S 0250 General Bill, By Martin, Courson, Courtney, Gregory, Leventis, 
L.E. Richter and M.T. Rose

Similar(S 309, H 3097)
 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 MUST BE LIFE IMPRISONMENT WITHOUT ELIGIBILITY FOR
 PAROLE WHEN AN AGGRAVATING CIRCUMSTANCE IS FOUND AND WHEN THE IMPOSITION OF
 THE DEATH PENALTY IS NOT RECOMMENDED.

   10/31/94  Senate Prefiled
   10/31/94  Senate Referred to Committee on Judiciary
   01/10/95  Senate Introduced and read first time SJ-86
   01/10/95  Senate Referred to Committee on Judiciary SJ-86
   01/25/95  Senate Committee report: Favorable Judiciary SJ-15
   01/10/96  Senate Recommitted to Committee on Judiciary SJ-36

COMMITTEE REPORT

January 25, 1995

S. 250

Introduced by SENATORS Martin, Courtney, Courson, Rose, Gregory, Leventis and Richter

S. Printed 1/25/95--S.

Read the first time January 10, 1995.

To whom was referred a Bill (S. 250), to amend Section 16-3-20, Code of Laws of South Carolina, 1976, relating to the punishment for murder, etc., respectfully

That they have duly and carefully considered the same, and recommend that the same do pass:

LARRY A. MARTIN, for Committee.

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 MUST BE LIFE IMPRISONMENT WITHOUT ELIGIBILITY FOR PAROLE WHEN AN AGGRAVATING CIRCUMSTANCE IS FOUND AND WHEN THE IMPOSITION OF THE DEATH PENALTY IS NOT RECOMMENDED.

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 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.