S 0555 General Bill, By McConnell
 A Bill to amend Section 16-3-26, as amended, Code of Laws of South Carolina,
 1976, relating to notice to a defense attorney of a solicitor's intention to
 seek the death penalty, the appointment of attorneys, and the provision of
 investigative, expert, and other services for an indigent facing the death
 penalty, so as to revise the number of attorneys appointed to defend an
 indigent facing the death penalty, and to, except in the case of a conflict,
 require the public defender to represent all indigents facing the death
 penalty.

   02/22/95  Senate Introduced and read first time SJ-5
   02/22/95  Senate Referred to Committee on Judiciary SJ-5

A BILL

TO AMEND SECTION 16-3-26, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE TO A DEFENSE ATTORNEY OF A SOLICITOR'S INTENTION TO SEEK THE DEATH PENALTY, THE APPOINTMENT OF ATTORNEYS, AND THE PROVISION OF INVESTIGATIVE, EXPERT, AND OTHER SERVICES FOR AN INDIGENT FACING THE DEATH PENALTY, SO AS TO REVISE THE NUMBER OF ATTORNEYS APPOINTED TO DEFEND AN INDIGENT FACING THE DEATH PENALTY, AND TO, EXCEPT IN THE CASE OF A CONFLICT, REQUIRE THE PUBLIC DEFENDER TO REPRESENT ALL INDIGENTS FACING THE DEATH PENALTY.

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

SECTION 1. Section 16-3-26(B) of the 1976 Code, as last amended by Section 45, Part II, Act 164 of 1993 (and as amended for fiscal year 1994-95 by paragraph 14.1, Part IB, Act 497 of 1994) is further amended to read:

"(B) Whenever any When 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 trial of the action. One of The attorneys so 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 appointed shall be the Public Defender or a member of his staff. In all cases A case where no conflict exists, the public defender or member of his staff shall must be appointed if qualified. If a conflict exists or neither the Public Defender nor a member of his staff is qualified, the court shall then turn first to the appoint a contract public defender attorneys, if qualified, before turning to the Office of Indigent Defense.

Notwithstanding any other another provision of law, the court shall order payment of all fees and costs from funds available to the Office of Indigent Defense for the defense of indigents. Any An attorney appointed shall must be compensated at a rate not to exceed fifty dollars an hour for time expended out of court and seventy-five dollars an hour for time expended in court. Compensation shall not exceed twenty-five thousand dollars and shall must be paid from funds available to the Office of Indigent Defense for the defense of indigents represented by court-appointed, private counsel."

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