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H. 3498 -- Reps. Breeland, Cobb-Hunter, Kelley, Scott, White, R. Smith, Howard, Govan, Wilder, Simrill, Wells, Richardson, Hines, Stoddard, Clyburn, Allison, McMahand, Neilson, L. Whipper, Cave, Shissias, Limbaugh, McKay, Keegan, Byrd, Stille, Anderson, Cain, Trotter, Sandifer, Davenport, Kinon, Mason, Phillips, Klauber, Limehouse, Jaskwhich, Fair, Huff, Herdklotz, Hutson, Elliott, Lloyd, Whatley, Walker, J. Brown, Rhoad, Cotty, Tripp, Wright, Moody-Lawrence, Williams and S. Whipper: A CONCURRENT RESOLUTION DECLARING THE WEEK OF MARCH 24-31, 1996, AS "SOUTH CAROLINA GLAUCOMA AWARENESS WEEK".

The Concurrent Resolution was adopted, ordered returned to the House.

H. 3643 -- Rep. Harrison: A CONCURRENT RESOLUTION TO RECOGNIZE THE OUTSTANDING WORK PERFORMED BY THE CHIROPRACTIC PROFESSION IN THE UNITED STATES AND IN SOUTH CAROLINA ON THE OCCASION OF ITS ONE HUNDREDTH ANNIVERSARY THIS YEAR AND TO DECLARE THURSDAY, MARCH 30, 1995, AS "SOUTH CAROLINA CHIROPRACTIC CENTENNIAL DAY" IN SOUTH CAROLINA.

The Concurrent Resolution was adopted, ordered returned to the House.

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

S. 42 -- Senators Courson, Rose, Wilson, Reese and Giese: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO QUALIFICATIONS OF MEMBERS OF THE STATE SENATE AND HOUSE OF REPRESENTATIVES, AND TO SECTION 1, ARTICLE VI RELATING TO THE ELIGIBILITY FOR OFFICE OF ANY PERSON POPULARLY ELECTED TO ANY OFFICE OF THIS STATE OR THE POLITICAL SUBDIVISIONS OF THIS STATE, SO AS TO PROVIDE THAT NO PERSON IS ELIGIBLE FOR THESE OFFICES WHO HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW, INCLUDING A PLEA OF GUILTY OR NOLO CONTENDERE TO THESE OFFENSES.

The Senate proceeded to a consideration of the Joint Resolution. The question being the adoption of Amendment No. 3, (JUD0042.004) proposed by Senators PASSAILAIGUE and RANKIN and previously printed in the Journal of Thursday, February 23, 1995.

On motion of Senator PASSAILAIGUE, with unanimous consent, the Joint Resolution was carried over, with Senator McCONNELL retaining the floor.

THE SENATE PROCEEDED TO THE MOTION PERIOD.

On motion of Senator MOORE, the Senate agreed to dispense with the Motion Period.

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

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.

Senator McCONNELL proposed the following Amendment No. 1 (JUD0041.007), which was carried over:

Amend the committee report, as and if amended, page [41-2], line 41, in Section 17-25-45, as contained in SECTION 1, by inserting after /16-1-90(A)/ the following:

/and Section 16-1-10(D)/

Amend title to conform.

Senator COURTNEY spoke on the amendment.

On motion of Senator PATTERSON, with unanimous consent, the amendment was carried over.

Senator McCONNELL proposed the following Amendment No. 2 (JUD0041.008):

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 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.

(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
16-3-30 Killing by poison

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:

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

(b) those felonies enumerated as follows:

(B)(1)

16-3-85 Aiding and abetting homicide by

(B)(2) Child abuse

16-3-210 Lynching

16-3-430 Killing in a duel
16-11-312(B) Burglary
Second degree
44-53-370 Trafficking in controlled substances
(e)
44-53-375 Trafficking in ice, crank, or crack cocaine
(C)(1)(c) 10 grams or more, but less than 28 grams
Third or subsequent offense
44-53-375 Trafficking in ice, crank, or crack cocaine
(C)(2)(c) 28 grams or more, but less than 100 grams
Third or subsequent offense
44-53-375 Trafficking in ice, crank, or crack cocaine
(C)(3) 100 grams or more, but less than 200 grams
44-53-375 Trafficking in ice, crank, or crack cocaine
(C)(4) 200 grams or more, but less than 400 grams
44-53-375 Trafficking in ice, crank, or crack cocaine
(C)(5) 400 grams or more
44-53-445 Distribute, sell, or manufacture, or possess
(B)(1) & with intent to distribute controlled substances
(2) within proximity of school.

(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. 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.
(E) For the purpose of determining a conviction under this section only, where more than one included offense is committed within a one-day period, such multiple offenses must be treated for purposes of this section as one offense.

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

Amend title to conform.

On motion of Senator COURTNEY, the Bill was carried over.

S. 365 -- Senators Setzler, Stilwell, Cork, Moore, Lander, Courson and Leventis: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE CHAIRMAN IS SELECTED; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; AND TO AMEND SECTION 59-103-90, RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION.

The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 1 (GJK\21342SD.95), proposed by Senator DRUMMOND and previously printed in the Journal of Thursday, February 16, 1995.

On motion of Senator GIESE, the Bill was carried over.

At 10:35 A.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, let us join our minds as we hear the words of the Psalmist in Psalm 123 (v.1):

"To You I lift up my eyes, O You

who are enthroned in the heavens!

As the eyes of servants look to the

hand of their master,

As the eyes of a maid to

the hand of her mistress,

So our eyes look to the Lord our God,

Until He has mercy upon us."
Let us pray.

O Lord, God Eternal, in a day when sometimes it seems to us, that our world is slipping out of control, we pray that this prayer period, each day, may create a quiet sanctuary in which we may share a bond of spiritual insight, and a sense of renewed dedication.

May our separate faiths, enshrined by Your Spirit, combine as a spiritual force, as we pause to worship together before, together, we begin our work.

In the Holy Name we pray.

Amen.

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

Senator GIESE 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            Hayes            Holland



Printed Page 718 . . . . . Thursday, March 2,
1995

Jackson            LeathermanLeventis

Martin            Matthews         McGill

Mescher           Moore            O'Dell

Passailaigue      Patterson        Peeler

Rankin            Reese            Richter

Rose              Russell          Ryberg

Saleeby           Setzler          Short

Smith, G.         Smith, J.V.      Stilwell

Thomas            Waldrep          Washington

Williams          Wilson

A quorum being present, the Senate resumed.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

February 16, 1995
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Reappointment, Darlington County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

The Honorable Glynn Benfield Atkinson, 4522 Blitsgel Drive, Florence, S.C. 29501

Received as information.

February 24, 1995
Mr. President and Members of the Senate:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Reappointment, South Carolina Arts Commission, with term to commence June 30, 1993, and to expire June 30, 1996:

At-Large:

Mr. Carl R. Blair, #2 Oakleaf Drive, Greenville, S.C. 29609

Referred to the General Committee.

Initial Appointment, South Carolina Foster Care Review Board, with term to commence June 30, 1994, and to expire June 30, 1998:

4th Congressional District:

Ms. Mary Lynn Melton, 470 Carolina Drive, Spartanburg, S.C. 29306-4538 VICE Carolyn M. Lee (resigned)

Referred to the General Committee.

February 27, 1995
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

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