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At 1:00 P.M., on motion of Senator DRUMMOND, the Senate receded from business until 3:00 P.M.

The Senate reassembled at 3:00 P.M. and was called to order by the PRESIDENT.

Senator MOORE made the point that a quorum was not present. It was ascertained that a quorum was not present.

Senator MOORE moved that a call of the Senate be made. The following Senators answered the call:

Cork              Giese            Holland

Land              Lander           Martin

Mescher           Moore            Passailaigue

Peeler            Richter          Saleeby

Stilwell          Wilson

Senator MOORE moved that the Senate stand adjourned.

A division vote was requested.

By a division vote of 3-6, the Senate refused to adjourn.

Senator MOORE moved that the Senate recede from business until a quorum was present.

Senator MOORE moved that a call of the Senate be made. The following Senators answered the call:

Alexander         Bryan            Cork

Courson           Courtney         Drummond

Elliott           Ford             Giese

Glover            Gregory          Hayes

Holland           Jackson          Land

Lander            Leatherman       Leventis

Martin            Matthews         McConnell



Printed Page 1131 . . . . . Wednesday, March 22,
1995

McGill            MescherMoore

Passailaigue      Patterson        Peeler

Rankin            Reese            Richter

Russell           Ryberg           Saleeby

Setzler           Short            Smith, G.

Smith, J.V.       Stilwell         Thomas

Waldrep           Williams         Wilson

A quorum being present, the Senate resumed.

Senator COURSON recorded his presence subsequent to the Call of the Senate.

On motion of Senator DRUMMOND, with unanimous consent, Senators DRUMMOND, SETZLER, J. VERNE SMITH, LEATHERMAN and LEVENTIS were granted leave to attend a subcommittee meeting of the Senate Finance Committee, to be counted in any quorum calls, and if any roll call votes were taken, were granted leave to vote from the balcony.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED,THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

S. 41 -- Senators Courson, Rose, Giese, Gregory, Wilson, Elliott and Richter: A BILL TO AMEND SECTION 17-25-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A LIFE SENTENCE FOR A PERSON WHO HAS THREE CONVICTIONS FOR CERTAIN CRIMES, SO AS TO PROVIDE FOR A MANDATORY SENTENCE OF LIFE IMPRISONMENT WITHOUT PAROLE UPON A THIRD CONVICTION OF A "MOST SERIOUS OFFENSE", TO DEFINE "MOST SERIOUS OFFENSE", AND TO PROVIDE FOR THE APPLICATION OF THIS SECTION.

The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 2 (JUD0041.008) proposed by Senator McCONNELL and previously printed in the Journal of Wednesday, March 1, 1995.

On motion of Senator McCONNELL, the amendment was carried over.

Senators McCONNELL, MOORE and COURTNEY proposed the following Amendment No. 3 (JUD0041.011), which was adopted:

Amend the committee report, as and if amended, page [41-1], beginning on line 26, by striking the report in its entirety and inserting therein the following:

/SECTION 1. Section 17-25-45 of the 1976 Code is amended to read:

"(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 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 crime, be sentenced to life imprisonment without parole.

(A) Notwithstanding any provision of law, except in cases in which the death penalty is imposed, upon a conviction for a most serious offense as defined by this section, a person must be sentenced to a term of imprisonment for life without the possibility of parole if that person has one or more prior convictions for:

(1) a most serious offense;

(2) a federal or out-of-state conviction for an offense that would be classified as a most serious offense under this section; or

(3) any combination of the offenses listed in items (1) and (2) above.
(B) Notwithstanding any provision of law, except in cases in which the death penalty is imposed, upon a conviction for a serious offense as defined by this section, a person must be sentenced to a term of imprisonment for life without the possibility of parole if that person has two or more prior convictions for:

(1) a serious offense;

(2) a most serious offense;

(3) a federal or out-of-state offense that would be classified as a serious offense or most serious offense under this section; or

