South Carolina H 4043: Child Rapist Death Penalty Act

Bill Text

2025-2026 Bill 4043 Text of Previous Version (Feb. 19, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 4043

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS 
BY ENACTING THE "CHILD RAPIST DEATH PENALTY ACT" BY AMENDING SECTION 16-3-655, 
RELATING TO CRIMINAL SEXUAL CONDUCT WITH A MINOR, SO AS TO PROVIDE THAT THE 
DEATH PENALTY SHALL BE ENFORCED UNDER THIS SECTION NOTWITHSTANDING PREVIOUS 
DECISIONS OF THE SUPREME COURT OF THE UNITED STATES.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 
1. This act may be 
cited as the "Child Rapist Death Penalty Act."

SECTION 2. Section 16-3-655 of the S.C. 
Code is amended by adding:

 (J) Notwithstanding any other law, this section shall remain in 
effect and shall be enforced by all courts of this State notwithstanding the 
Supreme Court's ruling in Kennedy v. Louisiana, 554 U.S. 407 (2008), except 
that a death sentence pursuant to this section shall specify that it may not be 
carried out until Kennedy v. Louisiana, 554 U.S. 407 (2008), is overruled.

 (K)(1) If the State wishes to seek the 
death penalty pursuant this section but a ruling or opinion from the Supreme 
Court of the United States purports to preclude the imposition of the death 
penalty, then the State may, before or during the trial, take an immediate 
interlocutory appeal directly to the Supreme Court of South Carolina for the 
purpose of seeking reconsideration of that ruling or opinion from the Supreme 
Court of the United States on petition for certiorari.

 (2) If the State wishes to appeal under 
this section, it shall notify the trial court of its desire to appeal and 
identify the ruling or opinion from the Supreme Court of the United States that 
purports to preclude the imposition of the death penalty. The trial court shall 
immediately enter an order prohibiting the State from seeking the death penalty 
against the defendant, and the State may appeal from that order.

 (3) The State must file its notice of 
appeal within fourteen days of the order described in item (2). The filing of a 
notice of appeal under this section shall automatically stay proceedings in the 
trial court until the appeal is fully resolved.

 (4) The Supreme Court of South Carolina 
shall expedite its consideration of any appeal taken under item (1) and shall 
resolve the appeal as quickly as possible.

 (5) The Supreme Court of South Carolina 
shall summarily affirm, without requesting merits briefing or holding oral 
argument, if it concludes or the State concedes that a ruling or opinion from 
the Supreme Court of the United States precludes the State from imposing the 
death penalty against the defendant. The State may indicate in its notice of 
appeal that a ruling or opinion of the Supreme Court of the United States 
precludes the State from imposing the death penalty against the defendant, and 
that the appeal is taken solely for the purpose of seeking reconsideration of 
that Supreme Court ruling or opinion on petition for certiorari.

 (6) The State may petition for writ of 
certiorari from any decision of the Supreme Court of South Carolina affirming 
the trial court's order precluding the State from seeking the death penalty 
against the defendant.

SECTION 
3. This act takes effect upon approval by the Governor.

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This web page was last updated on February 19, 2025 at 10:53 AM