Printed Page 2970, Apr. 24
| Printed Page 2990, Apr. 24
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Printed Page 2970, Apr. 24
| Printed Page 2990, Apr. 24
| We were accepting an award from the victims advocacy for our work on domestic violence.
We would have voted in favor of H. 4443.
Rep. BECKY MEACHAM
Rep. MERITA A. ALLISON
Rep. SANDRA S. WOFFORD
Rep. GOVAN moved that the House do now adjourn.
Rep. ROBINSON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Breeland Cave Davenport Govan Hines, J. Howard Inabinett Lanford Lee Littlejohn Martin McAbee McMahand McTeer Scott White Wilder
Those who voted in the negative are:
Bailey Baxley Brown, G. Brown, H. Brown, J. Cain Carnell Cato Cooper Cotty Dantzler Delleney Easterday Fleming Fulmer Gamble Harrell Harris, J. Harrison Harvin Haskins Herdklotz Jaskwhich Jennings Keegan Kelley Keyserling Kinon Kirsh Knotts Koon Law Limbaugh Limehouse Loftis Marchbanks Mason McCraw McKay Neilson Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe
Shissias Simrill Smith, R. Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Wilkes Wilkins Witherspoon Worley Wright Young Young-Brickell
So, the House refused to adjourn.
The SPEAKER granted Rep. WRIGHT a leave of absence for the remainder of the day.
The following Bill was taken up.
H. 4469 -- Reps. Wilkins, Sharpe, Haskins, Cato, D. Smith, Townsend, J. Brown and Harrison: A BILL TO ENACT THE "SOUTH CAROLINA EFFECTIVE DEATH PENALTY ACT OF 1996" INCLUDING PROVISIONS TO ADD SECTION 16-3-21, CODE OF LAWS OF SOUTH CAROLINA, 1976, TO PROHIBIT, WITHOUT PRIOR COURT APPROVAL, CONTACT WITH JURORS WHO SENTENCED AN INDIVIDUAL TO DEATH BY ATTORNEYS OR AGENTS OF THAT INDIVIDUAL; BY ADDING SECTION 17-25-375 SO AS TO FURTHER PROVIDE FOR PROCEDURES FOR THE SETTING OF EXECUTION DATES; BY AMENDING SECTION 17-25-380, RELATING TO NOTICES OF THE INTENT TO EXECUTE A DEATH SENTENCE, SO AS TO FURTHER PROVIDE FOR THESE NOTICE REQUIREMENTS; BY ADDING SECTION 17-27-130 SO AS TO CLARIFY THE CIRCUMSTANCES WHEN THE ATTORNEY-CLIENT PRIVILEGE IS WAIVED IN STATE POST-CONVICTION PROCEEDINGS, AND TO PROVIDE FOR CERTAIN ACCESS OF NEW COUNSEL TO THE FILES OF PRIOR COUNSEL IN CASES OF DEFENDANTS SENTENCED TO DEATH; BY ADDING SECTION 17-27-140 SO AS TO REQUIRE THE SENTENCING TRIAL JUDGE IN CAPITAL CASES TO PRESIDE OVER COLLATERAL REVIEW PROCEEDINGS UNLESS ACTUAL BIAS OR PREJUDICE IS FOUND TO EXIST; BY ADDING SECTION 17-27-150 SO AS TO PROVIDE
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\GJK\22609SD.96), which was adopted.
Amend the bill, as and if amended, by striking Section 16-3-21 of the 1976 Code, as contained in SECTION 2, and inserting:
/Section 16-3-21. (A) In all cases in which an individual is sentenced to death, counsel or agents for the sentenced individual or for the State are prohibited from contacting jurors in any manner not provided in this section.