(4) any combination of the offenses listed in items (1), (2), and (3) above.
(C) As used in this section:

(1) `Most serious offense' means:
16-3-10 Murder

16-3-40 Killing by stabbing or thrusting

16-3-50 Voluntary manslaughter

16-3-620 Assault and battery with intent to kill

16-3-652 Criminal sexual conduct

First degree

16-3-653 Criminal sexual conduct

Second degree

16-3-655 Criminal sexual conduct with minors

16-3-656 Assault with intent to commit criminal sexual conduct

16-3-910 Kidnapping

16-11-110(A) Arson

First degree

16-11-311 Burglary

First degree

16-11-330 Armed robbery

16-11-540 Damaging or destroying building, vehicle or other property by means of explosive incendiary, death results
25-7-30 Giving information respecting national or state defense to foreign contacts during war

25-7-40 Gathering information for an enemy.
(2) `Serious offense' means those felonies enumerated in Section 16-1-90(A) and Section 16-1-10(D) which are not referenced in subsection (C)(1), and all felonies enumerated in Section 16-1-90(B) through (F).
(3) `Conviction' means any conviction, guilty plea or plea of nolo contendere.

(D) No person sentenced pursuant to this section shall be considered for or granted early release pursuant to the provisions enacted to ameliorate prison overcrowding.

B.(E) For the purpose of this section only, a conviction is considered a prior conviction only if the date of the commission of the second or subsequent crime occurred subsequent to the conviction for the prior offense. 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 conviction 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 conviction for the second offense. Convictions totaling more than three must be determined in a like manner.

SECTION 2. This act takes effect upon approval by the Governor./.

Amend title to conform.

Senator McCONNELL explained the amendment.

Senator McCONNELL moved that the amendment be adopted, and further, that the adoption of the amendment would not prejudice the members' right to offer perfecting amendments based on the question of the degree of the amendment.

The amendment was adopted.

This amendment was offered by us to simply correct a scrivener's error which resulted in the Judiciary Committee amendment being worded differently from how it was explained to the committee. Our offering of this amendment is not an endorsement of the concept but rather is intended simply to clean up the record so it is accurate.

At 3:35 P.M., Senator WILLIAMS requested a leave of absence for the balance of the day.

Senator RICHTER proposed the following Amendment No. 10A (41R015.LER):

Amend the committee report, as and if amended, by striking all after the enacting words and inserting in lieu thereof the following:

/SECTION 1. Section 17-25-45 of the 1976 Code is amended to read:

"(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 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 crime, be sentenced to life imprisonment without parole.

(A) Notwithstanding any provision of law, except in cases in which the death penalty is imposed, upon a conviction for a most serious offense as defined by this section, a person must be sentenced to a term of imprisonment for life without the possibility of parole if that person has one or more convictions for:

(B)(3) signs or signals prohibited when death results from violation

56-5-2945 Causing death by operating vehicle while under influence of drugs or alcohol

58-17-4090 Obstruction of railroad, death results.

(2) `Serious offense' means:

(a) those felonies enumerated in Section 16-1-90(A) which are not referenced in subsection (C)(1);

(b) those felonies enumerated as follows:

16-3-220 Lynching, second degree

16-3-810 Engaging child for sexual performance

16-11-312(B) Burglary, Second degree

44-53-370(e) Trafficking in controlled substances

44-53-375 Trafficking in ice, crank, or crack cocaine 10

(C)(1)(c) grams or more, but less than 28 grams, Third or subsequent offense

44-53-375 Trafficking in ice, crank, or crack cocaine 28

(C)(2)(c) grams or more, but less than 100 grams, Third or subsequent offense

44-53-375 Trafficking in ice, crank, or crack cocaine 100

(C)(3) grams or more, but less than 200 grams

44-53-375 Trafficking in ice, crank, or crack cocaine 200

(C)(4) grams or more, but less than 400 grams

44-53-375 Trafficking in ice, crank, or crack cocaine 400

(C)(5) grams or more

44-53-445 Distribute, sell, or manufacture, or possess with

(B)(1)&(2) intent to distribute controlled substances within proximity of school; and

