Rep. BAMBERG proposes the following Amendment No. to S. 200 (COUNCIL\PH\200C002.JN.PH21):

Reference is to Printer's Date 3/2/21-S.

Amend the bill, as and if amended, SECTION 1, by adding an appropriately lettered subsection to read:

/ ( ) If, following an execution, a court determines that the imposition of the sentence of death was improper, a family member of the wrongfully executed may bring a private cause of action against the South Carolina Department of Corrections.

(1) Statutory immunities and limitations on liability, damages, or attorneys' fees do not apply to claims brought pursuant to this subsection.

(2) The provisions contained in Chapter 78, Title 15, the South Carolina Tort Claims Act, do not apply to claims brought pursuant to this subsection." /