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Indicates Matter Stricken
Indicates New Matter
AMENDED
April 11, 2000
S. 85
S. Printed 4/11/00--H.
Read the first time April 27, 1999.
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 FOR EITHER HIS COUNSEL OR A MINISTER OF THE GOSPEL, OR TWO PERSONS FOR BOTH HIS COUNSEL AND A MINISTER OF THE GOSPEL.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 24-3-550 of the 1976 Code, as last amended by Act 24 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; and
(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
(B)(5) the counsel for the convict and a minister of the gospel may be present., but the convict may substitute one person from his immediate family for either his counsel or a minister of the gospel, or two persons from his immediate family for both his counsel and a minister of the gospel. 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 other person is authorized to witness an execution.
(C) The department shall promulgate regulations 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."
SECTION 2. This act takes effect upon approval by the Governor.
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