South Carolina General Assembly
106th Session, 1985-1986
Journal of the House of Representatives

THURSDAY, FEBRUARY 27, 1986

Thursday, February 27, 1986
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

O God of compassion and understanding, in Whom we find peace for our lives and ability for our tasks, give us ears sensitive to hear Your voice, desires to learn Your way, and obedient wills to follow Your beckoning. We are grateful for this privilege to work in Your vineyard. Help us to do our part well, to think clearly, to speak kindly, to act courageously, and to walk in the light of Your Word. Whatever this day holds, may we face it calmly and confidently in the sure and certain knowledge of Your unbounded wisdom and unlimited help. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by Rep. HOLT.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

INVITATION

The following was received and referred to the Committee on Invitations and Memorial Resolutions.

February 19, 1986
Representative Ramon Schwartz, Jr.
509 A Blatt Bldg.
Columbia, S.C. 29211

Dear Representative Schwartz:

Attached is an invitation to participate in a Hunger Awareness Tour on March 13, 1986. We would appreciate your placing this tour on the House calendar for March 13 so that each representative will know about the tour and arrange to participate.

As you know, the Governor's Nutrition and Hunger Study Committee will make a report to the legislature during the current session. The March 13 tour is an opportunity for representatives to gain first-hand knowledge of the realities that hungry people face.

We look forward to your joining us on the 13th for the Bread for the World Hunger Awareness Tour. We hope that you may use your influence to encourage the full Senate to participate in the tour.

Sincerely,
Mrs. Jan Hines
Coordinator, Bread for the

World Chapter - District #2

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1053 -- Senator Long: A CONCURRENT RESOLUTION TO CONGRATULATE MAYOR H. BLUE HUCKABEE OF THE TOWN OF SURFSIDE BEACH IN HORRY COUNTY ON BEING RECOGNIZED BY THE SOUTH CAROLINA COASTAL COUNCIL FOR HIS CONSISTENT AND HERCULEAN EFFORTS TO PROTECT THE ENVIRONMENT AND PRESERVE THE BEACHES OF THE STATE.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

INTRODUCTION OF BILLS

The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:

H. 3567 -- Reps. Edwards and P. Harris: A JOINT RESOLUTION TO PROVIDE FOR THE HANDLING OF CERTAIN OIL OVERCHARGE REFUND MONIES, INCLUDING THE IMPOSITION OF DUTIES AND RESPONSIBILITIES UPON THE JOINT LEGISLATIVE COMMITTEE ON ENERGY; TO REQUIRE THAT ANY STATE AGENCY, BOARD, COMMISSION, INSTITUTION, OR OTHER ENTITY FUNDED FROM THE GENERAL FUND OF THE STATE WHICH RECEIVES A FINANCIAL GAIN AS A RESULT OF ENERGY EFFICIENCY IMPROVEMENTS UNDERTAKEN AS A RESULT OF THE STATE'S ENERGY PROGRAMS MUST BE EVALUATED AS TO THE ACTUAL ANNUAL DOLLAR SAVINGS ATTAINED; TO PROVIDE FOR THE REPORTING OF THE COST SAVINGS; TO PROVIDE FOR THE DEPOSIT OF OIL OVERCHARGE FUNDS IN INTEREST-BEARING ACCOUNTS AND FOR THE EARMARKING OF INTEREST EARNED; AND TO PROVIDE, AMONG OTHER THINGS, THAT THE STATE AUDITOR SHALL CONDUCT AN ANNUAL FINANCIAL COMPLIANCE AUDIT AND BUDGET ADEQUATE FUNDS TO COVER ITS COST.

Referred to Committee on Ways and Means.

H. 3568 -- Ways and Means Committee: A BILL TO ESTABLISH THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN, TO PROVIDE FOR A GOVERNING BODY THEREFOR TO BE KNOWN AS THE POLICY COUNCIL, TO PROVIDE FOR AN ADVISORY COUNCIL FOR THIS GOVERNING BODY, AND TO PROVIDE FOR THE POWERS, DUTIES, AND FUNCTIONS OF THE CONTINUUM OF CARE.

Without reference.

H. 3569 -- Reps. Tucker, P. Harris, Townsend, Kay, Cooper, Chamblee, Lewis, Davenport, Blackwell, J.H. Burriss, J.W. Johnson, Neilson and Hayes: A BILL TO AMEND SECTION 20-1-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF MARRIAGE LICENSES, SO AS TO PROVIDE FOR THE PAYMENT OF A FEE AS MAY BE SET BY THE GOVERNING BODY OF EACH COUNTY, RATHER THAN A FEE OF ONE DOLLAR.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 3570 -- Reps. Hearn, M.D. Burriss, Koon, Huff, Thrailkill, T.M. Burriss, Kay and Woodruff: A BILL TO TRANSFER THE FUNCTIONS OF PROTECTIVE SERVICES, FOSTER CARE, AND ADOPTION OF CHILDREN FROM THE DEPARTMENT OF SOCIAL SERVICES TO THE CHILDREN'S BUREAU AND PROVIDE FOR A SCHEDULE OF THE TRANSFER.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 3571 -- Reps. McLeod, G. Brown, Barfield, W. Arthur and R. Brown: A BILL TO AMEND SECTION 38-51-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSES REQUIRED OF INSURANCE AGENTS AND EXCEPTIONS THERETO SO AS TO PERMIT A QUALIFIED LIFE, HEALTH, OR GROUP INSURANCE AGENT TO PRESENT A PROPOSAL FOR INSURANCE ON BEHALF OF AN INSURER FOR WHICH THE AGENT IS NOT SPECIFICALLY LICENSED UNDER CERTAIN CONDITIONS.

Referred to Committee on Labor, Commerce and Industry.

H. 3572 -- Rep. Rawl: A BILL TO AMEND SECTIONS 61-3-710, AND 61-5-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN LICENSES OR PERMITS ISSUED BY THE ALCOHOLIC AND BEVERAGE CONTROL COMMISSION SO AS TO PROVIDE THAT THESE LICENSES OR PERMITS EXPIRE ON SEPTEMBER THIRTIETH OF EACH YEAR AND TO PROVIDE THAT THESE PERMITS AND LICENSES ISSUED FOR THE 1986-87 LICENSE YEAR SHALL EXPIRE ON SEPTEMBER 30, 1987; TO AMEND SECTION 61-5-80, AS AMENDED, RELATING TO LICENSE FEES TO SELL ALCOHOLIC LIQUORS IN SEALED CONTAINERS OF TWO OUNCES OR LESS SO AS TO REVISE THE MANNER IN WHICH FEES FOR PARTIAL LICENSE YEARS ARE COMPUTED; AND TO AMEND SECTION 61-9-310 RELATING TO PERMITS TO SELL BEER OR WINE SO AS TO PROVIDE THAT THESE PERMITS SHALL EXPIRE ON SEPTEMBER THIRTIETH OF EACH YEAR, TO PROVIDE THAT PERMITS ISSUED FOR LICENSE YEAR 1986-87 EXPIRE ON SEPTEMBER 30, 1987, AND TO ELIMINATE THE PERMIT FOR THE SALE OF BEER FOR CONSUMPTION OFF OF THE PREMISES.

Referred to Committee on Ways and Means.

H. 3573 -- Reps. McLellan and Edwards: A BILL TO AMEND ARTICLE 3, CHAPTER 27 OF TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW, BY ADDING SECTION 41-27-410 SO AS TO PROVIDE FOR A DEFINITION OF EMPLOYMENT SECURITY ADMINISTRATIVE CONTINGENCY ASSESSMENTS; TO AMEND SECTIONS 41-31-10, 41-31-40, 41-31-50, AS AMENDED, 41-31-60, AS AMENDED, 41-31-80, AS AMENDED, AND 41-31-670, RELATING TO CERTAIN EMPLOYER CONTRIBUTIONS OR CONTRIBUTION RATES UNDER THE EMPLOYMENT SECURITY LAW, SO AS TO REVISE THESE RATES; TO AMEND SECTION 41-31-150, RELATING TO THE TREATMENT OF FRACTIONS OF A CENT UNDER THE EMPLOYMENT SECURITY LAW; TO AMEND SECTION 41-31-360, RELATING TO ADJUSTMENTS AND REFUNDS; TO AMEND SECTION 41-31-380, RELATING TO A LIEN FOR CONTRIBUTIONS, INTEREST, PENALTIES, AND COSTS; TO AMEND SECTION 41-31-390, RELATING TO THE ISSUANCE OF WARRANTS OF EXECUTION FOR COLLECTION OF CONTRIBUTIONS; AND TO AMEND SECTION 41-31-400, RELATING TO THE PROCEDURES UNDER EXECUTION, SO AS TO INCLUDE CERTAIN REFERENCES TO EMPLOYMENT SECURITY ADMINISTRATIVE CONTINGENCY ASSESSMENTS WITHIN THESE SECTIONS; TO AMEND CHAPTER 31 OF TITLE 41 OF THE 1976 CODE, RELATING TO CONTRIBUTIONS AND PAYMENTS UNDER THE EMPLOYMENT SECURITY LAW BY ADDING ARTICLE 9 SO AS TO PROVIDE FOR THE PAYMENT AND COLLECTION OF EMPLOYMENT SECURITY ADMINISTRATIVE CONTINGENCY ASSESSMENTS; AND TO AMEND ARTICLE 5, CHAPTER 33 OF TITLE 41 OF THE 1976 CODE, RELATING TO THE EMPLOYMENT SECURITY SPECIAL ADMINISTRATION FUND BY ADDING SECTION 41-33-710 SO AS TO ESTABLISH THE EMPLOYMENT SECURITY ADMINISTRATIVE CONTINGENCY FUND AND PROVIDE FOR THE MANNER IN WHICH THE MONEY IN THIS FUND MUST BE DEPOSITED, ADMINISTERED, AND DISBURSED.

Referred to Committee on Ways and Means.

H. 3574 -- Reps. McLellan and Edwards: A BILL TO AMEND SECTION 41-31-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RATE ON UNEMPLOYMENT COMPENSATION CONTRIBUTIONS FOR DELINQUENT REPORTS, SO AS TO REVISE THIS RATE; TO AMEND SECTION 41-31-110, RELATING TO THE COMPUTATION OF UNEMPLOYMENT COMPENSATION RATES FOR SUCCESSORS OF AN EMPLOYER, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE RATES ARE TO BE COMPUTED; TO AMEND SECTION 41-31-140, RELATING TO THE PROHIBITION AGAINST THE TRANSFER OF EXPERIENCED RATING ACCOUNTS OF TRANSFERRING EMPLOYERS EXCEPT UNDER CERTAIN CONDITIONS, SO AS TO FURTHER PROVIDE FOR THESE CONDITIONS; AND TO AMEND SECTION 41-35-20, AS AMENDED, RELATING TO THE PAYMENT OF CERTAIN UNEMPLOYMENT COMPENSATION BENEFITS, SO AS TO PROVIDE FOR THE DENIAL OF BENEFITS TO EMPLOYEES OF EDUCATIONAL SERVICES AGENCIES DURING ESTABLISHED AND CUSTOMARY VACATION PERIODS OR HOLIDAY RECESSES.

Referred to Committee on Ways and Means.

H. 3575 -- Reps. McKay, McEachin, Sturkie, Aydlette, Freeman, M.D. Burriss, J. Harris, J. Rogers, P. Harris, Thrailkill, Rawl, McLeod, Tucker, Nettles, Gregory, R. Brown, Gentry, Schwartz, Altman, Russell, L. Martin, Foxworth, D. Martin, Hearn, O. Phillips, J. Arthur and W. Arthur: A BILL TO AMEND SECTION 15-37-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECOVERING OF COSTS AND DISBURSEMENTS IN CIVIL ACTIONS, SO AS TO PROVIDE THAT THE TERM "COSTS" FOR PURPOSES OF THE SECTION SHALL INCLUDE ATTORNEY FEES WHEN THE COURT DETERMINES THAT THE ACTION BROUGHT OR THE DEFENSES RAISED WERE FRIVOLOUS.

Referred to Committee on Judiciary.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows:

Schwartz               Alexander              Altman
Anderson, J.           Anderson, S.           Arthur, J.
Arthur, W.             Bailey, K.             Barfield
Beasley                Bennett                Blackwell
Boan                   Bradley, J.            Bradley, P.
Brett                  Brown, H.              Brown, R.
Burriss, J.H.          Burriss, T.M.          Carnell
Chamblee               Cleveland              Cooper
Cork                   Dangerfield            Davenport
Derrick                Elliott                Faber
Felder                 Ferguson               Foster
Foxworth               Freeman                Gilbert
Harris, J.             Harris, P.             Hawkins
Hayes                  Hearn                  Helmly
Hendricks, B.          Hendricks, L.          Holt
Johnson, J.W.          Jones                  Kay
Keyserling             Kirsh                  Klapman
Kohn                   Mangum                 Martin, D.
Martin, L.             Mattos                 McAbee
McBride                McEachin               McKay
McLellan               McLeod                 McTeer
Mitchell               Nettles                Ogburn
Pearce                 Petty                  Phillips, L.
Rhoad                  Rice                   Rogers, J.
Russell                Sharpe                 Sheheen
Shelton                Simpson                Stoddard
Sturkie                Taylor                 Thrailkill
Townsend               Tucker                 Washington
White                  Wilkins                Williams
Winstead

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on February 27, 1986.

Donna Moss                        James C. Johnson
James E. Lockemy                  D. L. Aydlette, Jr.
Mike Fair                         Grady Brown
Denny W. Neilson                  George H. Bailey
Olin R. Phillips                  Parker Evatt
B. J. Gordon                      Fred Day
Mickey Burriss                    Edwin S. Lake
Dave C. Waldrop                   Charles L. Griffin III
Timothy Rogers                    John J. Snow, Jr.
Jack Gregory                      A. V. Rawl
Crosby Lewis                      Tom G. Woodruff, Jr.
Larry Koon
Total Present--111

LEAVES OF ABSENCE

The SPEAKER granted Reps. MARCHANT, BLATT and TOAL a leave of absence for the day.

STATEMENT OF ATTENDANCE

Reps. T.M. BURRISS, P. EVATT and T.F. ROGERS signed a statement with the Clerk that they came in after the roll call and were present for the Session on Wednesday, February 26, 1986.

DOCTOR OF THE DAY

Announcement was made that Dr. Gerald A. Wilson of Columbia is the Doctor of the Day for the General Assembly.

ORDERED TO THIRD READING

The following Bill and Joint Resolution were taken up, read the second time, and ordered to a third reading:

S. 977 -- Senator Nell Smith: A BILL TO AMEND SECTION 7-7-450, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN PICKENS COUNTY, SO AS TO DELETE THE NUMERICAL DESIGNATION OF EACH PRECINCT.

H. 3561 -- Reps. Helmly, Snow, Williams and Rhoad: A JOINT RESOLUTION TO INCREASE THE LIMIT ON THE TAKING OF BLUEBACK HERRING AND GIZZARD SHAD IN 1986 ONLY IN LAKE MOULTRIE AND THE TAILRACE CANAL.

H. 3514--AMENDED AND SENT TO THE SENATE

The following Joint Resolution was taken up.

H. 3514 -- Education and Public Works Committee: A JOINT RESOLUTION TO PROVIDE THAT FOR THE FISCAL YEAR 1986-87 ONLY MORE THAN TWENTY-FIVE PERCENT OF A COUNTY'S "C" FUNDS MAY BE USED FOR ROCKING OR IMPROVING COUNTY ROADS AND STREET AND TRAFFIC SIGNS.

Rep. STODDARD explained the Joint Resolution.

Rep. STODDARD asked unanimous consent to amend the Resolution at the desk by inserting on line 28 "a majority of" after the word "by", which was agreed to.

The Resolution, as amended, was read the third time and ordered sent to the Senate.

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for Ratification.

S. 1049 -- Senator McGill: A BILL TO AMEND SECTION 50-17-2110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHAD FISHING WITH GILL NETS IN A PORTION OF THE SANTEE RIVER IN WILLIAMSBURG COUNTY, SO AS TO PROVIDE GILL NETS MAY BE USED ON TUESDAY AND THURSDAY OF ONE WEEK BEGINNING AT 7:00 P.M. UNTIL 6:00 A.M. THE FOLLOWING DAY AND ON WEDNESDAY AND FRIDAY OF THE FOLLOWING WEEK BEGINNING AT 7:00 P.M. UNTIL 6:00 A.M. OF THE FOLLOWING DAY INSTEAD OF THE ENTIRE TWENTY-FOUR HOUR PERIOD OF THE NAMED DAYS.

