Director of the Department of Corrections shall determine and certify by affidavit under penalty of perjury to the Supreme Court whether the method selected pursuant to subsection (A) is available.

(B)(C)    A person convicted of a capital crime and sentenced to death by electrocution prior to the effective date of this section must be administered death by electrocution unless the person elects death by lethal injection, and it is available, or firing squad in writing fourteen days before the execution date. The convicted person must sign and date this form. The convicted person's signature must be witnessed by two persons who are not inmates of the Department of Corrections and not under the supervision of the Director of the Department of Corrections. The witnesses' signatures must be duly notarized. The form must contain a certification signed by the witnesses that the convicted person's signature is free from coercion and voluntarily given.

(C)(D)    If execution by lethal injection under this section is determined and certified pursuant to subsection (B) to be unavailable by the Director of the Department of Corrections or is held to be unconstitutional by an appellate court of competent jurisdiction, then the manner of inflicting a death sentence must be by electrocution regardless of the method elected by the person.

(E)    The Department of Corrections must provide written notice to an inmate of his right of election under this section."

SECTION    2.    This act takes effect upon approval by the Governor.

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This web page was last updated on April 8, 2019 at 1:14 PM