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Current Status Bill Number:View additional legislative information at the LPITS web site.85 Ratification Number:262 Act Number:247 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19990112 Primary Sponsor:Thomas All Sponsors:Thomas, Giese Drafted Document Number:l:\council\bills\ggs\22025cm99.doc Date Bill Passed both Bodies:20000419 Date of Last Amendment:20000413 Governor's Action:S Date of Governor's Action:20000501 Subject:Execution, witnesses at; prisoner may substitute persons to view; Prisons, Crimes and Offenses, Corrections Department History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20000516 Act No. A247 ------ 20000501 Signed by Governor ------ 20000426 Ratified R262 House 20000419 Concurred in Senate amendment, enrolled for ratification Senate 20000413 House amendments amended, returned to House with amendment House 20000412 Read third time, returned with amendment House 20000411 Amended, read second time House 20000405 Committee report: Favorable with 25 HJ amendment House 19990427 Introduced, read first time, 25 HJ referred to Committee Senate 19990427 Read third time, sent to House Senate 19990422 Read second time Senate 19990422 Committee amendment adopted Senate 19990420 Committee report: Favorable with 03 SCP amendment Senate 19990112 Introduced, read first time, 03 SCP referred to Committee Senate 19981118 Prefiled, referred to Committee 03 SCP Versions of This Bill Revised on April 20, 1999 - Word format Revised on April 22, 1999 - Word format Revised on April 5, 2000 - Word format Revised on April 11, 2000 - Word format Revised on April 13, 2000 - Word format
(A247, R262, S85)
AN ACT TO AMEND SECTION 24-3-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITNESSES PERMITTED TO VIEW AN EXECUTION, SO AS TO PROVIDE THAT A CONVICT MAY SUBSTITUTE ONE PERSON FROM HIS IMMEDIATE FAMILY FOR EITHER HIS COUNSEL OR A RELIGIOUS LEADER AS A WITNESS PERMITTED TO VIEW HIS EXECUTION, OR MAY SUBSTITUTE TWO PERSONS FROM HIS IMMEDIATE FAMILY FOR BOTH HIS COUNSEL AND A RELIGIOUS LEADER AS WITNESSES PERMITTED TO VIEW HIS EXECUTION, TO PROVIDE A DEFINITION FOR THE TERM "IMMEDIATE FAMILY", TO LIMIT THE NUMBER OF PERSONS PERMITTED TO WITNESS AN EXECUTION, AND TO DIRECT THE DEPARTMENT OF CORRECTIONS TO ESTABLISH INTERNAL POLICIES RATHER THAN PROMULGATE REGULATIONS TO GOVERN THE SELECTION OF MEDIA REPRESENTATIVES PERMITTED TO VIEW AN EXECUTION.
Be it enacted by the General Assembly of the State of South Carolina:
Witnesses permitted to view an execution
SECTION 1. Section 24-3-550 of the 1976 Code, as last amended by Act 124 of 1997, is further amended to read:
"Section 24-3-550. (A) To carry out an execution properly, the executioner and necessary staff must be present at the execution. In addition, the following persons may be present:
(1) three representatives, approved by the director, of the family of a victim of the crime for which a death penalty was imposed, provided that, if there is more than one victim, the director may reduce the number of family representatives to one representative for each victim's family; provided further that, if there are more than two victims, the director may restrict the total number of victims' representatives present in accordance with the space limitations of the Capital Punishment Facility;
(2) the solicitor, or an assistant solicitor designated by the solicitor, for the county where the offense occurred;
(3) a group of not more than three representatives of the South Carolina media, one of whom must represent the dominant wire service, one of whom must represent the print media, and one of whom must represent the electronic news media;
(4) the chief law enforcement officer, or an officer designated by the chief, from the law enforcement agency that had original jurisdiction in the case; and
(5) the counsel for the convict and a religious leader. However, the convict may substitute one person from his immediate family for either his counsel or a religious leader, or two persons from his immediate family for both his counsel and a religious leader. For purposes of this item, 'immediate family' means those persons eighteen years of age or older who are related to the convict by blood, adoption, or marriage within the second degree of consanguinity.
(B) Other than those persons specified in subsection (A), no person is authorized to witness an execution.
(C) The department shall establish internal policies to govern the selection of media representatives.
(D) Witnesses authorized or approved pursuant to this section shall not possess telephonic equipment, cameras, or recording devices in the Capital Punishment Facility during an execution.
(E) For security purposes, the director may exclude any person who is authorized or approved pursuant to this section from the Capital Punishment Facility."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Ratified the 26th day of April, 2000.
Approved the 1st day of May, 2000.
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