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(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

"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 not more than ten nor less than two years. No sentence imposed hereunder for a first offense shall 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 under this section for a second or subsequent offense shall have such the sentence suspended to less than two years nor shall such the 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 any instrument which can be used to inflict deadly force.

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 12. Section 16-3-1180(C) of the 1976 Code is amended to read:

"(C) The aggregate of award to and on behalf of victims may not exceed ten thousand dollars unless the Crime Victim's Advisory Board, by two-thirds vote, and the director concur that extraordinary circumstances exist. In such case, the award may not exceed twenty-five thousand dollars."

SECTION 13. Section 16-3-1260 of the 1976 Code is amended to read:

"Section 16-3-1260. (1) Any A payment of benefits to, or on behalf of, a victim or intervenor, or eligible family member under this article shall create creates a debt due and owing to the State by any a person found in as determined by a court of competent jurisdiction of this State, to have who has committed such the criminal act.

(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

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

(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) 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 Department of Juvenile Justice, the South Carolina Office of Court Administration, the Department of Probation, Parole and Pardon Services, and the South Carolina Board of Probation, Parole and Community Corrections Pardon Services 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) 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 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 14. 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 A victim or witness who wish wishes to receive notification and information shall provide the solicitor, the Department of Corrections, and the Department of Probation, Parole and Pardon Services their his current address and telephone number. This information, as it is contained in Department of Corrections and Department of Probation, Parole and Pardon Services files, is privileged and must not be disclosed directly or indirectly, except between these two departments, or by order

SECTION 15. 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 16. 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 where 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, the Department of Probation, Parole and Pardon Services, and to the Probation, Parole and Community Corrections Pardon Services Board. Solicitors shall begin using these victim impact statements no later than January 1, 1985."

"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. For purposes of this section, `life' means until death. 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 18. 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 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.

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.

(A) Notwithstanding any other 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 other 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:

16-1-40 Accessory, for any offense enumerated in this item

16-1-80 Attempt, for any offense enumerated in this item

16-3-10 Murder

16-3-30 Killing by poison

16-3-40 Killing by stabbing or thrusting

16-3-50 Voluntary manslaughter

16-3-85(A)(1)Homicide by child abuse

16-3-85(A)(2)Aiding and abetting homicide by child abuse
16-3-210 Lynching, First degree

16-3-430 Killing in a duel

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

16-3-910 Kidnapping

16-3-920 Conspiracy to commit kidnapping
16-11-110(A)Arson, First degree

16-11-311 Burglary, First degree
16-11-330(A)Armed robbery

16-11-330(B)Attempted 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

55-1-30(3) Unlawful removing or damaging of airport facility or equipment when death results

56-5-1030 Interference with traffic-control devices or

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

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:
12-7-2750Tax evasion

16-3-220 Lynching, second degree

16-3-810 Engaging child for sexual performance
16-9-210 Giving or offering bribes to officers

16-9-220 Acceptance of bribes by officers

16-9-230 Acceptance of rebates or extra compensation

16-9-260 Corrupting jurors, arbitrators, umpires or referees

16-9-270 Acceptance of bribes by jurors, arbitrators, umpires or referees

16-9-290 Accepting bribes for purpose of procuring public office
16-11-312(B)Burglary, Second degree

16-13-210(1) Embezzlement of public funds
16-13-230Breach of trust with fraudulent intent

(B)(3)

38-55-540(3)Insurance fraud

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

44-53-375(C) Trafficking in ice, crank, or crack cocaine

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

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

56-5-2945(c)Causing death by operating vehicle while under influence of drugs or alcohol; and the offenses enumerated below:

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

16-1-80 Attempt to commit any of the offenses listed in subitems (a) and (b).

(3) `Conviction' means any conviction, guilty plea, or plea of nolo contendere.

(D) Except as provided in subsection (E), 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 conduct credits, or any similar program for early release.

(E) For the purpose of this section only, a person sentenced pursuant to this section may be paroled if:

(1) the Department of Corrections requests the Department of Probation, Parole and Pardon Services to consider the person for parole; and

(2) the Department of Probation, Parole and Pardon Services determines that due to the person's health or age he is no longer a threat to society; and

(a) the person has served at least thirty years of the sentence imposed pursuant to this section and has reached at least sixty-five years of age; or

(b) the person has served at least twenty years of the sentence imposed pursuant to this section and has reached at least seventy years of age; or

(c) the person is afflicted with a terminal illness where life expectancy is one year or less; or

(d) the person can produce evidence comprising the most extraordinary circumstances.

SECTION 19. Section 20-7-2205 of the 1976 Code, as last amended by Act No. 7 of 1995, is further amended to read:

"Section 20-7-2205. A Notwithstanding Section 20-7-2170, a child who is guilty of a violation of law or other misconduct which would not be a criminal offense if committed by an adult, including a child who has been found in contempt of court for violation of a court order related to the a violation of law or other misconduct which would not be a criminal offense if committed by an adult, or a child who violates the conditions of probation for an offense, a violation of law or other misconduct which would not be a criminal offense if committed by an adult must not may be committed to the custody of a correctional institution operated by the Department of Juvenile Justice or to secure evaluation centers operated by the department; however, a child committed under this section may not be confined with a child who has been determined by the department to be violent."

SECTION 20. Section 22-5-910 of the 1976 Code is amended to read:

"Section 22-5-910. Following a first offense conviction in a magistrate's court or a municipal court, the defendant after one year from the date of the conviction may apply, or cause someone acting on his behalf to apply, to the circuit court for an order expunging the records of the arrest and conviction. However, this section does not apply to an offense involving the operation of a motor vehicle, or to a violation of Title 50 or the regulations promulgated thereunder under it for which points are assessed, suspension provided for, or enhanced penalties for subsequent offenses authorized, or to an offense contained in Chapter 25 of Title 16. If the defendant has had no other conviction during the one-year period following the first offense conviction in a magistrate's court or a municipal court, the circuit court shall issue an order expunging the records. No person may have his records expunged under this section more than one time once.

After the expungement, the South Carolina Law Enforcement Division is required to keep a nonpublic record of the offense and the date of the expungement to ensure that no person takes advantage of the rights of this section more than once. This nonpublic record is not subject to release under Section 34-11-95, the Freedom of Information Act, or any other

As used in this section, `conviction' includes a guilty plea, a plea of nolo contendere, or the forfeiting of bail."

SECTION 21. Section 24-3-20 of the 1976 Code, as last amended by Act 181 of 1993 and Act 500 of 1994, 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. Nothing in this section prevents a court from ordering a sentence to run concurrently with a sentence being served in another state or an active federal sentence. 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)(B) When the director determines that the character and attitude of a prisoner reasonably indicates that he may be so trusted, it he 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 the 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.

The department shall notify victims registered pursuant to Section 16-3-1530(c) and the trial judge, solicitor, and sheriff of the county or the law enforcement agency of the jurisdiction where the offense occurred before releasing inmates on work release. The department shall have the authority to deny release based upon opinions received from these persons, if any, as to the suitability of the release.

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