ORDERED TO THIRD READING, RECONSIDERED AND
DEBATE ADJOURNED

The following Bill was taken up, read the second time, and ordered to a third reading:

H. 3540 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 40-21-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENGINEERS AND LAND SURVEYORS, SO AS TO CHANGE THE DEFINITION OF "PRACTICE OF LAND SURVEYING" SO AS TO EXPAND THE DEFINITION, INCLUDE THE WORK A TIER B LAND SURVEYOR MAY PERFORM AND DEFINE THE TERM "ABET" AS MEANING THE ACCREDITATION BOARD FOR ENGINEERING AND TECHNOLOGY; TO AMEND THE 1976 CODE BY ADDING SECTION 40-21-195 SO AS TO ESTABLISH THE QUALIFICATION FOR A TIER B LAND SURVEYOR; TO AMEND SECTION 40-21-200, AS AMENDED, RELATING TO THE QUALIFICATIONS OF A LAND SURVEYOR, SO AS TO ESTABLISH THE QUALIFICATIONS OF A TIER A LAND SURVEYOR; TO AMEND SECTION 40-21-206, RELATING TO THE QUALIFICATIONS FOR A SURVEYOR-IN-TRAINING, SO AS TO REQUIRE THAT APPLICANTS MUST MEET THE STANDARDS OF THE ACCREDITATION BOARD FOR ENGINEERS AND TECHNOLOGY AND TO DELETE THE REQUIREMENT THAT AN APPLICANT MUST BE A GRADUATE OF A HIGH SCHOOL OR POSSESS A STATE EQUIVALENCY CERTIFICATE; TO PROVIDE THAT ANY PERSON REGISTERED AS A SURVEYOR-IN-TRAINING UNDER THE PROVISIONS OF CHAPTER 21 OF TITLE 40 AS IT EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS ACT OR WHO MAY BE REGISTERED OR WHO CAN PROVIDE EVIDENCE SATISFACTORY TO THE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS MAY BE REGISTERED AS A TIER A LAND SURVEYOR BY PASSING THE WRITTEN OR WRITTEN AND ORAL EXAMINATIONS IN THE PRINCIPLES AND PRACTICES IN TIER A OF LAND SURVEYING AS MAY BE PROVIDED BY THE BOARD; AND TO PROVIDE THAT THE BOARD SHALL PROMULGATE REGULATIONS EFFECTUATING THE PROVISIONS OF THIS ACT.

OBJECTION TO MOTION

Rep. DANGERFIELD asked unanimous consent that H. 3540 be read a third time tomorrow.

Rep. SHEHEEN, with unanimous consent, objected.

Rep. SHEHEEN moved to reconsider the vote whereby the Bill was given a second reading which was agreed to.

Rep. SHEHEEN moved to adjourn debate upon the Bill, which was adopted.

S. 462--POINT OF ORDER

The following Bill was taken up.

S. 462 -- Senators Land and Theodore: A BILL TO AMEND SECTIONS 40-57-100, 40-57-110, 40-57-150, 40-57-170, AND 40-57-180, ALL AS AMENDED, AND 40-57-10, 40-57-30, 40-57-40, 40-57-90, 40-57-120, 40-57-160, AND 40-57-240, RELATING TO REAL ESTATE BROKERS, COUNSELLORS, SALESMEN, APPRAISERS, PROPERTY MANAGERS, EXAMINATIONS, LICENSING, AND COMMISSION RULINGS AND DECISIONS, SO AS TO PROVIDE ADDITIONAL PREREQUISITES FOR THE EXAMINATION AND LICENSING OF PROPERTY MANAGERS, TO AUTHORIZE THE COMMISSION TO ESTABLISH AN APPLICATION FEE, TO CLARIFY PROVISIONS RELATING TO REAL ESTATE AUCTIONEERS; TO AUTHORIZE THE COMMISSION TO ASSESS FINES FOR MISREPRESENTATIONS AND OTHER INFRACTIONS AND TO ISSUE SUBPOENA AND CEASE AND DESIST ORDERS, TO DEFINE BROKER TO INCLUDE A PERSON WHO NEGOTIATES OR SOLICITS REFERRALS AND DEFINE BROKER-IN-CHARGE, PROPERTY MANAGER, AND PROPERTY MANAGER-IN-CHARGE, TO PROVIDE THAT THE PROVISIONS OF THE CHAPTER DO NOT APPLY TO TRANSACTIONS INVOLVING RENTAL OR LEASING OF REAL ESTATE BY THE OWNER, TO REQUIRE THAT ALL PERSONS LICENSED BY THE COMMISSION SUBMIT A CREDIT REPORT, TO PROVIDE THAT PROPERTY MANAGER IS AN ADDITIONAL LICENSE CLASSIFICATION AND THAT NO PERSON BE LICENSED IN MORE THAN ONE CLASSIFICATION, TO PROHIBIT INDUCEMENTS BY LICENSEES IN THE SALE OF REAL ESTATE, TO PROVIDE NOTICE TO THE COMMISSION OF CIVIL OR CRIMINAL ACTIONS AND JUDGMENTS, TO INCREASE THE PENALTY FOR FAILURE TO RENEW A LICENSE TO DEAL IN REAL ESTATE TRANSACTIONS FROM AN AMOUNT NOT TO EXCEED ONE HUNDRED DOLLARS TO FIVE HUNDRED DOLLARS AND INCREASE THE MAXIMUM PRISON TERM FROM THIRTY DAYS TO SIX MONTHS, AND TO AMEND THE 1976 CODE BY ADDING SECTION 40-57-250 SO AS TO PROVIDE FOR AN ADMINISTRATIVE FINE.

POINT OF ORDER

Rep. SHEHEEN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

H. 2762--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 2762 -- Reps. P. Harris, J. Harris, Woods and Helmly: A BILL TO AMEND SECTION 44-17-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY ADMISSION OF POTENTIALLY DANGEROUS PERSONS WHO ARE MENTALLY ILL, SO AS TO CHANGE THE TIME WITHIN WHICH A HEARING ON THE ADMISSION MUST BE HELD FROM TWENTY DAYS TO FROM TEN TO FIFTEEN DAYS.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1, (Doc. No. 1226R), which was adopted and later reconsidered and tabled.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. The second and third paragraphs of item (3) of Section 44-17-410 of the 1976 Code are amended to read:

Within five days after the person's admission, exclusive of Saturdays, Sundays and legal holidays, the probate court, if it finds the application and certification are valid on their face, may order that the person be detained at the place of his admission, appoint counsel for him if he has not retained counsel and shall fix a date for a full hearing to be held pursuant to Section 44-17-570 within twenty days from the date of his admission. With each application and certification, the treatment facility shall also provide the court with a designated examiner appointment form listing the names of two designated examiners at the treatment facility.

If the court appoints these two designated examiners, the examination must be performed at the treatment facility and a report must be submitted to the court within seven days, exclusive of Saturdays, Sundays and legal holidays, from the date of admission. The court may appoint independent designated examiners who shall submit a report to the court within the time allotted above.

If the report of the designated examiners is that the patient is not mentally ill, the court shall dismiss the petition and the patient must be immediately discharged by the facility.

If the report of the designated examiners is that the patient is mentally ill, the court may order that the person be detained at the place of his admission, appoint counsel for him if he has not retained counsel, and shall fix a date for a full hearing to be held pursuant to Sec. 44-17-570 within twenty days from the date of his admission. The court shall give notice of the hearing pursuant to Section 44-17-420.

The probate court shall, if continued hospitalization and a hearing is ordered, cause the person to be examined by two designated examiners, one of whom shall be a licensed physician. The examiner's report shall must be available to the person's counsel prior to the full hearing. The person shall must be given the opportunity to request an independent designated examiner pursuant to Section 44-17-530.

Section 2. This act shall take effect upon approval by the Governor./

Amend title to conform.

Rep. P. HARRIS explained the amendment.

The amendment was then adopted.

Rep. T. ROGERS moved to reconsider the vote whereby Amendment No. 1 was adopted which was agreed to.

Rep. T. ROGERS moved to table the amendment which was agreed to.

Reps. T. ROGERS and P. HARRIS propose the following Amendment No. 2 (Doc. No. 1289R), which was adopted.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. The second and third paragraphs of item (3) of Section 44-17-410 of the 1976 Code are amended to read:

Within five days after the person's admission, exclusive of Saturdays, Sundays and legal holidays, the probate court, if it finds the application and certification are valid on their face, may order that the person be detained at the place of his admission, appoint counsel for him if he has not retained counsel and shall fix a date for a full hearing to be held pursuant to Section 44-17-570 within twenty days from the date of his admission. With each application and certification, the treatment facility shall also provide the court with a designated examiner appointment form listing the names of two designated examiners at the treatment facility.

If the court appoints these two designated examiners, the examination must be performed at the treatment facility and a report must be submitted to the court within seven days, exclusive of Saturdays, Sundays, and legal holidays, from the date of admission. The court may appoint independent designated examiners who shall submit a report to the court within the time allotted above. In the process of examination by the designated examiners, previous hospitalization records must be considered.

If the report of the designated examiners is that the patient is not mentally ill, the court shall dismiss the petition and the patient must be immediately discharged by the facility.

If the report of the designated examiners is that the patient is mentally ill, the court may order that the person be detained at the place of his admission, appoint counsel for him if he has not retained counsel, and shall fix a date for a full hearing to be held pursuant to Sec. 44-17-570 within twenty days from the date of his admission. The court shall give notice of the hearing pursuant to Section 44-17-420.

The probate court shall, if continued hospitalization and a hearing is ordered, cause the person to be examined by two designated examiners, one of whom shall be a licensed physician. The examiners's report shall must be available to the person's counsel prior to the full hearing. The person shall must be given the opportunity to request an independent designated examiner pursuant to Section 44-17-530.
SECTION 2. This act shall take effect upon approval by the Governor./

Amend title to conform.

The Bill, as amended, was read the second time and ordered to third reading.

OBJECTION TO MOTION

Rep. T. ROGERS asked unanimous consent that H. 2762 be read a third time tomorrow.

Rep. KLAPMAN objected.

REPORT OF STANDING COMMITTEE

Rep. BARFIELD, with unanimous consent, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of Bread for the World Tour for a Hunger Awareness Tour, March 13, 1986, 9:30 A.M. to 1:30 P.M.

The invitation was accepted.

OBJECTION TO RECALL

Rep. GILBERT asked unanimous consent to recall H. 2241 from the Committee on Education and Public Works.

Rep. STODDARD objected.

H. 3179--REFERRED TO COMMITTEE ON
MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS

On motion of Rep. AYDLETTE, with unanimous consent, the following Resolution was referred to the Committee on Medical, Military, Public and Municipal Affairs.

H. 3179 -- Reps. Aydlette, J. Rogers, Woodruff, Limehouse, Hawkins, Mattos, J. Bradley, Rawl, Holt, Winstead, G. Bailey, J. Harris, Koon, Snow, Gregory, K. Bailey, Harvin, P. Bradley, Williams and M.D. Burriss: A CONCURRENT RESOLUTION REQUESTING THE BUREAU OF INDIAN AFFAIRS OF THE UNITED STATES DEPARTMENT OF THE INTERIOR TO RECOGNIZE THE PEE DEE, SANTEE, AND EDISTO NATCHEZ KUSSO TRIBES OF SOUTH CAROLINA FOR PURPOSES OF ALL FEDERAL PROGRAMS OPERATED BY THE BUREAU OF INDIAN AFFAIRS FOR NATIVE AMERICANS.

OBJECTION TO RECALL

Rep. SIMPSON asked unanimous consent to recall H. 2240 from the Committee on Labor, Commerce and Industry.

Rep. TAYLOR objected.

H. 2355--OBJECTION

Rep. B.L. HENDRICKS, with unanimous consent, withdrew his objection to the following Bill whereupon an objection was raised by Rep. SHARPE.

H. 2355 -- Rep. Harvin: A BILL TO AMEND SECTION 47-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ILL-TREATMENT OF ANIMALS, SO AS TO PROSCRIBE THE FAILURE TO PROVIDE HUMANE CARE AND TREATMENT AND VETERINARY CARE AND TO INCREASE THE PENALTIES.

H. 2241--RECALLED FROM THE COMMITTEE ON
EDUCATION AND PUBLIC WORKS

On motion of Rep. GILBERT, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works.

H. 2241 -- Reps. Gilbert, Woods, Klapman, Washington, J. Bradley, Hearn, Neilson, Foster and Williams: A BILL TO REQUIRE THE STATE BOARD OF EDUCATION TO FORMULATE A DEFINITION OF A GRADE OR MARK IN REPORTING STUDENT PROGRESS IN PUBLIC SCHOOLS AND TO ESTABLISH A SYSTEM FOR HANDLING HEARINGS CONCERNING ALLEGED ERRORS IN GRADING.

SENT TO THE SENATE

The following Bill was taken up, read the third time, and ordered sent to the Senate.

H. 3310 -- Reps. Keyserling and White: A BILL TO PROVIDE THAT THE MEMBERS OF THE BOARD OF EDUCATION OF BEAUFORT COUNTY MUST BE ELECTED IN NONPARTISAN ELECTIONS IN THE GENERAL ELECTION, AND TO PROVIDE FOR THE MEMBERS' TERMS, VACANCIES, NOTICE OF ELECTION, PETITION, AND PLACEMENT OF NAMES ON THE BALLOT.

S. 888--DEBATE ADJOURNED

The following Resolution was taken up.

S. 888 -- Senator Hayes: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE SENATE AND HOUSE CHAMBERS ON FRIDAY, JUNE 13, 1986, AND SATURDAY, JUNE 14, 1986.

Rep. SHEHEEN spoke upon the Resolution and moved to adjourn debate upon the Resolution which was adopted.

