H 4669 Session 125 (2023-2024) H 4669 General Bill, By Pace, Magnuson and Leber
A bill
TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING
SECTION 16-3-655, RELATING TO CRIMINAL SEXUAL CONDUCT WITH A MINOR, PENALTIES, and
Whereas, the South Carolina General Assembly believes that a person who is convicted of criminal sexual conduct with a victim who is less than eleven years of age creates a great risk of death and danger to the most precious and vulnerable members of this State; and
Whereas, such heinous crimes destroy the innocence of a young child and violate all standards of human decency held by civilized society; and
Whereas, the members of the South Carolina General Assembly assert that Kennedy v. Louisiana, 554 U.S. 407 (2008), was wrongly decided and infringes upon the power of the State to punish what it determines to be a monstrous and evil crime and punish those convicted as the State determines to be necessary and just. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-3-655(D) and (E) of the S.C. Code is amended to read:
(D)(1) A person convicted of a violation
of subsection (A)(1) is guilty of a felony and, upon conviction, must be imprisoned for a mandatory minimum of twenty-five years,
no part of which may be suspended nor probation granted, or must be imprisoned
for life. Inor in the case of a person
pleading guilty or nolo contendere to a violation of subsection (A)(1), the
judge must make a specific finding on the record regarding whether the type of
conduct that constituted the sexual battery involved sexual or anal intercourse
by a person or intrusion by an object. In the case of a person convicted at
trial for a violation of subsection (A)(1), the judge or jury, whichever is
applicable, must designate as part of the verdict whether the conduct that
constituted the sexual battery involved sexual or anal intercourse by a person
or intrusion by an object. If the person has previously
beenis convicted of, pled guilty or nolo
contendere to, or is adjudicated delinquent for
first degree criminal sexual conduct with a minor who is less than eleven years
of age or a federal or out-of-state offense that would
constitute first degree criminal sexual conduct with a minor who is less than
eleven years of age, he must be punished by death or by imprisonment for
life, as provided in this section. For the purpose of
determining a prior conviction under this subsection, the person must have been
convicted of, pled guilty or nolo contendere to, or adjudicated delinquent on a
separate occasion, prior to the instant adjudication, for first degree criminal
sexual conduct with a minor who is less than eleven years of age or a federal
or out-of-state offense that would constitute first degree criminal sexual
conduct with a minor who is less than eleven years of age. In order to
be eligible for the (2) A person convicted of a violation of subsection (A)(2) is guilty of a felony and, upon conviction, must be imprisoned for not less than ten years nor more than thirty years, no part of which may be suspended nor probation granted. (3) A person convicted of a violation of subsection (B) is guilty of a felony and, upon conviction, must be imprisoned for not more than twenty years in the discretion of the court. (4) A person convicted of a violation of subsection (C) is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than fifteen years, or both. (E) If the State seeks the (1)
When the State seeks the (2) In sentencing a person, upon conviction or adjudication of guilt of a defendant pursuant to this section, the judge shall consider, or he shall include in his instructions to the jury for it to consider, mitigating and aggravating circumstances pursuant to Section 16-3-20 as otherwise authorized or allowed by law and the following statutory aggravating and mitigating circumstances which may be supported by the evidence: (a) Statutory aggravating circumstances: (i) The victim's resistance was overcome by force. (ii) The victim was prevented from resisting the act because the actor was armed with a dangerous weapon. (iii) The victim was prevented from resisting the act by threats of great and immediate bodily harm, accompanied by an apparent power to inflict bodily harm. (iv) The victim is prevented from resisting the act because the victim suffers from a physical or mental infirmity preventing his resistance. (v) The crime was committed by a person with a prior conviction for murder. (vi) The offender committed the crime for himself or another for the purpose of receiving money or a thing of monetary value. (vii) The offender caused or directed another to commit the crime or committed the crime as an agent or employee of another person. (viii) The crime was committed against two or more persons by the defendant by one act, or pursuant to one scheme, or course of conduct. (ix) The crime was committed during the commission of burglary in any degree, kidnapping, or trafficking in persons. (b) Mitigating circumstances: (i) The defendant has no significant history of prior criminal convictions involving the use of violence against another person. (ii) The crime was committed while the defendant was under the influence of mental or emotional disturbance. (iii) The defendant was an accomplice in the crime committed by another person and his participation was relatively minor. (iv) The defendant acted under duress or under the domination of another person. (v) The capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of law was substantially impaired. (vi) The age or mentality of the defendant at the time of the crime. (vii) The defendant was below the age of eighteen at the time of the crime. The statutory
instructions as to statutory aggravating and mitigating circumstances must be
given in charge and in writing to the jury for its deliberation. The jury, if
its verdict is a recommendation of death, shall designate in writing, and
signed by all members of the jury, the statutory aggravating circumstance or
circumstances, which it found beyond a reasonable doubt. The jury, if it does
not recommend death, after finding a statutory aggravating circumstance or
circumstances beyond a reasonable doubt, shall designate in writing, and signed
by all members of the jury, the statutory aggravating circumstance or
circumstances it found beyond a reasonable doubt. In nonjury cases, the judge
shall make the designation of the statutory aggravating circumstance or
circumstances. Unless at least one of the statutory aggravating circumstances
enumerated in this section is found, the When a statutory
aggravating circumstance is found and a recommendation of death is made, the
trial judge shall sentence the defendant to death. The trial judge, before
imposing the (3) Notwithstanding the provisions of Section 14-7-1020, in cases involving capital punishment a person called as a juror must be examined by the attorney for the defense. (4) In a criminal action pursuant to this section, which may be punishable by death, a person may not be disqualified, excused, or excluded from service as a juror by reason of his beliefs or attitudes against capital punishment unless those beliefs or attitudes would render him unable to return a verdict according to law.
SECTION 2. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 3. This act takes effect upon approval by the Governor. ----XX---- This web page was last updated on January 9, 2024 at 4:40 PM |