S 0956 General Bill, By Hawkins
 A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO PUNISHMENT FOR A PERSON CONVICTED OF MURDER, SO AS TO
 PROVIDE THAT A JUDGE MAY IMPOSE A DEATH SENTENCE UPON A PERSON CONVICTED OF
 MURDER IF A LESS THAN UNANIMOUS JURY RECOMMENDS A SENTENCE OF DEATH.

   01/31/02  Senate Introduced and read first time SJ-5
   01/31/02  Senate Referred to Committee on Judiciary SJ-5

TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUNISHMENT FOR A PERSON CONVICTED OF MURDER, SO AS TO PROVIDE THAT A JUDGE MAY IMPOSE A DEATH SENTENCE UPON A PERSON CONVICTED OF MURDER IF A LESS THAN UNANIMOUS JURY RECOMMENDS A SENTENCE OF DEATH.

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

SECTION 1. The third paragraph of Section 16-3-20(C) of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:

"Where a statutory aggravating circumstance is found and a recommendation of death is made by at least the total number of jurors minus one, the trial judge shall may sentence the defendant to death. Where a statutory aggravating circumstance is found and a recommendation of death is made by all jurors, the trial judge shall sentence the defendant to death. The trial judge, 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 statutory aggravating circumstance is found and a sentence of death is not recommended by the jury, the trial judge 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 a statutory aggravating circumstance or circumstances beyond a reasonable doubt. If the jury at least the total number of jurors minus one does not unanimously find any a statutory aggravating circumstances circumstance or circumstances beyond a reasonable doubt, it shall not make a sentencing recommendation. Where a statutory aggravating circumstance is not found, the trial judge shall sentence the defendant to either life imprisonment or a mandatory minimum term of imprisonment for thirty years. No person sentenced to life imprisonment or a mandatory minimum term of imprisonment for thirty years under this section is eligible for parole or to receive any work credits, good conduct credits, education credits, or any other credits that would reduce the sentence required by this section. If the jury has found a statutory 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 vote for such that penalty is not unanimous as provided. If 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)."

SECTION 2. This act takes effect upon approval by the Governor and upon the certification of an amendment to Section 22, Article V of the Constitution of South Carolina, 1895, that would provide that at least the total number of jurors minus one may recommend a sentence of death to a judge for a person convicted of murder.