South Carolina S 21: Juvenile Life Without Parole

Bill Text

2025-2026 Bill 21 Text of Previous Version (Dec. 11, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 21

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 ADDING SECTION 
16-3-15 SO AS TO PROHIBIT THE PENALTY OF LIFE IMPRISONMENT FOR ANY INDIVIDUAL 
WHO IS UNDER THE AGE OF EIGHTEEN AT THE TIME OF COMMITTING AN OFFENSE AND TO PROVIDE 
MAXIMUM SENTENCES FOR THOSE INDIVIDUALS WHO COMMITTED AN OFFENSE ENUMERATED IN 
THIS SECTION AS A MINOR BEFORE THE EFFECTIVE DATE OF THE ACT; BY ADDING SECTION 
17-25-35 SO AS TO MAKE CONFORMING CHANGES; BY AMENDING SECTION 17-25-45, 
RELATING TO LIFE SENTENCES FOR CERTAIN CRIMES, SO AS TO PROVIDE FOR 
REPRESENTATION BY COUNSEL AND TO PROVIDE FACTORS FOR CONSIDERATION BY THE 
DEPARTMENT; BY ADDING SECTION 63-19-1690 SO AS TO PROHIBIT THE USE OF 
RESTRAINTS, ISOLATION, AND ROOM CONFINEMENT FOR JUVENILE OFFENDERS, WITH 
EXCEPTIONS; BY AMENDING SECTION 16-11-311, RELATING TO FIRST DEGREE BURGLARY, 
SO AS TO MAKE CONFORMING CHANGES; BY AMENDING SECTION 17-25-20, RELATING TO 
PUNISHMENT FOR A FELONY WHEN NOT SPECIALLY PROVIDED, SO AS TO PROHIBIT THE USE 
OF SOLITARY CONFINEMENT FOR A PERSON WHO IS YOUNGER THAN EIGHTEEN; AND BY 
AMENDING SECTION 24-13-100, RELATING TO THE DEFINITION OF NO PAROLE OFFENSE, SO 
AS TO MAKE CONFORMING CHANGES.

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

SECTION 1. Article 1, Chapter 3, Title 16 of the S.C. Code is 
amended by adding:

 Section 
16-3-15. Notwithstanding any other provision of law, a court may not sentence a 
person to death or to "life imprisonment", as defined in Section 16-3-20, who 
was younger than eighteen years of age at the time of committing the relevant 
offense.

SECTION 2. Article 1, Chapter 25, Title 17 of the S.C. Code is 
amended by adding:

 Section 
17-25-35. (A) Notwithstanding any 
other provision of law, a court may not sentence a person to life imprisonment 
without the possibility of parole for an offense if the person was younger than 
eighteen years of age at the time of committing the offense.

 (B) 
Notwithstanding any other provision of law, a court may issue a sentence less 
than the minimum term otherwise required by law for an offense if that person 
was younger than eighteen years of age at the time of committing the offense.

SECTION 3. Chapter 25, Title 17 of the S.C. Code is amended by 
adding:

 Section 
17-25-40. (A) A person who was 
convicted and sentenced for an offense committed before the person was eighteen 
years of age and in which the death of another person did not occur, and that 
was committed before, on, or after the effective date of this act is eligible 
for release on parole no later than after twenty years of incarceration, 
including any applicable sentencing enhancements, and including an instance in 
which multiple sentences are to be served consecutively or concurrently, unless 
by law the person is eligible for earlier parole.

 (B) A 
person who was convicted and sentenced for an offense committed before the 
person was eighteen years of age, in which the death of another person 
occurred, and that was committed before, on, or after the effective date of 
this act is eligible for release on parole no later than after twenty-five 
years of incarceration, including any applicable sentencing enhancements, 
unless by law the person is eligible for earlier parole.

 (C) 
Subsections (A) and (B) apply retroactively to a person whose offense was 
committed before the person was eighteen years of age, regardless of the 
original sentences that were imposed.

SECTION 4. Section 17-25-45 of the S.C. Code is amended to read:

 Section 
17-25-45. (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 either:

 (1) 
one or more prior convictions for:

 (a) 
a most serious offense; or

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

 (2) 
two or more prior convictions for:

 (a) 
a serious offense; or

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

 (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 t