S. 459--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 459 -- Senators Horace C. Smith, Mitchell, Theodore, J. Verne Smith, Drummond, Newman, Doar, Waddell, Land, Nell Smith and Long: A BILL TO ENACT "THE OMNIBUS CRIMINAL JUSTICE IMPROVEMENTS ACT OF 1985" WHICH INCLUDES PROVISIONS TO AMEND CHAPTER 25 OF TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDGMENT AND EXECUTION, BY ADDING ARTICLE 2 SO AS TO CREATE A COMMUNITY PENALTIES PROGRAM AND PROVIDE FOR GRANT FUNDING THROUGH THE OFFICE OF THE GOVERNOR; TO AMEND ARTICLE 1, CHAPTER 25 OF TITLE 17, RELATING TO CRIMINAL JUDGMENT AND EXECUTION, BY ADDING SECTION 17-25-115 SO AS TO EMPOWER JUDGES SITTING IN GENERAL SESSIONS TO ORDER RESTITUTION AS A CONDITION OF PAROLE; TO AMEND TITLE 2, RELATING TO STATE GOVERNMENT BY ADDING CHAPTER 48 SO AS TO AUTHORIZE CERTAIN COST OF COURT FEES TO BE ASSESSED IN CRIMINAL CASES AND PROVIDE FOR THE USE OF THESE ASSESSMENTS FOR PRISONER INCARCERATION PURPOSES; TO AMEND ARTICLE 1, CHAPTER 3 OF TITLE 24, RELATING TO THE STATE PRISON SYSTEM, BY ADDING SECTION 24-3-31 TO AUTHORIZE THE PAYMENT OF GENERAL REVENUE FUNDS TO LOCAL GOVERNMENTS AS A SUBSIDY FOR INCREASES IN LOCAL INMATE POPULATIONS AND TO PROVIDE FOR SUBSIDY PAYMENTS BY THE DEPARTMENT OF CORRECTIONS TO LOCAL GOVERNMENTS TO MAINTAIN A DESIGNATED FACILITIES PROGRAM; TO AMEND CHAPTER 13 OF TITLE 24, RELATING TO PRISONERS, BY ADDING ARTICLE 11 SO AS TO ESTABLISH VOLUNTARY PROGRAMS FOR WORK/PUNISHMENT OF INMATES CONFINED TO LOCAL CORRECTIONAL FACILITIES; TO AMEND ARTICLE 3, CHAPTER 1 OF TITLE 42, RELATING TO WORKERS' COMPENSATION, BY ADDING SECTION 42-1-505 SO AS TO PROVIDE THAT PERSONS CONVICTED OF CRIME PARTICIPATING IN PUBLIC SERVICE AND COMMUNITY WORK PROGRAMS MAY BE COVERED UNDER WORKERS' COMPENSATION UNDER CERTAIN CONDITIONS; TO AMEND ARTICLE 7, CHAPTER 5 OF TITLE 22, RELATING TO MAGISTRATES' POWERS AND DUTIES IN CRIMINAL MATTERS, BY ADDING SECTION 22-5-580 SO AS TO ESTABLISH A PRETRIAL CLASSIFICATION PROGRAM TO ASSIST MAGISTRATES WITH THE BAIL SETTING DECISIONS; TO AMEND CHAPTER 1 OF TITLE 23, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY, BY ADDING SECTION 23-1-225 SO AS TO AUTHORIZE CERTAIN SUBSIDY PAYMENTS TO LOCAL LAW ENFORCEMENT AGENCIES FOR CRIME PREVENTION PROGRAMS; TO AMEND SECTION 24-21-80, RELATING TO PROBATIONERS AND PAROLEES SO AS TO REQUIRE A WEEKLY SUPERVISORY FEE TO BE PAID BY OFFENDERS UNDER CERTAIN SUPERVISION OF THE DEPARTMENT OF PAROLE AND COMMUNITY CORRECTIONS; TO AMEND SECTION 2-7-72, RELATING TO FISCAL IMPACT STATEMENTS, SO AS TO REQUIRE CERTAIN BILLS OR RESOLUTIONS AFFECTING CRIMES, OFFENSES, OR THE CRIMINAL JUSTICE SYSTEM TO HAVE A FISCAL IMPACT STATEMENT CONTAINING SPECIFIED INFORMATION; TO AMEND ACT 418 OF 1984, RELATING TO VICTIMS AND WITNESSES SO AS TO AUTHORIZE GARNISHMENT OF WAGES OR THE PLACING OF CIVIL LIENS ON PROPERTY TO ENFORCE ORDERS OF RESTITUTION; TO AMEND SECTION 24-3-40, RELATING TO PRISONERS SO AS TO PROVIDE FOR CERTAIN WITHHOLDING FROM THE WAGES OF PRISONERS WORKING AT PAID EMPLOYMENT IN THE COMMUNITY FOR THE PURPOSE OF SUPPORTING VICTIM ASSISTANCE PROGRAMS; TO AMEND SECTION 24-3-30, RELATING TO THE JURISDICTION OF THE DEPARTMENT OF CORRECTIONS SO AS TO REVISE THE SENTENCES OF IMPRISONMENT WHICH MUST BE SERVED AT THE LOCAL LEVEL, AND PROVIDE THAT EACH COUNTY MUST MAINTAIN A FACILITY SUITABLE FOR CONFINEMENT; TO AMEND SECTION 24-21-13, RELATING TO PROBATION, PAROLE AND PARDON SO AS TO AUTHORIZE THE PAROLE AND COMMUNITY CORRECTIONS BOARD TO DEVELOP POLICIES FOR PUBLIC SERVICE WORK PROGRAMS FOR CERTAIN OFFENDERS; TO AMEND ARTICLE 2, CHAPTER 23 OF TITLE 24, RELATING TO SENTENCING AND PROBATION PROCEDURES BY ADDING SECTION 24-23-115; TO AMEND SECTION 20-7-1350, RELATING TO FAMILY COURTS SO AS TO PROVIDE THAT FAMILY COURT JUDGES ARE EMPOWERED TO UTILIZE CERTAIN UNPAID PUBLIC SERVICE WORK AS A PUNISHMENT FOR CONTEMPT OF COURT; TO AMEND SECTION 24-13-210, RELATING TO CREDIT GIVEN CONVICTS FOR GOOD BEHAVIOR SO AS TO PROVIDE FOR GOOD BEHAVIOR CREDIT TO BE GIVEN TO PRISONERS INCARCERATED AT THE LOCAL LEVEL; TO AMEND SECTION 24-13-230, RELATING TO PRISONERS SO AS TO PROVIDE THAT INMATES SERVING SENTENCES IN LOCAL DETENTION FACILITIES SHALL EARN CREDITS AGAINST SENTENCE FOR PRODUCTIVE DUTY ASSIGNMENTS; TO AMEND SECTION 24-13-270, RELATING TO PRISONERS SO AS TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS AND LOCAL OFFICIALS MAY PERMIT THE RELEASE OF PRISONERS ON THE FIRST AND FIFTEENTH DAYS OF THE MONTH IN WHICH THEIR SENTENCES EXPIRE; AND TO REPEAL SECTION 17-25-90 RELATING TO THE REQUIRED PLACE TO SERVE CERTAIN SENTENCES; TO PROVIDE FOR A REVIEW OF THE EFFECTIVENESS OF THIS ACT BY THE BUDGET AND CONTROL BOARD PRIOR TO STATE FISCAL YEAR 1990-91.

Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 2185R), which was adopted.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. This act may be cited as "The Omnibus Criminal Justice Improvements Act of 1986".
SECTION 2. The funds for implementing the provisions of the Community Penalties Program established in Section 3 of this act must be provided by the General Assembly in the annual general appropriations act. The General Assembly hereby expresses its intent to provide these funds beginning with fiscal year 1986-87.
SECTION 3. Chapter 25 of Title 17 of the 1976 Code is amended by adding:

"ARTICLE 2
COMMUNITY PENALTIES PROGRAMS

Section 17-25-140. For purposes of this article the following definitions apply:

(1) 'Targeted offenders' means criminal defendants not previously convicted of a violent crime as defined in Section 16-1-60 and who have not yet been convicted in a pending indictment and are determined by the community penalties program staff to face an imminent and substantial threat of imprisonment, with the exception of criminal defendants charged with a violent crime as defined in Section 16-1-60; provided, a targeted offender shall not mean a criminal defendant who has previously participated in a community penalties program or a pretrial intervention program.

(2) 'Community penalty plan' means a plan presented in writing to the solicitor and presiding judge after an adjudication of guilt which provides a detailed description of the targeted offender's proposed specific plan for sentencing in the case;

(3) 'Community penalties program' means an agency or individual within the judicial circuit which shall prepare community penalty plans and arrange or contract with public or private agencies for necessary services for offenders.
Section 17-25-145. The Department of Parole and Community Corrections must implement a community penalties program in each judicial circuit of the State. The department at its discretion may operate the program or contract with public or private agencies for necessary services.
Section 17-25-150. (A) Each community penalties program is responsible for:

(1) targeting offenders who face an imminent and substantial threat of imprisonment;

(2) preparing detailed community penalty plans for presentation to the presiding judge by the offender's attorney;

(3) contracting or arranging with public or private agencies for services described in the community penalty plan.
(B) Every community penalty plan must include the following:

(1) notification to the victim of the offender's placement in the program;

(2) solicitation of victim response into the offender's proposed community penalty;

(3) restitution to the victim by the offender within a specified period of time and in an amount to be determined by the court;

(4) payment of such fees and costs of the program by the offender unless the court grants a waiver due to indigency. Procedures for collecting a fee from offenders must be implemented based on a sliding scale according to income and ability to pay.
Section 17-25-155. Agencies or individuals may contract to prepare individual community penalties program plans for offenders in a particular judicial circuit as prescribed by the Department. This plan must include:

(1) objectives of the community penalties programs;

(2) goals for reduction of offenders committed to prison for each county within the circuit, and a system of monitoring the number of commitments to prison;

(3) procedures for identifying targeted offenders, and a plan for referral of targeted offenders to the community penalties program;

(4) procedures for preparing and presenting community penalty plans to the court;

(5) procedures for obtaining services from existing public or private agencies, and a detailed budget for staff, contracted services, and all other costs;

(6) procedures for cooperating with the probation personnel who have supervisory responsibility for the offender;

(7) procedures for evaluating the program's effect on numbers of prison commitments.

(8) procedures for returning offenders who do not comply with their community penalty plan to court for action by the court.

Funds provided for use under the provisions of this article may not be used for the operating costs, construction, or any other costs associated with local jail confinement."
SECTION 4. Chapter 21, Title 24 of the 1976 Code is amended by adding:
"Section 24-21-475. In addition to any other terms or conditions of probation under Section 21-24-430, the judge may suspend a sentence for a defendant convicted of a nonviolent offense, as defined in Section 16-1-70, for which a term of imprisonment of five years or greater may be imposed, or as a revocation to probation, and transfer custody to the South Carolina Department of Corrections for hard labor for a period of ninety days as a condition of probation.

Such defendant shall be housed separately from the general inmate population as far as is advisable and necessary. Successful program participation will result at the end of ninety days in transfer to the South Carolina Department of Parole and Community Corrections to complete the term of probation.

Failure to comply with program requirements may result in a request to the court to revoke the suspended sentence.

No participant in shock probation program shall earn credits under any statute or regulation, or any other benefits which may reduce the ninety-day period.

Before a court can place this condition upon the sentence, an initial investigation will be completed by the probation officer which will indicate that the probationer is qualified for such treatment in that the individual does not appear to be physically or mentally handicapped in a way that would prevent him from strenuous physical activity, that the individual has no obvious contagious diseases, and that the Department of Parole and Community Corrections has granted provisional approval of the placement of the individual in this program.

No person shall be made ineligible for this program by reason of gender."
SECTION 5. Chapter 21, Title 24 of the 1976 Code is amended by adding:
"Section 24-21-480. The judge may suspend a sentence for a defendant convicted of a nonviolent offense as defined in Section 16-1-70, for which a term of imprisonment of greater than ninety days may be imposed, or as a revocation of probation, and may place the offender in a Restitution Center as a condition of probation.

The Restitution Center is a program under the jurisdiction of the Department of Parole and Community Corrections.

The offender shall have paid employment and/or shall be required to perform public service employment up to a total of fifty hours per week.

The offender shall deliver his salary to the Restitution Center staff who shall distribute it in the following manner:

(1) restitution to the victim or payment to the account established pursuant to the Victims of Crime Act of 1984, Public Law 98-473, Title II, Chapter XIV, Section 1404, as ordered by the court;

(2) payment of child support or alimony or other sums as ordered by a court;

(3) payment of any fines or court fees due;

(4) payment of six dollars and fifty cents per day for housing and food. This payment is in lieu of probation fees while in the Restitution Center. This fee must be deposited by the Department with the State Treasurer for credit to the same account as funds collected under Section 52, Part II, Act 201 of 1985;

(5) payment of any costs incurred while in the Restitution Center;

(6) if available, fifteen dollars per week for personal items.

The remainder must be deposited and given to the offender upon his discharge.

The offender must be in the Restitution Center for not more than six months, nor less than three months; provided, however, in those cases where the maximum term is less than one year the offender shall be in the Restitution Center for not more than ninety days nor less than forty-five days.

Upon release from the Restitution Center, the offender must be placed on probation for a term as ordered by the court.

Failure to comply with program requirements may result in a request to the court to revoke the suspended sentence.

No person shall be made ineligible for this program by reason of gender.
Section 24-21-485. In order for the South Carolina Department of Parole and Community Corrections to establish and maintain restitution centers, the Board of Parole and Community Corrections may:

(1) develop policies and procedures for the operation of restitution centers;

(2) fund such other management options as may be advantageous to the State, including but not limited to contracting with public or nonpublic entities for management of restitution centers;

(3) lease buildings;

(4) develop standards for disciplinary rules to be imposed on residents of restitution centers;

(5) develop standards for the granting of emergency furloughs to participants."
SECTION 6. Section 24-21-430 of the 1976 Code is amended to read:
"Section 24-21-430. The court shall determine and may impose by order duly entered and may at any time modify the conditions of probation and may include among them any of the following or any other.

The probationer shall:

(1) refrain from the violations of any State state or federal penal laws;

(2) avoid injurious or vicious habits;

(3) avoid persons or places of disreputable or harmful character;

(4) permit the probation officer to visit at his home or elsewhere;

(5) work faithfully at suitable employment as far as possible;

(6) pay a fine in one or several sums as directed by the court;

(7) perform public service work as directed by the court;

(8) submit to a urinalysis and/or a blood test upon request of the probation agent;

(9) submit to curfew restrictions;

(10) submit to house arrest;

(11) submit to intensive surveillance;

(7) (12) support his dependents; and

(8) (13) follow the probation officer's instructions and advice regarding recreational and social activities."
SECTION 7. Chapter 13 of Title 24 of the 1976 Code is amended by adding:

"ARTICLE 11
WORK/PUNISHMENT OF INMATES
CONFINED IN LOCAL CORRECTIONAL FACILITIES

Section 24-13-910. Beginning January 1, 1988, local governing bodies may establish regulations consistent with regulations of the Department of Corrections, and administer a program under which a person convicted of an offense against this State or other local jurisdiction and confined in local correctional facilities, or punished for contempt of court in violation of Section 20-7-1350 and confined in a local correctional facility may, upon sentencing to the program, and while continuing to be confined in the facility at all times other than when the prisoner is either seeking employment, working, attending his education, or traveling to or from the work or education location, be allowed to seek work and to work at paid employment in the community, be assigned to public works employment, or continue his education. Each governing body shall designate the sheriff or another official as the official in charge. A person sentenced under these provisions is eligible for programs under this article except that a person punished for a violation of Section 20-7-1350 is eligible for these programs only upon a finding by the sentencing judge that he is eligible.
Section 24-13-920. If the inmate participating in the work/punishment program violates the regulations of the program relating to conduct or employment, as established by the local governing body, the inmate may be removed from the program on the direction of the official designated in charge by the local governing body.
Section 24-13-930. The earnings of each inmate participating in the work/punishment program, less payroll deductions required by law, must be collected by or surrendered to the official administering the program or his authorized representative. From these earnings, the official may deduct:

(a) not less than five dollars nor more than ten dollars per workday to offset the cost to the local facility of providing food, lodging, supervision, clothing, and care to the inmate;

(b) any amount the inmate may be legally obligated to pay, or that the inmate desires to pay, for the support of the inmate's dependents;

(c) any reasonable amount the inmate may be legally obligated to pay in restitution to the victim of his offense. Any remaining amount of the inmate's earnings must be credited to the inmate's earnings account to be disbursed to the inmate upon release or to be disposed of according to applicable regulations of the local correctional facility.
Section 24-13-940. The official administering the work/punishment program may contract with the South Carolina Department of Corrections or with other governmental bodies to allow inmates committed to serve sentences in the custody of the Department or in other local correctional facilities to participate in the program and be confined in the local correctional institution of the receiving official.
Section 24-13-950. The Department of Corrections shall, by January 1, 1987, develop standards for the operation of local inmate work programs. These standards must be included in the minimum standards for local detention facilities in South Carolina, established pursuant to Section 24-9-20, and the Department of Corrections shall monitor and enforce the standards established. The standards must be established to govern three types of local programs:

(1) voluntary work programs established pursuant to Section 24-13-235; and

(2) local work/punishment programs established pursuant to this article. The work/punishment standards shall include, but are not limited to, provisions insuring that rates of pay and general conditions of employment are not less than those provided to workers in the general public performing work of a similar nature in the same community, and provisions establishing reasonable criteria for the selection, humane treatment, and dismissal of inmates in local work/punishment programs; and

(3) local public work programs pursuant to Section 17-25-70."
SECTION 8. Article 3, Chapter 1 of Title 42 of the 1976 Code is amended by adding:
"Section 42-1-505. The Department of Parole and Community Corrections may elect to cover convicted persons under its custody or supervision with workers' compensation benefits in accordance with the provisions of this title. For purposes of this subsection, the Department is considered the employer for those persons under its custody or supervision performing public service employment.
SECTION 9. Section 24-3-40 of the 1976 Code, as last amended by Act 431 of 1980, is further amended to read:
"Section 24-3-40. The employer of a prisoner authorized to work at paid employment in the community under Sections 24-3-20 to 24-3-50 shall pay the prisoner's wages directly to the Department of Corrections. The Commissioner of the Department of Corrections is authorized to shall withhold from five percent of the gross wages and promptly place these funds on deposit with the State Treasurer for credit to a special account to support victim assistance programs established pursuant to the 'Victims of Crime Act of 1984, Public Law 98-473, Title II, Chapter XIV, Section 1404.' The Commissioner is further authorized to withhold from the wages such costs incident to the prisoner's confinement as the Board of Corrections shall deem considers appropriate and reasonable. These withholdings shall must be deposited to the maintenance account of the Department of Corrections. The balance of the wages shall may, in the discretion of the Board, and in such proportions determined by the Board, be disbursed to the prisoner, the prisoner's dependents, to the victim of the crime, or deposited to the credit of the prisoner."
SECTION 10. Section 24-21-13 of the 1976 Code, dealing with the Board of Parole and Community Corrections and as added by Act 100 of 1981, is amended to read:
"Section 24-21-13. It shall be is the duty of the Board to oversee, manage, and control the Department. The Board shall develop written policies and procedures for the following:

(a) the supervising of offenders on probation, parole, and furlough;

(b) the granting of paroles and pardons;

(c) the operation of community based correctional programs; and

(d) the operation of public work sentence programs for offenders on probation, parole, supervised furlough, and persons released pursuant to the Prison Overcrowding Powers Act. This program can also be utilized as an alternative to technical revocations."
SECTION 11. Article 2, Chapter 23 of Title 24 is amended by adding:
"Section 24-23-115. Except as otherwise provided by law, Courts of General Sessions may require defendants convicted of a criminal offense to perform public service work not to exceed five hundred hours without pay for an agency of state, county, municipal, or federal government or for a nonprofit organization as a special condition of probation. Except as otherwise provided by law, magistrate's and municipal courts may require defendants convicted of a criminal offense to perform public service work without pay for an agency of state, county, municipal, or federal government or for a nonprofit organization as a condition of suspension of sentence. This suspension of sentence shall include the number of hours of public service work to be performed not to exceed fifty hours.

