S 0415 General Bill, By Martin
 A Bill to amend Section 16-3-20, Code of Laws of South Carolina, 1976,
 relating to the punishment for murder, so as to provide that the sentence for
 a person convicted of murder where an aggravating circumstance is found and
 where the imposition of the death penalty is not recommended must be life
 imprisonment without eligibility for parole.

   02/11/93  Senate Introduced and read first time SJ-7
   02/11/93  Senate Referred to Committee on Judiciary SJ-7

A BILL

TO AMEND SECTION 16-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO PROVIDE THAT THE SENTENCE FOR A PERSON CONVICTED OF MURDER WHERE AN AGGRAVATING CIRCUMSTANCE IS FOUND AND WHERE THE IMPOSITION OF THE DEATH PENALTY IS NOT RECOMMENDED MUST BE LIFE IMPRISONMENT WITHOUT ELIGIBILITY FOR PAROLE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 16-3-20(A) of the 1976 Code is amended to read:

"(A) A person who is convicted of or pleads guilty to murder must be punished by death or by imprisonment for life and is not eligible for parole until the service of twenty years; provided, however, except that when the State seeks the death penalty and an aggravating circumstance is specifically found beyond a reasonable doubt pursuant to subsections (B) and (C), and a recommendation of death is not made, the court must impose a sentence of life imprisonment without eligibility for parole until the service of thirty years. Provided, further, that Under no circumstances may a female who is pregnant with child be executed so long as she is in that condition. When the Governor commutes a sentence of death under the provisions of Section 14 of Article IV of the Constitution of South Carolina, 1895 this State, the commutee is not eligible for parole. No person sentenced under the provisions of this subsection may receive any work-release credits, good-time credits, or any other credit that would reduce the mandatory imprisonment required by this subsection."

SECTION 2. This act takes effect upon approval by the Governor.