H 3702 Session 110 (1993-1994)
H 3702 General Bill, By H.G. Hutson, Allison, Askins, Bailey, J.J. Bailey,
B.O. Baker, R.A. Barber, H. Brown, Cato, C.D. Chamblee, H.H. Clyborne, Cooper,
Davenport, L.L. Elliott, T.L. Farr, S.E. Gonzales, Harrell, Haskins, J. Hines,
D.N. Holt, W.S. Houck, T.E. Huff, Inabinett, M.F. Jaskwhich, Klauber, Lanford,
C.V. Marchbanks, J.G. Mattos, Moody-Lawrence, Phillips, Richardson, Robinson,
J.S. Shissias, Simrill, R. Smith, D. Smith, E.C. Stoddard, C.H. Stone, Stuart,
Trotter, Vaughn, D.C. Waldrop, Walker, C.C. Wells, Wilder, Wilkins, D. Williams,
Witherspoon, S.S. Wofford, H.G. Worley and Young-Brickell
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
14-1-213 so as to impose an additional five dollar fee in court costs to be
used exclusively for the defense of indigents in capital cases; to amend
Section 16-3-26, relating to defense of indigents in capital cases, so as to
reduce the number of court appointed attorneys, to establish a threshold for
validation of fees and costs, to require a hearing on fees, costs, and other
expenses, and to require the Supreme Court to promulgate a list of standard
fees and expenses allowed; and to repeal Section 17-23-70 relating to
appointment of counsel in capital cases.
03/11/93 House Introduced and read first time HJ-14
03/11/93 House Referred to Committee on Ways and Means HJ-14
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING SECTION 14-1-213 SO AS TO IMPOSE AN
ADDITIONAL FIVE DOLLAR FEE IN COURT COSTS TO BE USED
EXCLUSIVELY FOR THE DEFENSE OF INDIGENTS IN CAPITAL
CASES; TO AMEND SECTION 16-3-26, RELATING TO DEFENSE
OF INDIGENTS IN CAPITAL CASES, SO AS TO REDUCE THE
NUMBER OF COURT APPOINTED ATTORNEYS, TO ESTABLISH
A THRESHOLD FOR VALIDATION OF FEES AND COSTS, TO
REQUIRE A HEARING ON FEES, COSTS, AND OTHER
EXPENSES, AND TO REQUIRE THE SUPREME COURT TO
PROMULGATE A LIST OF STANDARD FEES AND EXPENSES
ALLOWED; AND TO REPEAL SECTION 17-23-70 RELATING TO
APPOINTMENT OF COUNSEL IN CAPITAL CASES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 14-1-213. In addition to all other fees, fines, and
court costs, there is imposed a fee of five dollars on every person who
is convicted of, pleads guilty to, or pleads nolo contender to an offense
in (1) general sessions court, or (2) magistrate's courts or municipal
courts of this State, except for a nonmoving traffic offense. This fee
must not be waived, reduced, or suspended. The clerk of court,
magistrate, or municipal judge shall collect the fee imposed by this
section and remit the proceeds to the State Treasurer on a monthly basis
for deposit to the credit of the general fund of the State to be used
exclusively for the defense of indigents in capital punishment
cases."
SECTION 2. Section 16-3-26 of the 1976 Code is amended to read:
"Section 16-3-26. (A) Whenever the solicitor seeks the death
penalty he shall notify the defense attorney of his intention to seek such
penalty at least thirty days prior to before the trial of the
case. At the request of the defense attorney, the defense attorney
shall must be excused from all other trial duties ten days
prior to before the term of court in which the trial is to
be held.
(B) Whenever any a person is charged with murder
and the death penalty is sought, the court, upon determining that
such the person is unable financially to retain adequate
legal counsel, shall appoint two attorneys one attorney
to defend such the person in the at a
trial of the action. One of the attorneys so The
attorney appointed shall have at least five years' experience as a
licensed attorney and at least three years' experience in the actual trial
of felony cases, and only one of the attorneys so. The
attorney appointed shall may be the Public
Defender or a member of his staff.
Notwithstanding any other provision of law, the court shall order
payment of fees and costs, not to exceed five thousand dollars per
trial from funds appropriated for the defense of indigents. Fees
and costs, including attorney fees, amounting to ten thousand dollars or
less need not be approved by the court before completion of trial. Fees
and costs in excess of ten thousand dollars anticipated by the defense
must be submitted to the court for review and validation, as provided in
this section, before trial is completed. Fees and costs in excess of the
standard fees and costs must not be paid until after the hearing provided
in this section.
(C) Upon a finding in ex parte proceedings that investigative, expert,
or other services are reasonably necessary for the representation of the
defendant whether in connection with issues relating to guilt or sentence,
the court shall authorize the defendant's attorneys
attorney to obtain such these services on behalf
of the defendant and shall order the payment, of fees and
expenses from state funds appropriated for the defense of
indigents, of fees and expenses not to exceed twenty-five hundred
dollars as the court shall deem considers
appropriate. Upon a finding that timely procurement of such
services cannot await prior authorization, the court may authorize the
provision of and payment for such services nunc pro tunc.
(D) After completion of the trial, the court shall conduct a
hearing to review and validate the fees, costs, and other expenditures on
behalf of the defendant. In this hearing, the court shall review the list of
standard fees and expenses and shall award payment based upon
guidelines prepared and adopted by Court Administration for the defense
of indigents. Payment as awarded by the court must be from funds
generated for the defense of indigents.
(E) The Supreme Court, through Court Administration, shall
promulgate a list of standard fees and expenses for use in the defense of
indigents. The list must be reviewed biennially and adjusted as
necessary by Court Administration. In addition, the ten thousand dollars
spending threshold provided in this section also must be reviewed every
five years and adjusted as necessary by Court Administration. The list
of standard fees and expenses must be promulgated within sixty days of
the effective date of this section."
SECTION 3. Section 17-23-70 of the 1976 Code is repealed.
SECTION 4. This act takes effect upon approval by the Governor.
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