The Board of Parole and Community Corrections shall establish by regulation pursuant to the Administrative Procedures Act a definition of the term 'public service work', and a mechanism for supervision of persons performing public service work.

No person shall be made ineligible for this program by reason of gender."
SECTION 12. Section 20-7-1350 of the 1976 Code is amended to read:
"Section 20-7-1350. Any adult who wilfully violates, neglects, or refuses to obey or perform any lawful order of the court, or who violates any provision of this chapter, may be proceeded against for contempt of court. Any adult found in contempt of court may be punished by a fine, a public work sentence or by imprisonment on the public works of the county in a local correctional facility, or both fine and imprisonment any combination thereof, in the discretion of the court, but not to exceed imprisonment in a local correctional facility for one year, or a fine of fifteen hundred dollars, or both public work sentence of more than three hundred hours, or any combination thereof."
SECTION 13. Section 24-13-210 of the 1976 Code, as amended by Act 513 of 1980, is further amended to read:
"Section 24-13-210. (a) Each prisoner convicted of an offense against this State and confined in the facilities sentenced to the custody of the Department of Corrections or in a county jail, or upon the public works of any county in this State, for a term of one year or more including those prisoners serving time in a local facility pursuant to a designated facilities agreement authorized by Section 24-3-30, whose record of conduct shows that he has faithfully observed all the rules of the institution wherein he is confined and has not been subjected to punishment for misbehavior, shall be is entitled to a deduction from the term of his sentence beginning with the day on which the service of his sentence commences to run, computed at the rate of twenty days for each month served. When two or more consecutive sentences are to be served, the aggregate of the several sentences shall be is the basis upon which the good behavior credit shall be computed.

(b) Each prisoner convicted of an offense against this State and confined in the facilities of the Department of Corrections or a county jail a local correctional facility, or upon the public works of any county in this State, for a term of less than one year, whose record of conduct shows that he has faithfully observed all the rules of the institution wherein he is confined, and has not been subjected to punishment for misbehavior, shall be is entitled to a deduction from the term of his sentence beginning with the day on which the service of his sentence commences to run, computed at the rate of fifteen days for each month served one day for every two days served. When two or more consecutive sentences are to be served, the aggregate of the several sentences shall be is the basis upon which good behavior credits shall must be computed.

(c) If, during the term of imprisonment, a prisoner commits any offense or violates any of the rules of the institution, all or any part of his good conduct time may be forfeited at the discretion of the Commissioner of the Department of Corrections, if the prisoner be confined in facilities of the department, or in the discretion of the county local official having charge of prisoners and the public works within the county wherein the prisoner is confined sentenced to terms of imprisonment at the local level. If thereafter the conduct of the prisoner is such as to warrant it, the same officials may, in their discretion, restore all or any portion of the forfeited or lost good conduct time. The decision to withhold or restore forfeited good conduct time shall be is solely the responsibility of officials named in this subsection.

(d) Any person who has served the term for which he has been sentenced less deductions allowed therefrom for good conduct, shall is considered upon release be deemed to have served the entire term for which he was sentenced."
SECTION 14. The 1976 Code is amended by adding:
"Section 24-13-235. The official in charge of a local detention or correctional facility in which persons convicted of offenses against the State serve sentences of confinement shall allow any inmate serving such a sentence in the custody of the facility who is assigned to a mandatory productive duty assignment a reduction from the term of his sentence of zero to one day for every two days so employed. The amount of credit to be earned for each duty classification must be determined by the official in charge of the local detention or correctional facility and published by him in a conspicuous place available to inmates."
SECTION 15. Section 17-25-70 of the 1976 Code is amended to read:
"Section 17-25-70. In every case in which imprisonment is provided as the punishment, in whole or in part, for any crime, all able-bodied male convicts shall be sentenced to hard labor on the public works of the county in which convicted, if such county maintains a chain gang, without regard to the length of service, and in the alternative to imprisonment in the county jail or State Penitentiary at hard labor. But municipal authorities may sentence persons convicted of offenses against the ordinances of the municipality to the municipal chain gang, if such municipality maintains a chain gang, or to the county chain gang, under the provisions of Section 24-7-50, if the county maintains a chain gang. And if the county does not maintain a chain gang but a municipality therein does, persons convicted in State and county courts and by magistrates may be sentenced to labor on such chain gang if terms as to the working and maintenance of such convicts are agreed upon by and between the governing body of the county and the municipal authorities operating such chain gang. In any case the presiding judge shall have the power, by special order, to direct that any person convicted before him be confined in the State Penitentiary if it is considered unsafe or unwise for such convict to be committed to the county chain gang. Notwithstanding any other provision of law, a local governing body may authorize the sheriff or other official in charge of this local correctional facility to require any able-bodied convicted person committed to such facility to perform labor on the public works or ways. Any convicted person physically capable of performing such labor who refuses to obey a direct order to perform such labor shall not be entitled to good behavior credits pursuant to Section 24-13-210 or productive duty credits pursuant to Section 24-13-230 herein; provided, however, that any inmate sentenced by the court to participation in a local work punishment or other public service sentence program shall not be arbitrarily removed from such program and required to perform work on the public works or ways."
SECTION 16. Section 17-25-90 of the 1976 Code is repealed.
SECTION 17. Item (i) of Section 24-3-1120 of the 1976 Code is amended to read:

"(i) 'Qualified prisoner' means prisoners not presently committed to the jurisdiction of the State Department of Corrections under a conviction for the crime of murder, armed robbery, criminal sexual assault, assault and battery with intent to kill, trafficking in illegal drugs, or kidnapping, nor sentenced as a habitual offender convicted of nonviolent offenses as defined in Section 16-1-70."
SECTION 18. Item (c) of Section 24-3-1130 of the 1976 Code is amended to read:

"(c) Full appropriate utilization by the Board of Parole and Community Corrections of powers, the exercise of which tends to reduce the prison system population or expand operating capacity. The powers include but are not limited to:

(1) supervised furlough as provided for in Section 24-13-710;

(2) provisional parole as provided for in Section 24-21-645;

(3) parole as provided for in Section 24-21-610;."

(4) Arrangements with other agencies of state or local government for using temporary structures, unused buildings, or under-utilized buildings as places of confinement.
SECTION 19. Section 24-3-1140 of the 1976 Code is amended to read:
"Section 24-3-1140. Whenever the prison system population has exceeded operating capacity for thirty consecutive days, the Board of Corrections shall meet to determine whether there has been full appropriate exercise of the powers of the Board of Corrections and the Department of Corrections, the exercise of which tends to reduce the prison system population. The determination must be made within seven days after the thirtieth day of excessive prison system population. If the prison system population continues to exceed operating capacity, the Board of Corrections shall report this to the Governor, with a copy of the report to be provided to the Board of Parole and Community Corrections. The report shall include the prison system operating capacity, the prison system population during the relevant time period, and the determination of the Board of Corrections regarding the exercise by the Board of Corrections and Department of Corrections of prison population reduction powers and may include a recommended specific term of advancement of the release dates. The recommendation must be at least thirty but not more than ninety days shall include the number of prisoners which should be released. The existence of conditions meeting the requirements of items (a) and (b) of Section 24-3-1130 notwithstanding, if the Board of Corrections concludes that a prison system overcrowding state of emergency should not be declared or commence, it shall state the conclusion and the reasons for the conclusion in the report to the Governor."
SECTION 20. Section 24-3-1160 of the 1976 Code is amended to read:
"Section 24-3-1160. Upon receipt of the report from the Board of Corrections and the report of the Board of Parole and Community Corrections, the Governor has the power to:

(a) Determine to be in error the determination of either Board or both Boards that there had been full appropriate exercise of powers, the exercise of which tends to reduce prison population, in which case no state of emergency shall commence; or

(b) Determine that commencement of a state of emergency would be injurious to the public good, or raises the potential of threatening the safety of the public in the State as a whole or in a particular community, in which case no state of emergency shall commence; or

(c) Determine that the reports establish the existence of the conditions for declaration of a prison system overcrowding state of emergency, as described in Section 24-3-1130, and declare a state of emergency specifying an amount of advancement of release dates from thirty to ninety days the number of prisoners to be released; or

(d) Determine to be in error the determination of any Board reporting less than full appropriate exercise of prison population reduction powers and declare a state of emergency specifying an amount of advancement of release dates from thirty to ninety days the number of prisoners to be released.

If, fourteen days after the receipt of the reports to the Governor pursuant to Section 24-3-1140 and Section 24-3-1150 indicating that conditions meeting the requirements of items (a), (b), and (c) of Section 24-3-1130 exist, the Governor has exercised none of the powers prescribed in items (a), (b), or (c) of this section, a prison system overcrowding state of emergency is considered to have commenced. If, fourteen days after the receipt of the reports to the Governor pursuant to Section 24-3-1140 and Section 24-3-1150 indicating that prison population reduction powers have not been fully utilized, the Governor has not exercised power under item (d) of this section, action under this article is considered terminated.

If the Governor exercises a power under items item (a) or (b) of this section, he shall state the reasons for the exercise of a power in notification of his action to the Board of Corrections, and the Board of Parole and Community Corrections and the members of the General Assembly. In this instance, a thirty-day period of prison system overcrowding, as provided in item (a) of Section 24-3-1130, may commence as of the date of notification of action under items (a) or (b) of this section."
SECTION 21. Section 24-3-1170 of the 1976 Code is amended to read:
"Section 24-3-1170. Upon the declaration or commencement of a state of emergency, the release dates a specified number of qualified prisoners must be conditionally advanced released by the Department of Corrections Parole and Community Corrections. If the Governor declared the state of emergency, the amount of advancement of release dates number of inmates must be specified in the declaration. If a state of emergency commences without declaration, the amount of advancement of release dates number of prisoners to be released must be the lesser of the amount of advancement of release dates recommended by the Board of Corrections in its report to the Governor under Section 24-3-1140 or ninety days. For terms of from ninety-two to two hundred seventy days, all advancements of the release dates under this article must be at the rate of one day for every two days of sentence term in excess of ninety days, with a maximum advancement equal to the amount of advancement of the release dates of prisoners with terms of two hundred seventy-one days or longer."
SECTION 22. Section 24-3-1190 of the 1976 Code is amended to read:
"Section 24-3-1190. If, sixty days after the declaration or commencement of a prison system overcrowding state of emergency or of an additional advancement of the release dates, the prison system population continues to be in excess of operating capacity, the Board of Corrections shall report to the Governor indicating whether an additional advancement of the release dates is necessary in order to reduce the prison system population to operating capacity and indicating the amount of any recommended additional advancement of the release dates. The recommended amount must be no less than thirty days nor more than ninety days. A copy of the request must be provided to the Board of Parole and Community Corrections, which shall within fourteen days report to the Governor describing the availability of parolee supervising agents, the currently existing supervision caseloads, and measures that could be taken and resources that would be needed to provide appropriate supervision of persons released early as a result of an additional advancement of the release dates. During the state of emergency the Board of Parole and Community Corrections shall continue to release prisoners monthly until operations capacity is met; however, no more than two hundred inmates may be released in any thirty-day period pursuant to the Prison Overcrowding Powers Act."
SECTION 23. Section 24-3-2020 of the 1976 Code is amended to read:
"Section 24-3-2020. Revocation of conditional advancement of the release date awarded pursuant to this article is a permissible prison disciplinary action according to the same procedures governing the forfeiture of credits for good behavior as a prison disciplinary action."
SECTION 24. Section 24-3-2030 of the 1976 Code is amended to read:
"Section 24-3-2030. The Board of Parole and Community Corrections shall prescribe conditions of advancement of the release date applicable prior to release from the jurisdiction of the Department of Corrections policies and procedures pursuant to the Administrative Procedures Act, to rate the risk of inmates to the community to determine which qualified prisoners are to be released. Prisoners must be released based on an evaluation of risk. The risk assessment model shall be developed by the Department of Parole and Community Corrections to include but not be limited to the following types of factors: nature and seriousness of the current and any prior offenses, institutional record, and prior performance under criminal justice supervision. Priority must be given to prisoners who have served a substantial portion of their sentence; provided, that qualified inmates given a sentence of two years or more may not be released before completing so much of their sentence as to be eligible for parole. For purposes of this section, calculation of parole eligibility will be based on actual time served in incarceration not reduced by earned credits under any provision of law. The Department of Parole and Community Corrections shall notify victims pursuant to Section 16-3-1530(c) before releasing inmates through the Prison Overcrowding Emergency Powers Act requesting the opinion of the victim. The Department of Parole and Community Corrections shall have authority to deny release based upon the victim's statement. The Board of Parole and Community Corrections shall prescribe conditions of supervision consistent with existing regulations applicable after release from the jurisdiction of the Department of Corrections. While under the supervision of the Board of Parole and Community Corrections under this article, releasees are considered to be in the legal custody of the Board of Parole and Community Corrections. In every case, supervision by a parole agent after release from prison for a period equal to the advancement of the release date is a condition of advancement of the release date. Violation after release and during the term of supervision of a condition imposed under this section may be the basis, under the procedures of Section 24-21-680, for revocation of conditional advancement of the release date and return of the releasee to prison and the jurisdiction of the Department of Corrections to serve his sentence as though his release date had not been conditionally advanced. No credit is given for time elapsing between release and revocation of conditional advancement of the release date.

The Board of Parole and Community Corrections shall prescribe conditions of supervision consistent with existing regulations applicable after release from the jurisdiction of the Department of Corrections. While under the supervision of the Board of Parole and Community Corrections, under this article, releasees are considered to be in the legal custody of the Board of Parole and Community Corrections. In every case, supervision by a parole agent after release from prison shall be for a period equal to the remainder of the term of his imprisonment. Violation after release and during the term of supervision under this section may be the basis, under the procedures of Section 24-21-680, for revocation of release and return of the releasee to the Department of Corrections for imprisonment and to serve his sentence as though he had not been released. No credit on the time of the sentence is given for time elapsing between release and revocation."
SECTION 25. Sections 24-3-2000 and 24-3-2040 of the 1976 Code are repealed.
SECTION 26. Section 16-3-20 of the 1976 Code, as last amended by Act 104 of 1985, is amended to read:
"Section 16-3-20. (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 without possibility of parole in any case in which one or more aggravating circumstances, as set forth in subsection (C) herein, has been charged and specifically found beyond a reasonable doubt. However, under no circumstances may a female who is pregnant with child be executed so long as she is in that condition. A person who is convicted of or pleads guilty or nolo contendere to murder in which a statutory aggravating circumstance is not found must be punished by imprisonment for life and is not eligible for parole until the service of twenty years. When the Governor commutes a sentence of death under the provisions of Section 14 of Article IV of the Constitution of South Carolina, 1895, 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 twenty years' imprisonment required by this subsection.

(B) Upon conviction or adjudication of guilt of a defendant of murder where the death penalty or a sentence of imprisonment for life without possibility of parole is sought, the court shall conduct a separate sentencing proceeding to determine whether the defendant should be sentenced to death or life imprisonment without parole, or life imprisonment with a minimum service of twenty years. The proceeding shall must be conducted by the trial judge before the trial jury as soon as practicable after the lapse of twenty-four hours unless waived by the defendant. If the trial by jury has been waived by the defendant and the State, or if the defendant pleaded guilty, the sentencing proceeding shall must be conducted before the court. In the sentencing proceeding, the jury or judge shall hear additional evidence in extenuation, mitigation, or aggravation of the punishment. Only such evidence in aggravation as the State has made known to the defendant in writing prior to the trial shall be is admissible. This section shall must not be construed to authorize the introduction of any evidence secured in violation of the Constitution of the United States or the State of South Carolina or the applicable laws of either. The State, the defendant, and his counsel shall must be permitted to present arguments for or against the sentence of death. The defendant and his counsel shall have the closing argument regarding the sentence to be imposed.

