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Indicates Matter Stricken
Indicates New Matter
Sponsors: Senators Hembree, Martin, Kimbrell, Shealy, Gustafson and Turner
Document Path: l:\s-res\gh\005leth.sp.gh.docx
Companion/Similar bill(s): 3755
Introduced in the Senate on January 12, 2021
Last Amended on March 2, 2021
Currently residing in the Senate
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/9/2020 Senate Prefiled 12/9/2020 Senate Referred to Committee on Corrections and Penology 1/12/2021 Senate Introduced and read first time (Senate Journal-page 214) 1/12/2021 Senate Referred to Committee on Corrections and Penology (Senate Journal-page 214) 2/2/2021 Senate Polled out of committee Corrections and Penology (Senate Journal-page 5) 2/2/2021 Senate Committee report: Favorable Corrections and Penology (Senate Journal-page 5) 2/3/2021 Scrivener's error corrected 3/2/2021 Senate Amended 3/2/2021 Senate Read second time 3/2/2021 Senate Roll call Ayes-32 Nays-11
View the latest legislative information at the website
VERSIONS OF THIS BILL
Indicates Matter Stricken
Indicates New Matter
March 2, 2021
S. Printed 3/2/21--S.
Read the first time January 12, 2021.
TO AMEND SECTION 24-3-530 OF THE 1976 CODE, RELATING TO DEATH BY ELECTROCUTION OR LETHAL INJECTION, TO PROVIDE THAT A PERSON SENTENCED TO DEATH MAY ELECT FOR ELECTROCUTION OR LETHAL INJECTION IF LETHAL INJECTION IS AVAILABLE AT THE TIME OF ELECTION, TO PROVIDE THAT AN ELECTION EXPIRES AND MUST BE RENEWED IN WRITING IF THE CONVICTED PERSON RECEIVES A STAY OF EXECUTION OR THE EXECUTION DATE HAS PASSED, TO PROVIDE THAT A PENALTY MUST BE ADMINISTERED BY ELECTROCUTION FOR A PERSON WHO WAIVES HIS RIGHT OF ELECTION, TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS DIRECTOR 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, AND TO PROVIDE THAT THE MANNER OF INFLICTING A DEATH SENTENCE MUST BE ELECTROCUTION REGARDLESS OF THE METHOD ELECTED BY THE PERSON IF EXECUTION BY LETHAL INJECTION IS UNAVAILABLE OR IS HELD TO BE UNCONSTITUTIONAL BY AN APPELLATE COURT OF COMPETENT JURISDICTION.
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 convicted person, by firing squad or lethal injection, if it is available at the time of election, under the direction of the
Director Director of the Department of Corrections. The election for death by electrocution, firing squad, or lethal injection must be made in writing fourteen days before the each execution date or it is waived. If the convicted person receives a stay of execution or the execution date has passed for any reason, then the election expires and must be renewed in writing fourteen days before a new execution date. If the convicted 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.
(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 firing squad or lethal injection, if it is available, in writing fourteen days before the execution date. The convicted person must sign and date the 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 convicted person.
(E) The Department of Corrections must provide written notice to a convicted person of his right to election under this section.
(F) The Department of Corrections shall promulgate regulations that establish protocols and procedures for carrying out executions pursuant to this section."
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on March 2, 2021 at 3:07 PM