(B) Contact with jurors by counsel or agents of the sentenced individual or the State must be limited to the following circumstances:
(1) a letter seeking permission from the jurors to speak with them concerning their service may be mailed the jurors on only one occasion. This letter must be a form letter prepared by and available from court administration. This letter must initially inform the juror that he is under no legal obligation to respond to the letter. Further, the letter must set forth who is seeking permission to talk to the juror and which party they represent, the rights of the jurors that are being contacted, and the name and telephone number of the post-conviction relief judge who has been assigned the matter. If a post-conviction relief judge has not been assigned, the form shall provide the name and telephone number of the chief administrative judge of the circuit in which the sentenced individual was indicted for the crime resulting in the sentence of death. This letter must be sent certified mail, return receipt requested, and a copy of the letter and the return receipt must be filed with the clerk of court to be placed in the case file;
(2) upon a showing of good cause, the judge may allow for juror interviews in any appropriate manner which does not amount to harassment and gives the highest degree of reliability to the responses, including limiting the interrogation of prior jurors to inquiry by the trial judge in open court./
/Section 17-27-130. Where a defendant alleges ineffective assistance of prior trial counsel or appellate counsel as a ground for post-conviction relief or collateral relief under any procedure, the applicant shall be deemed to have waived the attorney-client privilege with respect to both oral and written communications between counsel and the defendant, and between retained or appointed experts and the defendant, to the extent necessary for prior counsel to respond to the allegation. This waiver of the attorney-client privilege shall be deemed automatic upon the filing of the allegation alleging ineffective assistance of prior counsel and the court need not enter an order waiving the privilege. Thereafter, counsel alleged to have been ineffective is free to discuss and disclose any aspect of the representation with representatives of the State for purposes of defending against the allegations of ineffectiveness, to the extent necessary for prior counsel to respond to the allegation.
In the case of a defendant who has been convicted of a capital offense and sentenced to death, the defendant's prior trial counsel or appellate counsel shall make available to the capital defendant's collateral counsel the complete files of the defendant's trial or appellate counsel. The capital defendant's counsel may inspect and photocopy the files, but the defendant's prior counsel shall maintain custody of their respective files, except as to the material which is admitted into evidence in any trial proceeding./
Amend the bill further, as and if amended, by striking SECTION 6 in its entirety.
Amend further, as and if amended, by striking subsection (A) of Section 17-27-160 of the 1976 Code, as contained in SECTION 8, which begins on line 6, page 5, and inserting:
/(A) If a defendant has been sentenced to death in South Carolina, he must file his application for post-conviction relief in the county in which he was indicted for the crime resulting in the sentence of death. Upon receipt of the application for post-conviction relief, the clerk of court shall forward the application to the judge who has been assigned to hear the post-conviction relief application. This judge shall maintain control over the expedited consideration of the application pursuant to this section. The judge assigned as the post-conviction relief judge must not be the original sentencing judge. A copy of the application shall be immediately provided to the solicitor of the circuit in which the applicant was convicted and a copy provided to the Attorney General. The filing of the application does not automatically stay any sentence of death./
/(C) Not later than fifteen days after the filing of the state's return, the judge shall convene a status conference to schedule a hearing on the merits of the application for post-conviction relief. The hearing must be scheduled within one hundred eighty days from the date of the status conference, unless good cause is shown to justify a continuance./
Renumber sections to conform.
Amend totals and title to conform.
Rep. MARTIN explained the amendment.
The amendment was then adopted.
Pursuant to Rule 7.7 the yeas and nays were taken on the passage of the Bill, as amended, resulting as follows:
Those who voted in the affirmative are:
Bailey Baxley Brown, H. Brown, J. Cain Carnell Cato Cooper Cotty Dantzler Davenport Delleney Fleming Fulmer Gamble Hallman Harrell Harris, J. Harrison Harvin Haskins Herdklotz Howard Inabinett Jaskwhich Keegan Kelley Keyserling Kirsh Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Loftis Marchbanks Martin Mason McAbee McCraw McKay McTeer Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Rogers Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, R. Spearman Stille Stuart Townsend Tripp Trotter
Tucker Vaughn Waldrop Walker Wells Whatley Wilder Wilkes Wilkins Witherspoon Worley Wright Young Young-Brickell
Those who voted in the negative are:
Breeland Brown, T. Canty Cave Cobb-Hunter Hines, J. Lloyd Neal Scott Whipper, L. Whipper, S. White
So, the Bill, as amended, was read the second time and ordered to third reading.
We were accepting an award from the victims advocacy for our work on domestic violence.
We would have voted in favor of H. 4469
Rep. BECKY MEACHAM
Rep. MERITA A. ALLISON
Rep. SANDRA S. WOFFORD
Rep. SCOTT moved that the House do now adjourn.
