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(b) kidnapping;

(c) burglary in any degree;

(d) robbery while armed with a deadly weapon;

(e) larceny with use of a deadly weapon;

(f) killing by poison;

(g) drug trafficking as defined in Section 44-53-370(e), 44-53-375(B), 44-53-440, or 44-53-445; or

(h) physical torture.

(2) The murder was committed by a person with a prior 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 normally would be hazardous to the lives of more than one person.

(4) The offender committed the murder for himself or another for the purpose of receiving money or a 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 murder of a federal, state, or local law enforcement officer, peace officer or former peace officer, corrections employee or former corrections employee, or fireman or former fireman during or because of the performance of his official duties.

(8) The murder of a family member of an official listed in subitems (5) and (7) above with the intent to impede or retaliate against the official. `Family member' means a spouse, parent, brother, sister, child, or person to whom the official stands in the place of a parent, or a person living in the official's household and related to him by blood or marriage.

(9) Two or more persons were murdered by the defendant by one act or pursuant to one scheme or course of conduct.

(10) The murder of a child eleven years of age or under.

(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.

(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.

(10) The defendant had mental retardation at the time of the crime. `Mental retardation' means significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period.

The statutory instructions as to aggravating and mitigating circumstances shall must be given in charge and in writing to the jury for its deliberation. The jury, if its verdict be is a recommendation of death, shall designate in writing, and signed by all members of the jury, the aggravating circumstance or circumstances which it found beyond a reasonable doubt. The jury, if it does not recommend death, after finding an one or more aggravating circumstance or circumstances beyond a reasonable doubt, shall, in writing, and signed by all members of the jury, shall designate the aggravating circumstance or circumstances it found beyond a reasonable doubt. In nonjury cases the judge shall make such the designation. Unless at least one of the statutory aggravating circumstances enumerated in this section is so found, the death penalty 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. The trial judge, prior to before imposing the death penalty, shall find as an affirmative fact that the death penalty was warranted under the evidence of the case and was not a result of prejudice, passion, or any other arbitrary factor. Where a sentence of death is not recommended by the jury, the court shall sentence the defendant to life imprisonment as provided in subsection (A) or imprisonment for not less than thirty years. In the event that all members of the jury, after a reasonable deliberation, cannot agree on a recommendation as to whether or not the death sentence

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

(E) In every a 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 those beliefs or attitudes would render him unable to return a verdict according to law."

SECTION 6. Section 16-3-625 of the 1976 Code is amended to read:

"Section 16-3-625. Any A person seventeen years of age or older who resists the lawful efforts of a law enforcement officer to arrest him or her or any other another person with the use or threat of use of any a deadly weapon against the officer, when such and the person is in possession or claims to be in possession of a deadly weapon, shall be deemed is guilty of a felony and, upon conviction, shall must be punished by imprisonment for imprisoned not more than ten nor less than two years. No sentence imposed hereunder for a first offense shall may be suspended to less than six months nor shall the persons so sentenced be eligible for parole until after service of six months. No person sentenced sentence imposed under this section for a second or subsequent offense shall have such sentence may be suspended to less than two years nor shall such person be eligible for parole until after service of two years.

As used in this section `deadly weapon' shall mean means a shotgun, rifle, pistol, or knife.

This section shall in no manner does not affect or replace the common law crime of assault and battery with intent to kill nor shall does it apply if the sentencing judge, in his discretion, elects to sentence an eligible defendant under the provisions of the `Youthful Offenders Act'."

SECTION 7. Section 16-3-1260 of the 1976 Code, as last amended by Act 181 of 1989, is further amended to read:

(2) The circuit court, when placing on probation any a person who owes a debt to the State as a consequence of a criminal act, may set as a condition of probation the payment of the debt or a portion of the debt to the State. The court also may also set the schedule or amounts of payments subject to modification based on change of circumstances.

(3) The Department of Parole and Community Corrections shall also have the right to make payment of the debt or a portion of the debt to the State a condition of parole.

(4) When a juvenile is adjudicated delinquent in a Family Court proceeding involving a crime upon which a claim under this article can be made, the Family Court, in its discretion, may order that the juvenile pay the debt to the Victim's Compensation Fund State Office of Victim Assistance, as created by this article, as an adult would have to pay had an adult committed the crime. Any assessments so ordered may be made a condition of probation as provided in Section 20-7-1330.

(5)(4) Payments authorized or required under this section must be paid to the Victim's Compensation Fund State Office of Victim Assistance. The Director of the Victim's Compensation Fund State Office of Victim Assistance shall coordinate the development of policies and procedures for the South Carolina Department of Corrections, the South Carolina Office of Court Administration, and the South Carolina Board Department of Parole Probation, Pardon Services, and Community Corrections Supervision to assure that victim restitution programs are administered in an effective manner to increase payments into the Compensation Fund State Office of Victim Assistance.