(C) The judge shall consider, or he shall include in his instructions to the jury for it to consider, any mitigating circumstances otherwise authorized or allowed by law and any of the following statutory aggravating and mitigating circumstances which may be supported by the evidence:

(a) Aggravating circumstances:

(1) Murder was committed while in the commission of the following crimes or acts: (a) rape, (b) assault with intent to ravish, (c) kidnapping, (d) burglary, (e) robbery while armed with a deadly weapon, (f) larceny with use of a deadly weapon, (g) housebreaking, and (h) killing by poison and (i) physical torture;

(2) Murder was committed by a person with a prior record of conviction for murder;

(3) The offender by his act of murder knowingly created a great risk of death to more than one person in a public place by means of a weapon or device which would normally be hazardous to the lives of more than one person;

(4) The offender committed the offense of murder for himself or another, for the purpose of receiving money or any other thing of monetary value;

(5) The murder of a judicial officer, former judicial officer, solicitor, former solicitor, or other officer of the court during or because of the exercise of his official duty;

(6) The offender caused or directed another to commit murder or committed murder as an agent or employee of another person;

(7) The offense of murder was committed against any peace officer or former peace officer, corrections employee or former corrections employee, or fireman or former fireman while engaged in during or because of the performance of his official duties.;

(8) Murder wherein two or more persons are murdered by the defendant by one act or pursuant to one scheme or course of conduct.

(b) Mitigating circumstances:

(1) The defendant has no significant history of prior criminal conviction involving the use of violence against another person.;

(2) The murder was committed while the defendant was under the influence of mental or emotional disturbance;

(3) The victim was a participant in the defendant's conduct or consented to the act;

(4) The defendant was an accomplice in the murder committed by another person and his participation was relatively minor;

(5) The defendant acted under duress or under the domination of another person;

(6) 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;

(7) The age or mentality of the defendant at the time of the crime;

(8) The defendant was provoked by the victim into committing the murder;

(9) The defendant was below the age of eighteen at the time of the crime.

The statutory instructions as to aggravating and mitigating circumstances shall must be given in charge and in writing to the jury for its deliberation. Where the solicitor seeks the death penalty, The the jury, if its verdict be a recommendation of death or of life imprisonment without possibility of parole, shall designate in writing, and signed by all members of the jury, the aggravating circumstance or circumstances which it found beyond a reasonable doubt. In nonjury cases the judge shall make such designation. Unless at least one of the statutory aggravating circumstances enumerated in this section is so found, the death penalty or a sentence of imprisonment for life without possibility of parole 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. Where a statutory aggravating circumstance is found and a recommendation of life imprisonment is made, the court shall sentence the defendant to imprisonment for life without possibility of parole. The trial judge, prior to imposing the death penalty or life imprisonment without parole, 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 arbitrary factor. Where a sentence of death is not recommended by the jury If the jury finds beyond a reasonable doubt the existence of at least one of the statutory aggravating circumstances and returns a recommendation of life imprisonment, the court shall sentence the defendant to life imprisonment. without possibility of parole. If the jury fails to find at least one of the statutory aggravating circumstances beyond a reasonable doubt, the court shall sentence the defendant to life imprisonment without eligibility for parole until the service of twenty years. In the event that all members of the jury, after having found at least one of the statutory aggravating circumstances, and 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 jury and shall sentence the defendant to life imprisonment without possibility of parole. The jury shall not recommend the death penalty if the vote for such penalty is not unanimous.

(D) Notwithstanding the provisions of Section 14-7-1020, in cases involving capital punishment any person called as a juror shall must be examined by the attorney for the defense.

(E) In every criminal action in which a defendant is charged with a crime which may be punishable by death, a person may not be disqualified, excused, or excluded from service as a juror therein by reason of his beliefs or attitudes against capital punishment unless such beliefs or attitudes would render him unable to return a verdict of guilty according to law.

(F) Notwithstanding any other provision of law, no defendant must be sentenced to death or to life imprisonment without possibility of parole unless the jury, or the judge, if there is no jury, determines that the defendant personally took the life of the murder victim or victims, or, if the murder was committed by another, that the defendant personally intended that life be taken."
SECTION 27. Section 16-3-26 of the 1976 Code, as amended by Act 55 of 1978, is further amended to read:
"Section 16-3-26. (A) Whenever the Solicitor seeks the death penalty or a sentence of life imprisonment without possibility of parole, he shall notify the defense attorney of his intention to seek such penalty at least 30 days prior to the trial of the case. At the request of the defense attorney, the defense attorney shall be excused from all other trial duties ten days prior to the term of court in which the trial is to be held.

(B) Whenever any person is charged with murder and the death penalty or a sentence of life imprisonment without possibility of parole is sought, the court, upon determining that such person is unable financially to retain adequate legal counsel, shall appoint two attorneys to defend such person in the trial of the action. One of the attorneys so 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.

The State shall pay from funds appropriated for the defense of indigents such fee Notwithstanding any other provision of law, the court shall order payment of fees and costs, not to exceed fifteen hundred five thousand dollars per trial, as the court shall deem appropriate.

(C) Upon a finding in ex parte proceedings that investigative, expert or other services are reasonably necessary for the representation of the defendant whether in connection with issues relating to guilt or sentence, the court shall authorize the defendant's attorneys to obtain such services on behalf of the defendant and shall order the payment, from state funds appropriated for the defense of indigents, of fees and expenses not to exceed two thousand dollars as the court shall deem appropriate. Upon a finding that timely procurement of such services cannot await prior authorization, the court may authorize the provision of and payment for such services nunc pro tunc."
SECTION 28. Section 16-3-28 of the 1976 Code is amended to read:
"Section 16-3-28. Notwithstanding any other provision of law, in any criminal trial where the maximum penalty is death or imprisonment for life without possibility of parole, or in a separate sentencing proceeding following such trial, the defendant or his counsel shall have the right to make the last argument."
SECTION 29. Section 16-23-490 of the 1976 Code is amended to read:
"Section 16-23-490. Any person who is convicted of committing or attempting to commit a violent crime as defined in Section 16-1-60, if the person is in possession of a firearm or visibly displays what appears to be a firearm during the commission of the violent crime, an assault with intent to kill, an assault of a high and aggravated nature, an assault and battery with intent to kill, an assault and battery of a high and aggravated nature, grand larceny, burglary, housebreaking, rape, or assault with intent to ravish, when armed with or having in his possession any machine gun, automatic rifle, revolver, pistol or other firearm shall, in addition to the punishment provided for the crime, except where a death penalty or a life term is imposed, be punished for a first conviction by imprisonment for not more than one year or a fine of one thousand dollars, or both; upon a second conviction, be imprisoned for not more than two years; upon a third and subsequent conviction, by imprisonment for not more than five years, in the discretion of the court by a term of imprisonment of five years; provided, that this five-year sentence does not apply in cases where the death penalty or a life sentence without parole is imposed for the violent crime. Service of this five-year sentence is mandatory unless a longer mandatory minimum term of imprisonment is provided by law for the violent crime. The court may impose this mandatory five-year sentence to run consecutively or concurrently. The person so sentenced under this section is not eligible during this five-year period for parole, work release, or extended work release. Such five years may not be suspended and the person may not complete his term of imprisonment in less than five years pursuant to good time credits or work credits; however, the person may earn credits during this period.

As used in this section, 'firearm' means any machine gun, automatic rifle, revolver, pistol, or any weapon which will, or is designed to, or may readily be converted to expel a projectile.

No such additional punishment shall may be imposed unless the indictment shall have alleged as a separate count that the person was in possession of a firearm or visibly displayed what appeared to be armed with or had in his possession any such a firearm during the commission of the violent crime and conviction was had upon such this count in the indictment. The penalties prescribed in this section shall may not be imposed unless the person convicted was at the same time indicted and convicted of one of the offenses hereinabove enumerated a violent crime as defined in Section 16-1-60."
SECTION 30. (A) Section 1 of Act 185 of 1977, as amended by Act 100 of 1981, is officially designated as Section 24-13-610 of the 1976 Code.

(B) Section 24-13-610 of the 1976 Code is amended to read:
"Section 24-13-610. The Department of Corrections (department) may establish an extended work release program. The program may allow the exceptional regular work release resident, male or female, convicted of a first and not more than a second offense, the opportunity of extended work release placement in the community with the privilege of residing with an approved community sponsor and continuing employment in the community; provided, that no person convicted of murder or criminal sexual conduct in the first degree may participate in this extended work release program."
SECTION 31. Section 24-21-640 of the 1976 Code, as amended by Act 100 of 1981, is further amended to read:
"Section 24-21-640. The Board shall carefully consider the record of the prisoner before and after imprisonment, and no such prisoner shall may be paroled until it shall appear to the satisfaction of the Board: that the prisoner has shown a disposition to reform; that, in the future he will probably obey the law and lead a correct life; that by his conduct he has merited a lessening of the rigors of his imprisonment; that the interests of society will not be impaired thereby; and, that suitable employment has been secured for him. The Board shall establish written, specific criteria for the granting of parole and provisional parole. Such This criteria shall reflect all of the aspects of this section. The criteria shall must be made available to all prisoners at the time of their incarceration and the general public. The paroled prisoner shall, as often as may be required, render a written report to the Board giving such that information as may be required by the Board which shall must be confirmed by the person in whose employment the prisoner may be at the time. The Board shall not grant parole nor is parole authorized to any prisoner serving a sentence for a second or subsequent conviction, following a separate sentencing for a prior conviction, for violent crimes as defined in Section 16-1-60. Provided that where more than one included offense shall be committed within a one day period or pursuant to one continuous course of conduct, such multiple offenses shall be treated for purposes of this section as one offense."
SECTION 32. Section 24-21-645 of the 1976 Code, which was added by the provisions of Act 100 of 1981, is amended to read:
"Section 24-21-645. The Board may issue an order authorizing the parole which shall must be signed either by a majority of its members or by all three members meeting as a parole panel on the case, ninety days prior to the effective date of the parole; provided that at least two-thirds of the members of the Board must authorize and sign orders authorizing parole for persons convicted of a violent crime as defined in Section 16-1-60. A provisional parole order shall include the terms and conditions, if any, to be met by the prisoner during the provisional period and terms and conditions, if any, to be met upon parole. Upon satisfactory completion of the provisional period, the Executive Director or one lawfully acting for him, shall issue an order, which, if accepted by the prisoner, shall provide for his release from custody.

Provided, that upon a negative determination of parole, prisoners in confinement for a violent crime as defined in Section 16-1-60 must have their case reviewed every two years for the purpose of a determination of parole."
SECTION 33. Section 24-21-650 of the 1976 Code, as amended by Act 110 of 1977, is further amended to read:
"Section 24-21-650. The Board shall issue an order authorizing the parole which shall must be signed by at least a majority of its members, with terms and conditions, if any; provided that at least two-thirds of the members of the Board must sign orders authorizing parole for persons convicted of a violent crime as defined in Section 16-1-60. Thereupon the supervisor of parole, or one lawfully acting for him, shall issue a parole order, which, if accepted by the prisoner, shall provide for his release from custody.

Provided, that upon a negative determination of parole, prisoners in confinement for a violent crime as defined in Section 16-1-60 must have their case reviewed every two years for the purpose of a determination of parole."
SECTION 34. The 1976 Code is amended by adding Section 16-1-60 to read:
"Section 16-1-60. For purposes of definition under South Carolina law a violent crime includes the offenses of murder, criminal sexual conduct in the first and second degree, assault and battery with intent to kill, kidnapping, voluntary manslaughter, armed robbery, drug trafficking as defined in Section 44-53-370(e), arson in the first degree, burglary in the first degree, and burglary in the second degree under Section 16-11-312(B)."
SECTION 35. The 1976 Code is amended by adding Section 16-1-70 to read:
"Section 16-1-70. For purposes of definition under South Carolina law a nonviolent crime is all offenses not specifically enumerated in Section 16-1-60."
SECTION 36. Section 24-21-610 of the 1976 Code, as last amended by Act 482 of 1984, is further amended to read:
"Section 24-21-610. In all cases cognizable under this chapter the Board may, upon ten days' written notice to the solicitor and judge who participated in the trial of any prisoner, parole a prisoner convicted of a felony crime and imprisoned in the state penitentiary, in any jail, or upon the public works of any county who if:

(1) sentenced for not more than thirty years has served at least one third of the term;

(2) sentenced to life imprisonment or imprisonment for any period in excess of thirty years, has served at least ten years;.

(3) he is a first offender and is sentenced for an indeterminate term has served the minimum for which he was sentenced.

If after January 1, 1984, the Board finds that the statewide case classification system provided for in Chapter 23 of this title has been implemented, that an intensive supervision program for parolees who require more than average supervision has been implemented, that a system for the periodic review of all parole cases in order to assess the adequacy of supervisory controls and of parolee participation in rehabilitative programs has been implemented, and that a system of contracted rehabilitative services for parolees is being furnished by public and private agencies, then in all cases cognizable under this chapter the Board may, upon ten days' written notice to the solicitor and judge who participated in the trial of any prisoner, to the victim or victims, if any, of the felony crime, and to the sheriff of the county where the prisoner resides or will reside, parole a prisoner convicted of a felony and imprisoned in the state penitentiary, in any jail, or upon the public works of any county who, if: (1) sentenced for the crime of murder, armed robbery, criminal sexual assault, assault and battery with intent to kill, or kidnapping, has served at least one third of the term sentenced for a violent crime as defined in Section 16-1-60, has served at least one third of the term or the mandatory minimum portion of sentence, whichever is longer. For any other crime the prisoner shall have served at least one fourth of the term of a sentence or if; (2) sentenced to life imprisonment or imprisonment for any period in excess of forty years, has served at least ten years; (3) he is a first offender and is sentenced for an indeterminate term has served the minimum for which he was sentenced.

The provisions of this section do not affect the parole ineligibility provisions for murder, armed robbery, and drug trafficking as set forth respectively in Section 16-3-20, Section 16-11-330, and subsection (e) of Section 44-53-370.

In computing parole eligibility, no deduction of time may be allowed in any case for good behavior, but after June 30, 1981, there must be deductions of time in all cases for earned work credits, notwithstanding the provisions of Sections 16-3-20, 16-11-330, and 24-13-230.

Notwithstanding the provisions of this section, the Board may parole any prisoner not sooner than one year prior to the prescribed date of parole eligibility when, based on medical information furnished to it, the Board determines that the physical condition of the prisoner concerned is so serious that he would not be reasonably expected to live for more than one year. Notwithstanding any other provision of this section or of law, no prisoner who has served a total of ten consecutive years or more in prison may be paroled until the Board has first received a report as to his mental condition and his ability to adjust to life outside the prison from a duly qualified psychiatrist or psychologist."
SECTION 37. Section 24-13-710 of the 1976 Code, as last amended by Act 96 of 1983, is further amended to read:
"Section 24-13-710. The Department of Corrections and the Parole and Community Corrections Board will jointly develop the policies, procedures, guidelines, and cooperative agreement for the implementation of a supervised furlough program which will permit carefully screened and selected inmates who have served the mandatory minimum sentence as required by law or have not committed the crime of murder, armed robbery, criminal sexual assault, assault and battery with intent to kill, drug trafficking, or kidnapping a violent crime as defined in Section 16-1-60 to be released on furlough prior to parole eligibility and under the supervision of state probation and parole agents with the privilege of residing in an approved residence and continuing treatment, training, or employment in the community until parole eligibility or expiration of sentence, whichever is earlier. The department and the Parole and Community Corrections Board shall assess a fee sufficient to cover the cost of the participant's supervision and any other financial obligations incurred because of his participation in the supervised furlough program as provided by this article. The two agencies shall jointly develop and approve written guidelines for the program to include, but not be limited to, the selection criteria and process, requirements for supervision, conditions for participation, and removal. The cooperative agreement between the two agencies will specify the responsibilities and authority for implementing and operating the program. Inmates approved and placed on the program will be under the supervision of agents of the Department of Parole and Community Corrections who will be responsible for insuring the inmate's compliance with the rules, regulations, and conditions of the program as well as monitoring the inmate's employment and participation in any of the prescribed and authorized community-based correctional programs such as vocational rehabilitation, technical education, and alcohol/drug treatment. Eligibility criteria for the program shall include, but are not limited to, all of the following requirements:

(1) Maintain a clear disciplinary record for at least six months prior to consideration for placement on the program.

