Bill > H4043

This bill amends South Carolina law to enable prosecution of the death penalty for child rape, despite previous U.S. Supreme Court rulings that may have prohibited such sentencing. Specifically, the bill creates new provisions that directly challenge the Supreme Court's 2008 decision in Kennedy v. Louisiana, which previously restricted the application of capital punishment for non-homicide crimes. The bill establishes a legal mechanism for South Carolina to seek the death penalty in child rape cases by allowing the state to take immediate interlocutory appeals to the state's Supreme Court if federal court rulings appear to block such sentencing. Under the proposed law, if the U.S. Supreme Court's previous ruling is seen as an obstacle, the state can file an appeal within fourteen days, which automatically stays trial court proceedings. The South Carolina Supreme Court is required to expedite such appeals and can summarily affirm if it determines federal rulings preclude the death penalty. The bill also includes a provision that any death sentence issued under this law would be stayed until the Kennedy v. Louisiana ruling is potentially overturned. The legislation would take effect upon the Governor's approval, representing a significant challenge to existing federal judicial precedent regarding capital punishment for sexual crimes against children.

Justice

https://www.scstatehouse.gov/billsearch.php?billnumbers=4043&session=126&summary=B