(6)(5) Restitution payments to the Victim's Compensation Fund State Office of Victim Assistance may be made by the Department of Corrections from wages accumulated by offenders in its custody who are subject to this article, except that offenders wages shall must not be used for this purpose if such monthly wages are at or below minimums required to purchase basic necessities."

SECTION 8. The first paragraph of Section 16-3-1530(C) of the 1976 Code, as last amended by Act 68 of 1991, is further amended to read:

"Victims and witnesses who wish to receive notification and information shall provide the solicitor, the Department of Corrections, and the

SECTION 9. Section 16-3-1530(D)(3) of the 1976 Code is amended to read:

"(3) A victim has the right to receive restitution for expenses or property loss incurred as the result of the crime. The judge shall order restitution at every sentencing for a crime against person or property or as a condition of probation or parole, unless the court finds a substantial and compelling reason not to order restitution. The court shall diligently, fairly, and in a timely manner enforce all orders of restitution."

SECTION 10. Section 16-3-1550(B) of the 1976 Code, as last amended by Act 579 of 1988, is further amended to read:

"(B) It is the responsibility of the solicitor's Victim or Witness Assistance Unit in each judicial circuit or a representative designated by the solicitor or law enforcement agency handling the case to advise all victims of their right to submit to the court, orally or in writing at the victim's option, a victim impact statement to be considered by the judge at the sentencing or disposition hearing in general sessions court and at a parole hearing. The solicitor's office or law enforcement agency shall provide a copy of the written form to any victim who wishes to make a written report. In those cases which the solicitor determines that there has been extensive or significant impact on the life of the victim, the Victim or Witness Assistance Unit shall assist the victim in completing the form. The victim shall submit this statement to the solicitor's office within appropriate time limits set by the solicitor to be filed in the court records by the solicitor's office so it may be available to the defense for a reasonable period of time prior to before sentencing. The court shall allow the defendant to have the opportunity to rebut the victim's written statement if the court decides to review any part of the statement before sentencing. If the defendant is incarcerated, the solicitor shall forward a copy of the impact statement and copies of all completed Victim/Witness Notification Requests to the Department of Corrections and to the Parole and Community Corrections Board Department of Probation, Pardon

SECTION 11. Section 16-11-311 of the 1976 Code is amended to read:

"Section 16-11-311. (A) A person is guilty of burglary in the first degree if the person enters a dwelling without consent and with intent to commit a crime therein in the dwelling, and either:

(1) when, in effecting entry or while in the dwelling or in immediate flight therefrom, he or another participant in the crime:

(a) is armed with a deadly weapon or explosive; or

(b) causes physical injury to any a person who is not a participant in the crime; or

(c) uses or threatens the use of a dangerous instrument; or

(d) displays what is or appears to be a knife, pistol, revolver, rifle, shotgun, machine gun, or other firearm; or

(2) the burglary is committed by a person with a prior record of two or more convictions for burglary or housebreaking or a combination of both; or

(3) the entering or remaining occurs in the nighttime.
(B) Burglary in the first degree is a felony punishable by life imprisonment; provided, that the. The court, in its discretion, may sentence the defendant to a term of not less than fifteen years, provided, that no person convicted of burglary in the first degree shall be eligible for parole except upon service of not less than one-third of the term of the sentence."

SECTION 12. Section 16-11-330 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:

"Section 16-11-330. (A) A person convicted for the crime of robbery while armed with a pistol, dirk, slingshot, metal knuckles, razor, or other deadly weapon is guilty of a felony and, upon conviction, must be imprisoned:

(1) for a mandatory minimum term of ten years and not more than thirty years, no part of which may be suspended. A person convicted under the provisions of this subsection is not eligible for parole until he has served at least seven years of his sentence.

(1)(2) A person under the age of twenty-one sentenced under the provisions of Chapter 19 of Title 24 (the Youthful Offenders Act) convicted of armed robbery shall receive and serve a for a mandatory minimum sentence of at least three years, no part of which may be suspended if the person is under the age of twenty-one and sentenced under the provisions of Chapter 19 of Title 24 (the Youthful Offenders

(B) A person convicted for attempted robbery while armed with a pistol, dirk, slingshot, metal knuckles, razor, or other deadly weapon is guilty of a felony and, upon conviction, must be imprisoned not more than twenty years."

SECTION 13. Section 16-11-340 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 16-11-340. The South Carolina Department of Revenue and Taxation, with funds already appropriated to the department, shall print and distribute to each business establishment in this State, to which has been issued a retail sales tax license, a cardboard placard not less than eight inches by eleven inches which shall bear bears the following inscription in letters not less than three-fourths inch high:

`BY ACT OF THE SOUTH CAROLINA GENERAL ASSEMBLY ANY A PERSON CONVICTED OF ARMED ROBBERY SHALL SERVE A SENTENCE OF NO LESS THAN SEVEN TEN YEARS AT HARD LABOR WITHOUT PAROLE.'

Such The placard shall must be prominently displayed in all retail establishments to which they are issued."