(2) Demonstrate to Department of Corrections officials a general desire to become a law-abiding member of society.

(3) Satisfy any other reasonable requirements imposed upon him by the Department of Corrections.

(4) Have an identifiable need for and willingness to participate in authorized community-based programs and rehabilitative services.

(5) Have been committed to the State Department of Corrections with a total sentence of five years or less as the first or second adult commitment for a criminal offense for which the inmate received a sentence of one year or more.

These requirements shall not apply to the crimes referred to in this section."
SECTION 38. Section 17-25-45 of the 1976 Code is amended to read:
"Section 17-25-45. (1) A. Notwithstanding any other provision of law, any person who has three convictions under the laws of this State, any other state, or the United States, for the crimes of voluntary manslaughter, criminal sexual conduct in the first degree, armed robbery, burglary, safecracking, and assault and battery with intent to kill a violent crime as defined in Section 16-1-60 except a crime for which a sentence of death may be imposed shall, upon such the third conviction in this State for such crime, be sentenced to life in prison imprisonment without parole.

B. No part of the sentences prescribed in item A. shall be suspended but persons sentenced thereunder shall be eligible for parole as provided by law.

C. B. For the purpose of this section only, a conviction shall be is considered a second conviction only if the date of the commission of the second crime occurred subsequent to the imposition of the sentence for the first offense. A conviction shall be is considered a third conviction only if the date of the commission of the third crime occurred subsequent to the imposition of the sentence for the second offense. Convictions totaling more than three shall must be determined in a like manner.

(2) The decision to invoke sentencing under subsection (1) shall be in the discretion of the solicitor."
SECTION 39. Title 16 of the 1976 Code is amended by adding:

"CHAPTER 26
Expungement of Criminal Records of
Persons Twenty-Five or Younger

Section 16-26-10. Any person who has not previously been convicted of any other crime under the laws of this State or any other state who has served his sentence for one of the misdemeanor offenses enumerated in Section 16-26-30, if the person was not over twenty-five years of age at the time of the offense, may apply to the circuit court one year after the completion of the sentence for an order to expunge from all official records information relating to his offense and including information regarding his arrest, indictment, trial, finding of guilty, conviction, or service of sentence. The court at the time of its hearing and prior to its order may consider the family court record of the offender in this or any other state. If the court determines, after hearing, that the person has completed his sentence and that he was not over twenty-five years of age at the time of the offense, it shall enter the order. The effect of the order is to restore the person, in the contemplation of the law, to the status he occupied before the arrest or indictment. No person as to whom the order has been entered may be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of his failures to recite or acknowledge the arrest, or indictment, or trial in response to any inquiry made of him for any purpose.

Section 16-26-20. Notwithstanding the provisions of Section 16-26-10, a nonpublic record must be forwarded to and retained by South Carolina Law Enforcement Division solely for the purpose of use by the courts in determining whether or not a person has committed a subsequent offense under any other provision of law.

Section 16-26-30. The offenses to which this chapter applies are as follows:
Section 16-5-50         Penalty for hindering officers of rescuing prisoners
Section 16-7-110     Wearing masks and the like
Section 16-7-160     Illegal use of stink bombs or other devices containing offensive odors
Section 16-9-320     Opposing or resisting law
(a)                             enforcement officer serving process
Section 16-11-150     Burning lands of another without consent - first offense
Section 16-11-510     Malicious injury to animals and other personal property; two hundred dollars or more, but less than one thousand dollars in value
Section 16-11-520     Malicious injury to real property; two hundred dollars or more but less than one thousand dollars in value
Section 16-11-580     Cutting, removing or transporting timber, logs or lumber without permission; two hundred dollars or more, but less than one thousand dollars in value
Section 16-11-740     Malicious injury to telegraph, telephone, or electric utility system; two hundred dollars or more, but less than one thousand dollars in value
Section 16-13-50     Stealing livestock; two hundred dollars or more, but less than one thousand dollars in value
Section 16-13-60     Stealing Dogs
Section 16-13-150     Purse snatching
Section 16-13-160     Breaking into motor vehicles or tanks, pumps and other containers wherein fuel or lubricants are stored
Section 16-13-400     Avoiding or attempting to avoid payment of telecommunications services
Section 16-13-420     Failure to return rented objects; fraudulent appropriation of such; two hundred dollars or more, but less than one thousand dollars in value
Section 16-14-60     Financial transaction card (a)(2)d.,(c) and fraud (d)
Section 16-15-130     Indecent exposure
Section 16-17-420     Disturbing schools
Section 16-17-430     Unlawful uses of telephone (1), (2) and (3)
Section 16-17-510     Enticing enrolled child from attendance in public school
Section 16-17-530     Public disorderly conduct
Section 16-17-560     Assault or intimidation on account of political opinions or exercise of civil rights
Section 16-17-570     Interference with fire and police alarm boxes; giving false alarms
Section 16-17-600     Destruction of graves and graveyards
Section 16-17-650     Cockfighting
Section 16-17-680     Unlawful purchase or transportation of copper wire or copper pipe
Section 16-17-710     Scalping tickets
Section 16-17-720     Impersonating law enforcement officer
Section 16-19-10     Setting up lotteries
Section 16-19-40     Unlawful games and betting
Section 16-19-130     Betting, pool selling, book making and the like are prohibited
Section 16-21-60     Use of vehicle without permission
Section 22-3-560     Simple assault
Section 23-31-160     False information shall not be given in applying for license
Section 29-1-30         Wilful sale of property on which lien exists (fifty dollars and over)
Section 36-9-319     Sale of secured property without consent (more than fifty dollars)
Section 40-19-270     Conducting funeral or other services without license
Section 45-1-50         Defrauding keeper of hotel, motel, inn, boardinghouse, roominghouse, cafe or restaurant
Section 56-5-750     Failure to stop motor vehicle when signaled by law enforcement vehicle
Section 56-5-1210     Duties of a driver involved in accident resulting in death or personal injury
Section 56-5-1620     Penalties for racing; revocation or suspension of drivers' licenses and registrations
Section 61-9-40         Sale to minor under twenty years (alcohol)
Section 61-13-210     Unlawful manufacture, sale, possession, use or transportation of alcoholic liquors - first offense
Section 61-13-220     Unlawful storage or transportation of alcoholic liquors - first offense
Section 61-13-260     Unlawful storage or possession of alcoholic liquors - first offense
Section 61-13-300     Manufacture, transfer, or possession of distillery or integral part thereof is unlawful - first offense
Section 61-13-320     Making, possessing, or permitting upon one's premises mash or similar materials is unlawful - first offense."
SECTION 40. This act shall take effect upon approval by the Governor; provided, however, that Sections 17 through 25 shall take effect January 1, 1987.

Amend title to Conform

Rep. SHEHEEN explained the amendment.

LEAVE OF ABSENCE

The SPEAKER granted Rep. O. PHILLIPS a leave of absence for the remainder of the day.

SPEAKER Pro Tempore IN CHAIR

Rep. SHEHEEN continued speaking.

SPEAKER IN CHAIR

Rep. SHEHEEN continued speaking.

SPEAKER Pro Tempore IN CHAIR
LEAVE OF ABSENCE

The SPEAKER Pro Tempore granted Rep. DAY a leave of absence for the remainder of the day.

Rep. SHEHEEN continued speaking.

The amendment was then adopted.

Rep. LIMEHOUSE proposed the following Amendment No. 2 (Doc. No. 2272R), which was tabled.

Amend the Report of the Judiciary Committee, as and if amended, in Section 16-23-490 of the 1976 Code as contained in SECTION 29, by inserting after /firearm/ line 33 of page A-26, /or knife/.

Amend further, by inserting after /firearm/ on line 34 of age A-26 /or knife/.

Amend further, by inserting after /firearm/ on line on line 34, page A-27, /or knife/.

Amend further, by inserting after /firearm/ on line 36, page A-27, /or knife/.

Amend further, by inserting after /projectile/ on line 30, page A-27, /, and 'knife' means an instrument or tool consisting of a sharp cutting blade whether or not fastened to a handle which is capable of being used to inflict a cut, slash, or wound./

Amend title to conform.

Rep. LIMEHOUSE explained the amendment.

Rep. SHEHEEN spoke against the amendment and moved to table the amendment.

Rep. LIMEHOUSE demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 46 to 25.

Rep. THRAILKILL proposed the following Amendment No. 3 (Doc. No. 2309R), which was tabled.

Amend the report of the Committee on Judiciary, as and if amended, Section 17-25-70 as contained in SECTION 15, page A-14, line 16, by inserting /and must be transferred to the Central Correctional Institution where he shall serve the balance of his sentence/ after /herein/.

Amend title to conform.

Rep. THRAILKILL explained the amendment.

Rep. SHEHEEN spoke against the amendment and moved to table the amendment which was agreed to.

Rep. THRAILKILL proposed the following Amendment No. 4 (Doc. No. 2312R), which was tabled.

Amend the report of the Committee on Judiciary, as and if amended, Section 24-3-40 as contained in SECTION 9, page A-9, line 30, by striking /five/ and inserting /fifteen/.

Amend title to conform.

Rep. THRAILKILL explained the amendment.

Rep. SHEHEEN spoke against the amendment and moved to table the amendment which was agreed to.

Reps. T. ROGERS and DAY proposed the following Amendment No. 5 (Doc. No. 2325R).

Amend the Report of the Judiciary Committee, as and if amended, in Section 16-23-490 of the 1976 Code as contained in SECTION 29, page A-27, beginning on line 16, by striking /The court may impose this mandatory five-year sentence to run consecutively or concurrently./ and inserting /The court shall impose this mandatory five-year sentence to run consecutively./

Amend title to conform.

Rep. SHEHEEN moved to adjourn debate upon the amendment, which was adopted.

Reps. T. ROGERS and DAY proposed the following Amendment No. 6 (Doc. No. 2303R).

Amend the report of the Judiciary Committee, as and if amended, by adding a new section to be appropriately numbered which shall read:

/SECTION ___.     Notwithstanding any other provision of law, no person sentenced to serve a term of imprisonment after July 1, 1989 in any state or local correctional facility may be released for any reason until he has served the full term of his sentence. Effective July 1, 1989 all early release mechanisms including parole, extended work release, supervised furlough, and the Prison Overcrowding Act, are abolished. The Board of Parole and Community Corrections on July 1, 1989 for a period of five years thereafter shall set release dates for all prisoners incarcerated in the State system as of June 30, 1989 which release dates must be determined in accordance with present provisions of law./

Renumber sections to conform.

Amend title to conform.

Rep. T. ROGERS moved to adjourn debate upon the amendment, which was adopted.

Reps. HAYES and FREEMAN proposed the following Amendment No. 7 (Doc. No. 2244R), which was tabled.

Amend the bill, as reported by the Committee on Judiciary, by striking Section 16-3-20, as contained in SECTION 26, and inserting:

/Section 16-3-20.     (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 without possibility of parole, or by imprisonment for life without possibility of parole until the service of twenty years in any case in which one or more aggravating circumstances, as set forth in subsection (C) herein, has been charged and specifically found beyond a reasonable doubt. However, under no circumstances may a female who is pregnant with child be executed so long as she is in that condition. A person who is convicted of or pleads guilty or nolo contendere to murder in which a statutory aggravating circumstance is not found must be punished by imprisonment for life and is not eligible for parole until the service of twenty years. When the Governor commutes a sentence of death under the provisions of Section 14 of Article IV of the Constitution of South Carolina, 1895, 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 twenty years' imprisonment required by this subsection.

(B)     Upon conviction or adjudication of guilt of a defendant of murder where one or more aggravating circumstances, as set forth in subsection (C) has been found, the court shall conduct a separate sentencing proceeding to determine whether the defendant should be sentenced to death or life imprisonment without parole, or life imprisonment with a minimum service of twenty years. The proceeding shall must be conducted by the trial judge before the trial jury as soon as practicable after the lapse of twenty-four hours unless waived by the defendant. If the trial by jury has been waived by the defendant and the State, or if the defendant pleaded guilty, the sentencing proceeding shall must be conducted before the court. In the sentencing proceeding, the jury or judge shall hear additional evidence in extenuation, mitigation, or aggravation of the punishment. Only such evidence in aggravation as the State has made known to the defendant in writing prior to the trial shall be is admissible. This section shall must not be construed to authorize the introduction of any evidence secured in violation of the Constitution of the United States or the State of South Carolina or the applicable laws of either. The State, the defendant, and his counsel shall must be permitted to present arguments for or against the sentence of death. The defendant and his counsel shall have the closing argument regarding the sentence to be imposed.

(C)     The judge shall consider, or he shall include in his instructions to the jury for it to consider, any mitigating circumstances otherwise authorized or allowed by law and any of the following statutory aggravating and mitigating circumstances which may be supported by the evidence:

(a)     Aggravating circumstances:

(1)     Murder was committed while in the commission of the following crimes or acts: (a) rape, (b) assault with intent to ravish, (c) kidnapping, (d) burglary, (e) robbery while armed with a deadly weapon, (f) larceny with use of a deadly weapon, (g) housebreaking, and (h) killing by poison and (i) physical torture;

(2)     Murder was committed by a person with a prior record of conviction for murder;

(3)     The offender by his act of murder knowingly created a great risk of death to more than one person in a public place by means of a weapon or device which would normally be hazardous to the lives of more than one person;

(4)     The offender committed the offense of murder for himself or another, for the purpose of receiving money or any other thing of monetary value;

(5)     The murder of a judicial officer, former judicial officer, solicitor, former solicitor, or other officer of the court during or because of the exercise of his official duty;

(6)     The offender caused or directed another to commit murder or committed murder as an agent or employee of another person;

(7)     The offense of murder was committed against any peace officer or former peace officer, corrections employee or former corrections employee, or fireman or former fireman while engaged in during or because of the performance of his official duties.;

(8)     Murder wherein two or more persons are murdered by the defendant by one act or pursuant to one scheme or course of conduct.

(b)     Mitigating circumstances:

(1)     The defendant has no significant history of prior criminal conviction involving the use of violence against another person.;

(2)     The murder was committed while the defendant was under the influence of mental or emotional disturbance;

(3)     The victim was a participant in the defendant's conduct or consented to the act;

(4)     The defendant was an accomplice in the murder committed by another person and his participation was relatively minor;

(5)     The defendant acted under duress or under the domination of another person;

(6)     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;

(7)     The age or mentality of the defendant at the time of the crime;

(8)     The defendant was provoked by the victim into committing the murder;

(9)     The defendant was below the age of eighteen at the time of the crime.

The statutory instructions as to aggravating and mitigating circumstances shall must be given in charge and in writing to the jury for its deliberation. Where the solicitor seeks the death penalty, The the jury, if its verdict be a recommendation of death or of life imprisonment without possibility of parole or of life imprisonment with a minimum service of twenty years, shall designate in writing, and signed by all members of the jury, the aggravating circumstance or circumstances which it found beyond a reasonable doubt. In nonjury cases the judge shall make such designation. Unless at least one of the statutory aggravating circumstances enumerated in this section is so found, the death penalty or a sentence of imprisonment for life without possibility of parole 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. Where a statutory aggravating circumstance is found and a recommendation of life imprisonment is made or a recommendation of life imprisonment with a minimum service of twenty years, the court shall sentence the defendant to imprisonment for life without possibility of parole or to imprisonment for life with a minimum service of twenty years, as the case may be. The trial judge, prior to imposing the death penalty or life imprisonment without parole or life imprisonment with a minimum service of twenty years, 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 arbitrary factor. Where a sentence of death is not recommended by the jury If the jury finds beyond a reasonable doubt the existence of at least one of the statutory aggravating circumstances and returns a recommendation of life imprisonment or life imprisonment with a minimum service of twenty years, the court shall sentence the defendant to life imprisonment. without possibility of parole or life imprisonment with a minimum service of twenty years, as the case may be. If the jury fails to find at least one of the statutory aggravating circumstances beyond a reasonable doubt, the court shall sentence the defendant to life imprisonment without eligibility for parole until the service of twenty years. In the event that all members of the jury, after having found at least one of the statutory aggravating circumstances, and 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 jury and shall sentence the defendant to life imprisonment without possibility of parole or life imprisonment with a minimum service of twenty years. The jury shall not recommend the death penalty if the vote for such penalty is not unanimous.