(c) the offenses enumerated below:

16-1-40 Accessory before the fact for any of the offenses listed in subitems (a) and (b)

(D) No person sentenced pursuant to this section shall be eligible for early release or discharge in any form, whether by parole, work release, release to ameliorate prison overcrowding, or any other early release program, nor shall they be eligible for earned work credits, education credits, good time credits, and any similar program for early release.

B. For the purpose of this section only, a conviction is considered a prior conviction only if the date of the commission of the second or subsequent crime occurred subsequent to the imposition of the sentence for that prior offense.

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

SECTION 2. This act takes effect upon approval by the Governor./.

Amend title to conform.

Senator RICHTER argued in favor of the adoption of the amendment.

Senator BRYAN spoke on the Bill.

Senator PATTERSON made the point that a quorum was not present. It was ascertained that a quorum was present.

Senator BRYAN continued speaking on the Bill.

Senator BRYAN asked unanimous consent to take up for immediate consideration Amendment No. 10AA.

Senator MARTIN made a Parliamentary Inquiry as to whether or not Amendment No. 10A should be considered first, rather than Amendment No. 10AA.

The PRESIDENT stated that it would take unanimous consent to take up Amendment No. 10AA.

There was no objection to taking up for immediate consideration Amendment No. 10AA.

Senator BRYAN proposed the following Amendment No. 10AA (JUD0041.019), which was adopted:

Amend the amendment, as and if amended, page 3, Section 17-25-45(C)(1), as contained in SECTION 1, by striking the following:

/56-5-2945 Causing death by operating vehicle while under influence of drugs or alcohol/.

Amend the amendment further, as and if amended, page 4, Section 17-25- 45(C)(2)(b), as contained in SECTION 1, by striking /within the proximity of school; and / and inserting the following:

/within the proximity of school/

Amend the amendment further, as and if amended, page 4, by adding a new item to Section 17-25-45(C)(2)(b) to read:

/56-5-2945 Causing death by operating vehicle while under influence of drugs or alcohol; and/

Amend title to conform.

Senator BRYAN explained the amendment.

Senator BRYAN moved that the amendment be adopted.

Amendment No. 10AA was adopted.

The question then was the adoption of Amendment No. 10A, as amended.

Senator JACKSON argued contra to the adoption of the amendment.

Senator RICHTER spoke on the amendment.

Senator PATTERSON argued contra to the adoption of the amendment.

At 5:47 P.M., with Senator PATTERSON retaining the floor, Senator RICHTER asked unanimous consent to make a motion that the Senate recede from business for five minutes.

There was no objection.

At 6:07 P.M., the Senate resumed.

Senator PATTERSON continued arguing contra to the adoption of the amendment.

With Senator PATTERSON retaining the floor, Senator MOORE asked unanimous consent to make a motion that the Senate stand adjourned.

Senator RICHTER objected.

Senator PATTERSON argued contra to the adoption of the amendment.

On motion of Senator PATTERSON, debate was interrupted by adjournment.

Having received a favorable report from the Jasper County Delegation, the following appointment was confirmed in open session:

Initial Appointment, Jasper County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:

Ms. Joyce L. Leavell, P.O. Box 363, Hardeeville, S.C. 29927 VICE Ernest White (resigned)

Having received a favorable report from the Marion County Delegation, the following appointment was confirmed in open session:

Reappointment, Marion County Magistrate, with term to commence July 1, 1990, and to expire April 30, 1994:

Mr. Levone Graves, 355 East Wine St., Mullins, S.C. 29574

At 6:22 P.M., on motion of Senator PATTERSON, the Senate adjourned to meet tomorrow at 11:00 A.M.

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