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A43, R56, S200
STATUS INFORMATION
General Bill
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
Introduced in the House on March 4, 2021
Last Amended on May 5, 2021
Passed by the General Assembly on May 12, 2021
Governor's Action: May 14, 2021, Signed
Summary: Executions
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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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 (Senate Journal-page 59)
3/2/2021 Senate Read second time (Senate Journal-page 59)
3/2/2021 Senate Roll call Ayes-32 Nays-11 (Senate Journal-page 59)
3/3/2021 Scrivener's error corrected
3/3/2021 Senate Read third time and sent to House
(Senate Journal-page 168)
3/4/2021 House Introduced and read first time (House Journal-page 4)
3/4/2021 House Referred to Committee on Judiciary (House Journal-page 4)
4/28/2021 House Committee report: Favorable with amendment Judiciary
(House Journal-page 64)
5/4/2021 House Requests for debate-Rep(s). Murphy, Gatch, Finlay,
Wetmore, Weeks, Rose, Garvin, Teeder, Fry, Hart, S
Williams, Hosey, Jefferson, Forrest, Murray, Gilliard,
Bamberg, McDaniel, Collins, Henderson-Myeres,
Anderson, Ott, Pope, Taylor, Hixon, Dilliard,
Robinson, McGarry (House Journal-page 14)
5/5/2021 House Amended (House Journal-page 35)
5/5/2021 House Read second time (House Journal-page 35)
5/5/2021 House Roll call Yeas-66 Nays-43 (House Journal-page 61)
5/6/2021 House Read third time and sent to Senate
(House Journal-page 30)
5/6/2021 House Roll call Yeas-65 Nays-43 (House Journal-page 31)
5/12/2021 Senate Concurred in House amendment and enrolled
(Senate Journal-page 51)
5/12/2021 Senate Roll call Ayes-32 Nays-11 (Senate Journal-page 51)
5/13/2021 Ratified R 56
5/14/2021 Signed By Governor
6/1/2021 Effective date 05/14/21
6/1/2021 Act No. 43
View the latest legislative information at the website
VERSIONS OF THIS BILL
12/9/2020
2/2/2021
2/3/2021
3/2/2021
3/3/2021
4/28/2021
5/5/2021
(A43, R56, S200)
AN ACT 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 SENTENCED TO DEATH SHALL SUFFER THE PENALTY BY ELECTROCUTION OR BY FIRING SQUAD 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 DIRECTOR OF THE DEPARTMENT OF CORRECTIONS SHALL DETERMINE AND CERTIFY TO THE SUPREME COURT WHETHER THE METHOD SELECTED IS AVAILABLE, AND TO PROVIDE THAT THE MANNER OF INFLICTING A DEATH SENTENCE MUST BE ELECTROCUTION, UNLESS THE PERSON ELECTS DEATH BY FIRING SQUAD, IF EXECUTION BY LETHAL INJECTION IS UNAVAILABLE OR IS HELD TO BE UNCONSTITUTIONAL BY AN APPELLATE COURT OF COMPETENT JURISDICTION.
Be it enacted by the General Assembly of the State of South Carolina:
Death penalty, methods of execution
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 of the Department of Corrections. The election for death by electrocution, firing squad, or lethal injection must be made in writing fourteen days before 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 electrocution.
(B) Upon receipt of the notice of execution, the Director of the Department of Corrections shall determine and certify by affidavit under penalty of perjury to the Supreme Court whether the methods provided in subsection (A) are 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.
(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, unless the convicted person elects death by firing squad.
(E) The Department of Corrections must provide written notice to a convicted person of his right to election under this section and the available methods.
(F) The Department of Corrections shall establish protocols and procedures for carrying out executions pursuant to this section."
Severability clause
SECTION 2. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
Time effective
SECTION 3. This act takes effect upon approval by the Governor and applies to persons sentenced to death as provided by law prior to and after the effective date of this act.
Ratified the 13th day of May, 2021.
Approved the 14th day of May, 2021.
This web page was last updated on June 14, 2021 at 8:58 AM