(D)     Notwithstanding the provisions of Section 14-7-1020, in cases involving capital punishment any person called as a juror shall must be examined by the attorney for the defense.

(E)     In every criminal action in which a defendant is charged with a crime which may be punishable by death, a person may not be disqualified, excused, or excluded from service as a juror therein by reason of his beliefs or attitudes against capital punishment unless such beliefs or attitudes would render him unable to return a verdict of guilty according to law.

(F)     Notwithstanding any other provision of law, no defendant must be sentenced to death or to life imprisonment without possibility of parole unless the jury, or the judge, if there is no jury, determines that the defendant personally took the life of the murder victim or victims, or, if the murder was committed by another, that the defendant personally intended that life be taken."/

Amend title to conform.

Rep. HAYES explained the amendment.

LEAVE OF ABSENCE

The SPEAKER Pro Tempore granted Rep. COOPER a leave of absence for the remainder of the day.

Rep. HAYES continued speaking.

Rep. L. MARTIN asked unanimous consent that the time of the speaker be extended 5 minutes, which was agreed to.

Rep. HAYES continued speaking.

Rep. SHEHEEN spoke against the amendment.

Rep. BRETT moved to table the amendment.

Rep. HAYES demanded the yeas and nays, which were taken resulting as follows:

Yeas 66; Nays 20

Those who voted in the affirmative are:

Alexander              Altman                 Arthur, J.
Aydlette               Bailey, G.             Barfield
Beasley                Blackwell              Boan
Bradley, P.            Brett                  Brown, G.
Brown, H.              Brown, R.              Burriss, J.H.
Burriss, M.D.          Burriss, T.M.          Carnell
Chamblee               Cleveland              Dangerfield
Derrick                Elliott                Faber
Fair                   Felder                 Ferguson
Foxworth               Gilbert                Harris, J.
Harris, P.             Harvin                 Hawkins
Hearn                  Helmly                 Hendricks, B.
Keyserling             Klapman                Lake
Limehouse              Lockemy                Martin, D.
Martin, L.             Mattos                 McEachin
McLellan               McLeod                 McTeer
Moss                   Neilson                Nettles
Ogburn                 Pearce                 Phillips, L.
Rhoad                  Rice                   Rogers, J.
Russell                Sheheen                Simpson
Stoddard               Sturkie                Thrailkill
Tucker                 Waldrop                Woodruff

Total--66

Those who voted in the negative are:

Anderson, S.           Bennett                Bradley, J.
Cork                   Davenport              Evatt
Foster                 Freeman                Gregory
Griffin                Hayes                  Johnson, J.C.
Kay                    Kirsh                  Mangum
McAbee                 Rogers, T.             Taylor
Townsend               Wilkins

Total--20

So the amendment was tabled.

POINT OF ORDER

Rep. McABEE raised the Point of Order that S.459 appropriated money, and must be referred to the Committee on Ways and Means in accordance with Rule 5.1. He further stated that as the Bill had not appeared on either the Uncontested or Contested Calendar, that he had been precluded from raising the Point prior to the Bill being set for Special Order.

Rep. FELDER inquired if a Fiscal Impact Statement was attached to the Bill.

The SPEAKER Pro Tempore stated that there was a Fiscal Impact Statement attached. He then cited Rule 4.4 to the effect that once a Bill has been set for Special Order, no Point may be raised regarding its reference to committee, and he overruled the Point of Order.

POINT OF ORDER

Rep. BLACKWELL raised the Point of Order that it was now 12:30 p.m., and the House was in recess.

The SPEAKER Pro Tempore stated that in accordance with Rule 6.1, the mandatory 12:30 p.m. recess was not in effect when the House is debating Special Orders, and he overruled the Point of Order.

Rep. KIRSH moved that the House do now adjourn.

Rep. SCHWARTZ demanded the yeas and nays, which were taken resulting as follows:

Yeas 16; Nays 72

Those who voted in the affirmative are:

Blackwell              Bradley, J.            Burriss, M.D.
Cleveland              Cork                   Evatt
Foxworth               Harris, P.             Hearn
Hendricks, B.          Kay                    Kirsh
Kohn                   Rhoad                  Simpson
Taylor

Total--16

Those who voted in the negative are:

Schwartz               Alexander              Altman
Anderson, J.           Anderson, S.           Arthur, J.
Aydlette               Bailey, G.             Barfield
Beasley                Boan                   Bradley, P.
Brett                  Brown, G.              Brown, H.
Brown, R.              Burriss, J.H.          Burriss, T.M.
Carnell                Chamblee               Dangerfield
Davenport              Derrick                Elliott
Faber                  Fair                   Felder
Ferguson               Gilbert                Gregory
Griffin                Harris, J.             Harvin
Hawkins                Hayes                  Helmly
Huff                   Johnson, J.C.          Jones
Klapman                Koon                   Lake
Lockemy                Martin, D.             Martin, L.
Mattos                 McEachin               McKay
McLeod                 McTeer                 Moss
Neilson                Nettles                Ogburn
Pearce                 Petty                  Phillips, L.
Rice                   Rogers, J.             Rogers, T.
Russell                Sharpe                 Sheheen
Shelton                Snow                   Stoddard
Sturkie                Townsend               Tucker
Waldrop                Wilkins                Woodruff

Total--72

So the House refused to adjourn.

Rep. P. BRADLEY moved that the House recede until 2:00 which was rejected.

RULE 3.9 INVOKED

Rep. P. BRADLEY moved that Rule 3.9 be invoked. The motion was seconded by ten members and the SPEAKER Pro Tempore ordered that the absent members be sent for.

Rep. T. ROGERS proposed the following Amendment No. 8 (Doc. No. 2313R), which was adopted.

Amend the report of the Judiciary Committee, as and if amended, in Section 24-23-115 of the 1976 Code as contained in SECTION 11 by inserting after /probation/ on line 32 of page A-10 /or as a condition of suspension of sentence/.

Amend title to conform.

Rep. T. ROGERS explained the amendment.

The amendment was then adopted.

LEAVE OF ABSENCE

The SPEAKER Pro Tempore granted Rep. G. BROWN a leave of absence for for the remainder of the day.

Rep. AYDLETTE proposed the following Amendment No. 9 (Doc. No. 2292R), which was tabled.

Amend the report of the Judiciary Committee, as and if amended, in Section 20-7-1350 of the 1976 Code as contained in SECTION 12 by striking /adult/ on lines 8 and 13 of page A-11 and inserting /person/.

Amend title to conform.

Rep. AYDLETTE moved to table the amendment which was agreed to.

Rep. AYDLETTE proposed the following Amendment No. 10 (Doc. No. 2293R), which was adopted.

Amend the report of the Judiciary Committee, as and if amended, in Section 24-13-210 of the 1976 Code as contained in SECTION 13 by striking the sentence which begins on line 33 of page A-12 and by striking /or restore/ which begins on line 37 of page A-12.

Amend title to conform.

Rep. AYDLETTE explained the amendment.

The amendment was then adopted.

Rep. AYDLETTE proposed the following Amendment No. 11 (Doc. No. 2294R), which was tabled.

Amend the report of the Judiciary Committee, as and if amended, in Section 17-25-70 of the 1976 Code as contained in SECTION 15 by striking /Any convicted person physically capable of performing such labor who refuses to obey a direct order to perform such labor shall not be entitled to good behavior credits pursuant to Section 24-13-210 or productive duty credits pursuant to Section 24-13-230 herein; provided, however, that any/ which begins on line 10 of page A-14 and inserting /Any/.

Amend title to conform.

Rep. AYDLETTE explained the amendment.

Rep. SHEHEEN spoke against the amendment.

LEAVE OF ABSENCE

The SPEAKER Pro Tempore granted Rep. McLELLAN a leave of absence for the remainder of the day.

Rep. SHEHEEN continued speaking and moved to table the amendment which was agreed to.

Rep. AYDLETTE proposed the following Amendment No. 12 (Doc. No. 2295R), which was tabled.

Amend the report of the Judiciary Committee, as and if amended, in Section 16-3-20 of the 1976 Code as contained in SECTION 26 by striking:

/(9) The defendant was below the age of eighteen at the time of the crime./
which begins on line 28 of page A-23.

Amend title to conform.

Rep. AYDLETTE explained the amendment.

Rep. SHEHEEN spoke against the amendment and moved to table the amendment which was agreed to.

Rep. AYDLETTE proposed the following Amendment No. 13 (Doc. No. 2298R), which was tabled.

Amend the report of the Judiciary Committee, as and if amended, in Section 16-3-20 of the 1976 Code as contained in SECTION 26 by adding at the end of the section on page A-25 the following:

/(G) As used in this section, the terms "imprisonment for life without possibility of parole" or "life imprisonment without parole" means that the prisoner must be incarcerated for the balance of his natural life unless pardoned by the Governor of South Carolina./

Amend title to conform.

Rep. AYDLETTE explained the amendment.

Rep. SHEHEEN spoke against the amendment.

Rep. AYDLETTE moved to table the amendment which was agreed to.

Rep. AYDLETTE proposed the following Amendment No. 14 (Doc. No. 2300R), which was adopted.

Amend the report of the Judiciary Committee, as and if amended, in Section 24-13-610 of the 1976 Code as contained in SECTION 30 by inserting after /first/ on line 17 of page A-28 /or second/.

Amend title to conform.

Rep. AYDLETTE explained the amendment.

The amendment was then adopted.

Rep. AYDLETTE proposed the following Amendment No. 15 (Doc. No. 2302R), which was tabled.

Amend the report of the Judiciary Committee, as and if amended, in Section 24-21-645 of the 1976 Code as contained in SECTION 32 by striking /two/ on line 37 of page A-29 and inserting /three/.

Amend title to conform.

Rep. AYDLETTE explained the amendment.

Rep. SHEHEEN spoke against the amendment and moved to table the amendment.

Rep. AYDLETTE demanded the yeas and nays, which were not ordered:

The amendment was then tabled by a division vote of 45 to 32.

Rep. AYDLETTE proposed the following Amendment No. 16 (Doc. No. 2304R), which was tabled.

Amend the report of the Judiciary Committee, as and if amended, in Section 24-21-650 of the 1976 Code as contained in SECTION 33 by striking /two/ on line 12 of page A-30 and inserting /three/.

Amend title to conform.

Rep. AYDLETTE explained the amendment.

Rep. SHEHEEN moved to table the amendment.

Rep. AYDLETTE demanded the yeas and nays, which were taken resulting as follows:

Yeas 57; Nays 32

Those who voted in the affirmative are:

Schwartz               Anderson, J.           Anderson, S.
Arthur, J.             Bailey, K.             Barfield
Beasley                Bennett                Blanding
Boan                   Brown, R.              Carnell
Cleveland              Cork                   Elliott
Evatt                  Faber                  Fair
Felder                 Ferguson               Freeman
Gilbert                Gregory                Griffin
Harris, P.             Hawkins                Hayes
Hendricks, B.          Johnson, J.W.          Jones
Keyserling             Klapman                Lake
Lockemy                Martin, D.             Martin, L.
McAbee                 McEachin               McLeod
McTeer                 Mitchell               Neilson
Nettles                Ogburn                 Pearce
Phillips, L.           Rhoad                  Rogers, J.
Rogers, T.             Russell                Sheheen
Shelton                Simpson                Waldrop
Washington             Wilkins                Woodruff

Total--57

Those who voted in the negative are:

Alexander              Aydlette               Bailey, G.
Blackwell              Bradley, J.            Bradley, P.
Brett                  Brown, H.              Burriss, J.H.
Burriss, M.D.          Burriss, T.M.          Chamblee
Dangerfield            Davenport              Derrick
Foxworth               Harris, J.             Harvin
Hearn                  Helmly                 Johnson, J.C.
Kay                    Koon                   Mattos
Moss                   Petty                  Rice
Sturkie                Taylor                 Thrailkill
Townsend               Tucker

Total--32

So the amendment was tabled.

Rep. AYDLETTE proposed the following Amendment No. 17 (Doc. No. 2305R), which was tabled.

Amend the report of the Judiciary Committee, as and if amended, in Section 24-21-610 of the 1976 Code as contained in SECTION 36 by striking /or imprisonment for any period in excess of forty years,/ which begins on line 40 of page A-31; and by striking /ten/ as contained on line 42 of page A-31 and inserting /twenty/.

Amend title to conform.

Rep. AYDLETTE explained the amendment.

Rep. SHEHEEN spoke against the amendment and moved to table the amendment.

REP. AYDLETTE demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 59 to 20.

Rep. AYDLETTE proposed the following Amendment No. 18 (DOC. NO. 2306R), which was tabled.

Amend the report of the Judiciary Committee, as and if amended, in Section 17-25-45 of the 1976 Code as contained in SECTION 38 by striking /in the discretion of the solicitor/ which begins on line 2 of page A-35 and inserting /mandatory/.

Amend title to conform.

Rep. AYDLETTE explained the amendment.

Rep. SHEHEEN spoke against the amendment.

Rep. AYDLETTE spoke in favor of the amendment.

Rep. SHEHEEN moved to table the amendment.

Rep. AYDLETTE demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 53 to 18.

Rep. AYDLETTE proposed the following Amendment No. 19 (Doc. No. 2308R), which was rejected.

Amend the report of the Judiciary Committee, as and if amended, by adding a new section to be appropriately numbered which shall read:

/SECTION ___. On the effective date of this act, the name of the Board of Parole and Community Corrections is changed to the Board of Parole and Community Supervision./

Renumber sections to conform.

Amend title to conform.

Rep. AYDLETTE explained the amendment.

Rep. EVATT moved to table the amendment which was not agreed to by a division vote of 10 to 44.

Rep. EVATT spoke against the amendment.

LEAVE OF ABSENCE

The SPEAKER Pro Tempore granted Rep. FABER a temporary leave of absence.

The question then recurred to the adoption of the amendment, which was rejected by a division vote of 11 to 57.

Rep. AYDLETTE proposed the following Amendment No. 20 (Doc. No. 2307R), which was tabled.

Amend the report of the Judiciary Committee, as and if amended, by adding a new section to be appropriately numbered which shall read:

/Section ____. After a person is convicted or pleads guilty or nolo contendere to a criminal offense for which a term of imprisonment of more than thirty days is imposed by the court, the clerk of court shall prepare and attach to the records sent to the incarceration officials pertaining to that person a statement of the facts and circumstances surrounding the offense including the offense originally charged and the offense of which the person was convicted or pled to./

Renumber remaining sections to conform.

Amend title to conform.

Rep. AYDLETTE explained the amendment.

Rep. SHEHEEN moved to table the amendment which was agreed to.

LEAVE OF ABSENCE

The SPEAKER Pro Tempore granted Rep. KEYSERLING a temporary leave of absence.

LEAVE OF ABSENCE

The SPEAKER Pro Tempore granted Rep. FELDER a leave of absence for the remainder of the day.

Reps. T. ROGERS, P. EVATT and J. BRADLEY proposed the following Amendment No. 21 (Doc. No. 2288R), which was adopted.

Amend the Report of Judiciary Committee, as and if amended, by striking SECTION 14 as contained on page A-13 and inserting:

/SECTION 14.     Section 24-13-230 of the 1976 Code, as last amended by Section 16 of Act 496 of 1978, is further amended to read:

"Section 24-13-230.     (a)     The Commissioner of the Department of Corrections may allow any prisoner in the custody of the Department, who is assigned to a productive duty assignment or who is regularly enrolled and actively participating in an academic, technical or vocational training program, a reduction from the term of his sentence of zero to one day for every two days so he is employed or enrolled;. provided, however However, no inmate suffering the penalty of life imprisonment shall be is entitled to credits under this provision. A maximum annual credit shall be is limited to one hundred eighty days. The amount of credit to be earned for each duty classification or enrollment shall must be determined by the commissioner and published by him in a conspicuous place available to inmates at each correctional institution. No credits earned under this section shall may be applied in a manner which would prevent full participation in the Department's prerelease program.

(b)     The official in charge of a local detention or correctional facility in which persons convicted of offenses against the State serve sentences of confinement shall allow any inmate serving such a sentence in the custody of the facility who is assigned to a mandatory productive duty assignment a reduction from the term of his sentence of zero to one day for every two days so employed. The amount of credit to be earned for each duty classification must be determined by the official in charge of the local detention or correctional facility and published by him in a conspicuous place available to inmates.

(c)     (1)     An individual is only eligible for the educational credits provided for in this section, upon successful participation in an academic, technical or vocational training program.

(2)     The educational credit provided for in this section, is not available to any individual convicted of a violent crime as defined in Section 16-1-60.

