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Current Status Bill Number:View additional legislative information at the LPITS web site.4094 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19990513 Primary Sponsor:J.H. Neal All Sponsors:J.H. Neal Drafted Document Number:l:\council\bills\bbm\9273ac99.doc Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Murder, death penalty not to be imposed when person under eighteen when committed; Crimes and Offenses, Execution History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 19990513 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill
TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUNISHMENT FOR MURDER, SO AS TO PROVIDE THAT A PERSON MAY NOT BE EXECUTED IF THE PERSON WAS UNDER EIGHTEEN YEARS OLD WHEN THE CRIME WAS COMMITTED AND TO DELETE THE MITIGATING CIRCUMSTANCE OF BEING UNDER THE AGE OF EIGHTEEN WHEN THE CRIME WAS COMMITTED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-3-20(A) of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:
"(A) A person who is convicted of or pleads guilty to murder must be punished by death, by imprisonment for life, or by a mandatory minimum term of imprisonment for thirty years. If the State seeks the death penalty and a statutory aggravating circumstance is found beyond a reasonable doubt pursuant to subsections (B) and (C), and a recommendation of death is not made, the trial judge must impose a sentence of life imprisonment. For purposes of this section, "life imprisonment" means until death of the offender. No person sentenced to life imprisonment pursuant to this section is eligible for parole, community supervision, or any early release program, nor is the person eligible to receive any work credits, education credits, good conduct credits, or any other credits that would reduce the mandatory life imprisonment required by this section. No person sentenced to a mandatory minimum term of imprisonment for thirty years pursuant to this section is eligible for parole or any early release program, nor is the person eligible to receive any work credits, education credits, good conduct credits, or any other credits that would reduce the mandatory minimum term of imprisonment for thirty years required by this section. Under no circumstances may a female who is pregnant be executed so long as she is pregnant or for a period of at least nine months after she is no longer pregnant. Under no circumstances may a person be executed if the person was under eighteen years of age when the crime was committed. When the Governor commutes a sentence of death to life imprisonment under the provisions of Section 14 of Article IV of the Constitution of South Carolina, 1895, the commutee is not eligible for parole, community supervision, or any early release program, nor is the person eligible to receive any work credits, good conduct credits, education credits, or any other credits that would reduce the mandatory imprisonment required by this subsection."
SECTION 2. Section 16-3-20(C)(b)(9) of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:
"(9) The defendant was below the age of eighteen at the time of the crime. (Reserved)
SECTION 3. This act takes effect upon approval by the Governor.
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