SECTION 14. Section 17-25-45 of the 1976 Code is amended to read:

"Section 17-25-45. (1) A.(A) (1)Notwithstanding any other another provision of law, any a person who has three convictions under the laws of this State, any other another state, or the United States, for a violent crime as defined in Section 16-1-60, except a crime for which a sentence of death has been imposed shall, upon the third conviction in this State for such a violent crime, must be sentenced to life imprisonment without parole. For purposes of this section `life imprisonment' means until death.

B.(2) For the purpose of this section only, a conviction 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 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 must be determined in a like manner.

(2)(B) The decision to invoke sentencing under subsection (1)(A) shall be is in the discretion of the solicitor."

"Section 24-1-200. The director shall inquire and examine into the sentences under which the convicts in the prison are confined and also into the condition, physical, or otherwise, of the convicts undergoing sentence and shall report to the Board of Probation, Parole and Pardon Services, and Community Supervision Board quarterly, on the first day of November, February, May, and August in each year, such cases as it may deem consider, after such examination, fit subjects for clemency."

SECTION 16. Section 24-3-20 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 24-3-20. (a)(A)Notwithstanding the provisions of Section 24-3-10, any a person convicted of an offense against the State of South Carolina and committed to the State Penitentiary at Columbia shall a state correctional facility must be in the custody of the South Carolina Department of Corrections of the State of South Carolina, and the director shall designate the place of confinement where the sentence shall must be served. The director may designate as a place of confinement any available, suitable, and appropriate institution or facility, including a county jail or prison camp, whether maintained by the State department of Corrections or otherwise. Provided, that if If the facility is not maintained by the department, the consent of the sheriff of the county wherein where the facility is located must first be obtained.

(b) When the director determines that the character and attitude of a prisoner reasonably indicates that he may be so trusted, it may extend the limits of the place of confinement of the prisoner by authorizing him to work at paid employment or participate in a training program in the community on a voluntary basis while continuing as a prisoner, provided that the director determines that:

(1) such paid employment will not result in the displacement of employed workers, nor be applied in skills, crafts, or trades in which there is surplus of available gainful labor in the locality, nor impair existing contracts for services; and

(2) the rates of pay and other conditions of employment will not be less than those paid and provided for work of similar nature in the locality in which the work is to be performed.

(c)(B) Notwithstanding the provisions of Section 24-3-10 or any other provisions of law, the department shall make available for use in litter control and removal any or all prison inmates not engaged in programs determined by the department to be more beneficial in terms of rehabilitation and cost effectiveness. Provided, however, that the The

(e)(D) In the event that a person is sentenced to not more than seven years and for not more than a second offense for the following offenses: larceny, grand larceny, forgery and counterfeiting, embezzlement, stolen property, damage to property, receiving stolen goods, shoplifting, housebreaking, fraud, vandalism, breach of trust with fraudulent intent, and storebreaking, the judge shall establish at the time of sentencing a maximum amount of property loss which may be used by the South Carolina department of Corrections in the administration of the restitution program."

SECTION 17. Section 24-3-35 of the 1976 Code is amended to read:

"Section 24-3-35. The governing body of any a county in this State may allow prisoners under the county's jurisdiction who are housed in a county prison facility and who are serving a sentence of ninety days or less to perform litter removal functions within the county. The governing body of each county by ordinance shall be is authorized to and shall establish guidelines for such litter removal by prisoners, which. The guidelines shall must include a provision for a reduction of the sentence

SECTION 18. Section 24-3-210 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 24-3-210. The director may extend the limits of the place of confinement of a prisoner, as to whom there is reasonable cause to believe he will honor his trust, by authorizing him, under prescribed conditions, to leave the confines of that place unaccompanied by a custodial agent for a prescribed period of time to:

(1) contact prospective employers;

(2) secure a suitable residence for use when released on parole or upon discharge;

(3) obtain medical services not otherwise available;

(4) participate in a training program in the community or any other compelling reason consistent with the public interest;

(5) visit or attend the funeral of a spouse, child (including stepchild, adopted child, or child as to whom the prisoner, though not a natural parent, has acted in the place of a parent), parent (including a person, though not a natural parent, who has acted in the place of a parent), brother, or sister.

The director also may similarly extend similarly the limits of the place of confinement of a terminally ill inmate for an indefinite length of time when there is reasonable cause to believe that such the inmate will honor his trust. A prisoner allowed to leave his confinement as provided under items (1), (2), and (5) must return to his confinement within seventy-two hours.

The wilful failure of a prisoner to remain within the extended limits of his confinement or return within the time prescribed to the places of confinement designated by the director shall be deemed is considered an escape from the custody of the director punishable as provided in Section 24-13-410."

SECTION 19. Section 24-3-410(B)(1) of the 1976 Code, as last amended by Act 19 of 1991, is further amended to read:

"(1) articles manufactured or produced by persons on parole or probation;"

SECTION 20. Section 24-13-230(a) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

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