(d)     The reduction in sentence as contained in this section for participation in academic, technical or vocational training programs does not apply to those programs where the inmate earns college or university educational credit."/

Amend title to conform.

Rep. T. ROGERS explained the amendment.

LEAVE OF ABSENCE

The SPEAKER Pro Tempore granted Rep. McLEOD a leave of absence for the remainder of the day.

Rep. T. ROGERS continued speaking.

Rep. LIMEHOUSE moved to table the amendment.

Rep. EVATT demanded the yeas and nays, which were taken resulting as follows:

Yeas 20; Nays 46

Those who voted in the affirmative are:

Aydlette               Bradley, P.            Brett
Burriss, J.H.          Burriss, M.D.          Dangerfield
Davenport              Ferguson               Foxworth
Harris, P.             Hearn                  Kay
Klapman                Kohn                   Limehouse
Martin, L.             Mattos                 Taylor
Thrailkill             Tucker

Total--20

Those who voted in the negative are:

Schwartz               Alexander              Anderson, J.
Arthur, J.             Bailey, G.             Bailey, K.
Barfield               Beasley                Bennett
Bradley, J.            Brown, H.              Chamblee
Evatt                  Freeman                Gilbert
Griffin                Harris, J.             Harvin
Hayes                  Helmly                 Hendricks, B.
Huff                   Johnson, J.C.          Johnson, J.W.
Koon                   Lockemy                Martin, D.
McBride                McEachin               McTeer
Mitchell               Moss                   Neilson
Phillips, L.           Rhoad                  Rice
Rogers, J.             Rogers, T.             Sheheen
Shelton                Simpson                Snow
Sturkie                Waldrop                Washington
Woodruff

Total--46

So the House refused to table the amendment.

The question then recurred to the adoption of the amendment, which was agreed to.

Reps. BARFIELD, LIMEHOUSE, SHARPE, M.D. BURRISS, AYDLETTE, RAWL, THRAILKILL, DAVENPORT, PETTY, WALDROP, R. BROWN, McLEOD, SIMPSON, FOXWORTH, LAKE, H. BROWN, MATTOS, CORK, J.H. BURRIS, T.M. BURRISS, HELMLY, GRIFFIN, PEARCE, KAY and FAIR proposed the following Amendment No. 22 (Doc. No. 2310R), which was tabled.

Amend the report of the Judiciary Committee, as and if amended, by adding a new section to be appropriately numbered which shall read:

/Section ____. Notwithstanding any other provision of law, any prisoner housed in a state or local correctional facility shall wear a statewide uniform. The uniform must be of such a design and color as to be easily identified as a prisoner's uniform, and stripes must be used in the design. The commissioner of the Department of Corrections may determine, in his discretion, that the provisions of this section do not apply to certain prisoners./

Renumber sections to conform.

Amend title to conform.

Rep. BARFIELD explained the amendment.

Rep. SHEHEEN spoke against the amendment and moved to table the amendment.

Rep. BARFIELD demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 34 to 30.

Reps. STURKIE, FELDER, DERRICK and BENNETT proposed the following Amendment No. 23, which was adopted.

Amend as and if amended,

Amend the report of the Judiciary Committee, as and if amended, in Section 24-13-910 of the 1976 Code as contained in Section 7 by adding after the first paragraph and inserting, "The Board of Parole and Community Corrections shall establish priority programs for litter control along state and county highways. This shall be included in the "public service work" program."

Rep. STURKIE explained the amendment.

LEAVE OF ABSENCE

The SPEAKER Pro Tempore granted Reps. GILBERT, GREGORY and J.W. JOHNSON a leave of absence for the remainder of the day.

Rep. STURKIE continued speaking.

Rep. SCHWARTZ asked unanimous consent to amend the amendment at the desk, which was agreed to.

Rep. SHEHEEN spoke against the amendment.

The amendment was then adopted.

Rep. LOCKEMY proposed the following Amendment No. 24, which was adopted.

Amend as and if amended, the report of the Judiciary Committee in Section 24-13-710 of l976 Code as contained in Section 37 by adding after the sentence on line 6, page A-32 a new paragraph as follows:

"The Department of Corrections shall notify victims pursuant to Section 16-3-1530 (c) as well as the sheriff's office of the place to be released before releasing inmates through the any supervised furlough program."

Amend title to conform.

Rep. LOCKEMY explained the amendment and asked unanimous consent to amend the amendment at the desk, which was agreed to.

The amendment was then adopted.

Reps. LIMEHOUSE, FERGUSON, MOSS, FOXWORTH, WOODRUFF, T. ROGERS, M.D. BURRISS, RUSSELL, FAIR, P. BRADLEY, R. BROWN and HEARN proposed the following Amendment No. 25 (Doc. No. 2332R), which was adopted.

Amend the bill, as and if amended, in Section 16-23-490 of the 1976 Code, as contained in SECTION 29, page 26 by inserting after /firearm/ on line 34 /or visibly displays a knife/; and by inserting after /projectile/ on line 30 of page 27 /, 'knife' means an instrument or tool consisting of a sharp cutting blade whether or not fastened to a handle which is capable of being used to inflict a cut, slash, or wound/.

Amend title to conform.

Rep. LIMEHOUSE explained the amendment.

Rep. SHEHEEN spoke against the amendment.

Rep. HEARN spoke in favor of the amendment.

The question then recurred to the adoption of the amendment.

Rep. LIMEHOUSE demanded the yeas and nays, which were taken resulting as follows:

Yeas 60; Nays 25

Those who voted in the affirmative are:

Alexander              Altman                 Anderson, J.
Anderson, S.           Aydlette               Bailey, G.
Bailey, K.             Bennett                Blackwell
Boan                   Bradley, J.            Bradley, P.
Brown, H.              Brown, R.              Burriss, J.H.
Burriss, M.D.          Burriss, T.M.          Chamblee
Cleveland              Cork                   Davenport
Derrick                Ferguson               Foxworth
Griffin                Harris, P.             Harvin
Hawkins                Hearn                  Helmly
Huff                   Johnson, J.C.          Kay
Kohn                   Koon                   Limehouse
Lockemy                Martin, L.             Mattos
McAbee                 McKay                  Mitchell
Moss                   Neilson                Ogburn
Pearce                 Petty                  Rice
Rogers, T.             Russell                Sharpe
Simpson                Snow                   Stoddard
Sturkie                Thrailkill             Townsend
Tucker                 Waldrop                Woodruff

Total--60

Those who voted in the negative are:

Schwartz               Arthur, J.             Blanding
Carnell                Evatt                  Faber
Foster                 Freeman                Gilbert
Harris, J.             Hayes                  Hendricks, B.
Keyserling             Klapman                Lewis
Martin, D.             McEachin               McTeer
Nettles                Phillips, L.           Rhoad
Rogers, J.             Sheheen                Shelton
Washington

Total--25

So the amendment was adopted.

Reps. STURKIE and KOON proposed the following Amendment No. 27, which was adopted.

Amend as and if amended, amend the report of the Judiciary Committee, as and if amended, on page A-23 to add after line 5 a new sub-part 9 in Section 16-3-20 of the l976 Code as contained in Section 26, and if amended by adding a new section to be appropriately numbered which shall read:

"The murder of a minor child, which for purposes of this section a minor shall be any person 12 years or less."

Rep. STURKIE explained the amendment.

The amendment was then adopted.

Rep. BARFIELD proposed the following Amendment No. 28 (Doc. No. 2341R), which was adopted.

Amend the report of the Judiciary Committee, as and if amended, by adding a new section to be appropriately numbered which shall read:

/Section ____. Notwithstanding any other provision of law, any prisoner housed in a state or local correctional facility shall wear a statewide uniform. The uniform must be of such a design and color as to be easily identified as a prisoner's uniform, and stripes must be used in the design. All uniforms must be furnished by the State. The commissioner of the Department of Corrections may determine, in his discretion, that the provisions of this section do not apply to certain prisoners./

Renumber sections to conform.

Amend title to conform.

Rep. BARFIELD explained the amendment.

Rep. BLANDING moved to table the amendment which was rejected by a division vote of 38 to 38.

The question then recurred to the adoption of the amendment.

Rep. SIMPSON demanded the yeas and nays, which were taken resulting as follows:

Yeas 52; Nays 40

Those who voted in the affirmative are:

Alexander              Altman                 Anderson, J.
Anderson, S.           Aydlette               Bailey, G.
Barfield               Blackwell              Bradley, J.
Bradley, P.            Brett                  Brown, H.
Brown, R.              Burriss, M.D.          Burriss, T.M.
Chamblee               Cleveland              Cork
Davenport              Elliott                Fair
Foxworth               Harris, P.             Harvin
Hearn                  Helmly                 Hendricks, B.
Huff                   Johnson, J.C.          Jones
Kay                    Kohn                   Koon
Lake                   Limehouse              Martin, L.
Mattos                 Moss                   Pearce
Petty                  Rice                   Rogers, T.
Sharpe                 Simpson                Stoddard
Taylor                 Thrailkill             Townsend
Tucker                 Waldrop                Wilkins
Woodruff

Total--52

Those who voted in the negative are:

Schwartz               Arthur, J.             Bailey, K.
Beasley                Bennett                Blanding
Boan                   Burriss, J.H.          Carnell
Dangerfield            Derrick                Evatt
Faber                  Ferguson               Foster
Freeman                Harris, J.             Hawkins
Hayes                  Keyserling             Klapman
Lewis                  Lockemy                Martin, D.
McAbee                 McEachin               McKay
McTeer                 Mitchell               Neilson
Nettles                Ogburn                 Phillips, L.
Rhoad                  Rogers, J.             Russell
Sheheen                Shelton                Sturkie
Washington

Total--40

So the amendment was adopted.

Reps. FREEMAN, HAYES and EVATT proposed the following Amendment No. 29 (Doc. No. 2340R), which was tabled.

Amend the report of the Committee on Judiciary, as and if amended, in Section 16-3-20 of the 1976 Code, as contained in SECTION 26, on page A-25, line 14, by inserting immediately after /taken./ the following:

/Notwithstanding a recommendation by the jury of the death penalty or a sentence of life imprisonment without possibility of parole for a person convicted of murder, the trial judge in his discretion may sentence the defendant to life imprisonment without parole eligibility until the service of twenty years./

Amend title to conform.

Rep. FREEMAN explained the amendment.

Rep. SHEHEEN spoke against the amendment.

Rep. BLACKWELL moved to table the amendment which was agreed to.

Reps. FREEMAN, EVATT, and HAYES proposed the following Amendment No. 30 (Doc. No. 2339R), which was tabled.

Amend the Report of the Judiciary Committee, as and if amended, by adding on page A-25 at the end of Section 16-3-20 of the 1976 Code as contained in SECTION 26 the following:

/"(G)     Notwithstanding any other provision of law, a person convicted of murder and sentenced to life imprisonment without possibility of parole under this article may, following the service of thirty years imprisonment, petition the Governor for a conditional commutation of the sentence to the time served. A prisoner released from confinement pursuant to this section shall thereafter be under the supervision of the Board of Parole and Community Corrections, which shall prescribe such terms and conditions of his conditional commutation as it considers necessary. Any violation of these terms and conditions constitutes grounds for the board to revoke the conditional commutation."/

Reletter subsections to conform.

Amend title to conform.

Rep. FREEMAN explained the amendment.

Rep. AYDLETTE moved to table the amendment which was agreed to by a division vote of 56 to 12.

Rep. AYDLETTE proposed the following Amendment No. 31, which was adopted.

Amend as and if amended, by inserting in the appropriate place the following:

"No offender committed to incarceration under the 16-1-60 section can be released back into the community in which he committed the offense under the work release program."

Rep. AYDLETTE explained the amendment.

The amendment was then adopted.

AMENDMENT NO. 5--TABLED

Debate was resumed on Amendment No. 5 by Reps. T. ROGERS and DAY.

Rep. T. ROGERS explained the amendment.

Rep. SHEHEEN spoke against the amendment and moved to table the amendment which was agreed to.

AMENDMENT NO. 6--TABLED

Debate was resumed on Amendment No. 6 by Reps. T. ROGERS and DAY.

Rep. T. ROGERS explained the amendment.

Rep. P. BRADLEY moved to table the amendment which was agreed to.

Rep. SHEHEEN explained the Bill.

The question then recurred to the passage of the Bill, as amended.

Rep. SHEHEEN demanded the yeas and nays, which were taken resulting as follows:

Yeas 95; Nays 1

Those who voted in the affirmative are:

Schwartz               Alexander              Altman
Anderson, J.           Anderson, S.           Arthur, J.
Aydlette               Bailey, G.             Bailey, K.
Barfield               Beasley                Bennett
Blackwell              Blanding               Boan
Bradley, J.            Bradley, P.            Brett
Brown, H.              Brown, R.              Burriss, J.H.
Burriss, M.D.          Burriss, T.M.          Carnell
Chamblee               Cleveland              Cork
Dangerfield            Davenport              Derrick
Elliott                Evatt                  Fair
Ferguson               Foster                 Foxworth
Freeman                Gregory                Griffin
Harris, J.             Harris, P.             Harvin
Hawkins                Hayes                  Hearn
Helmly                 Hendricks, B.          Hendricks, L.
Huff                   Johnson, J.C.          Jones
Kay                    Keyserling             Klapman
Koon                   Lake                   Lewis
Limehouse              Lockemy                Martin, D.
Martin, L.             Mattos                 McBride
McEachin               McKay                  McTeer
Mitchell               Moss                   Neilson
Nettles                Ogburn                 Pearce
Petty                  Phillips, L.           Rawl
Rhoad                  Rice                   Rogers, J.
Rogers, T.             Russell                Sharpe
Sheheen                Shelton                Simpson
Snow                   Stoddard               Sturkie
Taylor                 Thrailkill             Townsend
Tucker                 Waldrop                Washington
Wilkins                Woodruff

Total--95

Those who voted in the negative are:
McAbee

Total--1

So, the Bill, as amended, was read the second time and ordered to third reading.

S. 459--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. FREEMAN, with unanimous consent, it was ordered that S. 459 be read the third time tomorrow.

RECORD FOR VOTING

I had a Doctor's Appointment and was not present for the vote on the passage of S. 459. I wish to be recorded as voting in favor of S. 459.

Rep. FRED DAY

H. 2384--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., February 27, 1986

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 2384:

H. 2384 -- Rep. Archibald: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-51-111 SO AS TO PROVIDE FOR EDUCATIONAL REQUIREMENTS FOR APPLICANTS FOR INSURANCE AGENTS' LICENSES AND TO MAKE EXCEPTIONS.
and asks for a Committee of Conference and has appointed Senators Lindsay, Courson and Powell of the Committee of Conference on the part of the Senate.

Very respectfully,
President

No. 24

Whereupon, the Chair appointed Reps. AYDLETTE, FERGUSON and LIMEHOUSE to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

MOTION ADOPTED

Rep. STODDARD, with unanimous consent, moved to waive the screening of unopposed candidates for the Board of Trustees of State Colleges and Universities, which was agreed to.

Rep. P. BRADLEY moved that the House do now adjourn which was adopted.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3499 -- Reps. Alexander, Blackwell, P. Bradley, Brett, Fair, Marchant, Mattos, L. Phillips, Rice, Beasley, T.M. Burriss, Carnell, Cooper, Dangerfield, Edwards, Evatt, Foster, Gregory, P. Harris, Harvin, Hawkins, Hearn, Helmly, B. Hendricks, Lloyd I. Hendricks, Holt, Kirsh, Koon, Lake, Mangum, L. Martin, McLellan, McAbee, O. Phillips, Schwartz, Sheheen, Simpson, Snow, Stoddard and Toal: A CONCURRENT RESOLUTION TO REQUEST THE STATE HIGHWAY COMMISSION TO NAME THE INTERCHANGE AT THE JUNCTION OF I-85 AND HIGHWAY 25 (WHITE HORSE ROAD) IN GREENVILLE COUNTY AS THE HERBERT C. GRANGER INTERCHANGE.

H. 3451 -- Reps. Alexander, Blackwell, P. Bradley, Brett, Fair, Marchant, Mattos, L. Phillips, Rice, Rigdon, Shelton and Wilkins: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME A PORTION OF U. S. HIGHWAY 25 IN GREENVILLE COUNTY THE "BEATTIE E. HUFF HIGHWAY".

ADJOURNMENT

At 3:15 P.M. the House in accordance with the motion of Rep. P. BRADLEY adjourned to meet at 10:00 A.M. tomorrow.

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