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.