H 4675 Session 110 (1993-1994)
H 4675 General Bill, By H.H. Clyborne, Cato, Cooper, Littlejohn, C.H. Stone and
Walker
A Bill to amend Section 16-3-20, as amended, Code of Laws of South Carolina,
1976, relating to punishment for murder, so as to require that at least ten
jurors must vote for the death penalty instead of a unanimous vote.
02/03/94 House Introduced and read first time HJ-5
02/03/94 House Referred to Committee on Judiciary HJ-5
A BILL
TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO PUNISHMENT FOR
MURDER, SO AS TO REQUIRE THAT AT LEAST TEN JURORS
MUST VOTE FOR THE DEATH PENALTY INSTEAD OF A
UNANIMOUS VOTE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The last two paragraphs of Section 16-3-20(C) of the
1976 Code are amended to read:
"The statutory instructions as to aggravating and mitigating
circumstances shall must be given in charge and in
writing to the jury for its deliberation. The jury, if its verdict be
is a recommendation of death, shall designate in writing, and
signed by all the ten members of the jury voting for
death, the aggravating circumstance or circumstances which it
found beyond a reasonable doubt. The If the jury, if
it does not recommend death, after finding an aggravating
circumstance or circumstances beyond a reasonable doubt, it
shall designate, in writing, and signed by all members of the
jury, designate the aggravating circumstance or circumstances
it found beyond a reasonable doubt. In nonjury cases the judge shall
make such the designation. Unless at least one of the
statutory aggravating circumstances enumerated in this section is
so found, the death penalty shall must not be
imposed.
Where a statutory aggravating circumstance is found and a
recommendation of death is made, the court shall sentence the defendant
to death. The trial judge, prior to before imposing the
death penalty , shall find as an affirmative fact that the death penalty was
warranted under the evidence of the case and was not a result of
prejudice, passion, or any other another arbitrary factor.
Where a sentence of death is not recommended by the jury, the court
shall sentence the defendant to life imprisonment as provided in
subsection (A). In the event that all at least ten
members of the jury, after a reasonable deliberation,
cannot agree on a recommendation as to whether or not the death
sentence should be imposed on a defendant found guilty of murder, the
trial judge shall dismiss such the jury and shall sentence
the defendant to life imprisonment as provided in subsection (A).
Before dismissing the jury, the trial judge shall question the jury as to
whether or not it found an aggravating circumstance or circumstances
beyond a reasonable doubt. If the jury has found an aggravating
circumstance or circumstances beyond a reasonable doubt, the jury shall
designate this finding, in writing, signed by all the members of the jury.
The jury shall not recommend the death penalty if the at least
ten jurors do not vote for such this penalty is
not unanimous as provided."
SECTION 2. This act takes effect upon approval by the Governor.
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