Rep. HASKINS raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the Chair.
Rep. YOUNG-BRICKELL moved to adjourn debate upon the following Bill until Thursday, April 25, which was adopted.
H. 3803 -- Reps. A. Young, Keegan, Mason, R. Smith, Bailey, Wofford, Klauber, Law, Hutson, Whatley, Vaughn, Chamblee, Byrd, Gamble, Witherspoon, Lloyd, Limbaugh, Kinon, Littlejohn, Haskins and
Rep. SIMRILL moved to adjourn debate upon the following Bill until Thursday, April 25, which was adopted.
H. 4447 -- Reps. Meacham, Simrill, Young-Brickell, Vaughn, Allison, Davenport, Rice, Easterday, Haskins and Lee: A BILL TO AMEND SECTION 59-63-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENCY AND OTHER ELIGIBILITY REQUIREMENTS OF CHILDREN TO ATTEND PUBLIC SCHOOLS, SO AS TO DELETE A PROVISION ALLOWING A CHILD TO ATTEND A PUBLIC SCHOOL IN A PARTICULAR DISTRICT IF THE CHILD OWNS CERTAIN REAL ESTATE IN THE DISTRICT; AND TO AMEND SECTION 59-63-31, RELATING TO ADDITIONAL QUALIFICATIONS FOR ATTENDANCE AT PUBLIC SCHOOLS, SO AS TO CONFORM A REFERENCE IN THE SECTION TO THE REVISED PROVISIONS OF SECTION 59-63-30.
Rep. CATO moved to adjourn debate upon the following Bill until Thursday, April 25, which was adopted.
The following Bill was taken up.
H. 4502 -- Reps. Simrill, Herdklotz, Cain, Sandifer, Haskins, Meacham, Hallman, Trotter, Cato and R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-85 SO AS TO PROVIDE THAT MARRIAGES BETWEEN PERSONS OF THE SAME SEX VALID IN ANOTHER STATE ARE VOID IN SOUTH CAROLINA.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PFM\9213AC.96), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 20-1-15. A marriage between persons of the same sex is void ab initio and against the public policy of this State.
Section 20-1-18. A marriage recognized in any other state or country may not be recognized in this State if it would be prohibited and declared void in this State."
SECTION 2. Section 20-1-10 of the 1976 Code is amended to read:
"Section 20-1-10. (A) Marriage is a contract between a woman and a man. All persons, except mentally incompetent persons, and persons whose marriage is prohibited by this section, may lawfully contract matrimony.
(C) No woman shall marry her father, grandfather, son, grandson, stepfather, brother, grandmother's husband, daughter's husband, granddaughter's husband, husband's father, husband's grandfather, husband's son, husband's grandson, brother's son, sister's son, father's brother, or mother's brother, or another woman."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. THOMAS explained the amendment.
The amendment was then adopted.
Rep. McTEER proposed the following Amendment No. 2 (Doc Name P:\amend\BBM\10772AC.96), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION . The 1976 Code is amended by adding:
"Section 20-7-19. No farmer may marry his pig."/
Renumber sections to conform.
Amend title to conform.
Rep. McTEER explained the amendment.
Rep. McTEER continued speaking.
Rep. McTEER continued speaking.
Rep. HASKINS spoke against the amendment and moved to table the amendment, which was agreed to.
Pursuant to Rule 7.7 the yeas and nays were taken on the passage of the Bill, as amended, resulting as follows:
Bailey Baxley Boan Breeland Brown, G. Brown, H. Brown, T. Cain Carnell Cato Clyburn Cooper Cotty Dantzler Davenport Delleney Easterday Fleming Fulmer Gamble Hallman Harrell Harris, J. Harrison Haskins Hines, J. Inabinett Jennings Keegan Kelley Kinon Kirsh Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Lloyd Loftis Marchbanks Martin Mason McAbee McCraw McKay McMahand Neilson Phillips Quinn Rice Richardson Robinson Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, R. Spearman Stille Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, S. Wilder Wilkes Wilkins Witherspoon Worley Young Young-Brickell
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
Printed Page 2970, Apr. 24
| Printed Page 2990, Apr. 24
|