South Carolina § 24-3-530 - Death penalty; methods of execution.

§ 24-3-530. Death penalty; methods of execution.

(A) A person convicted of a capital crime and having imposed upon him the sentence of death shall suffer the penalty by electrocution or, at the election of the convicted person, by firing squad or lethal injection, if it is available at the time of election, under the direction of the Director of the Department of Corrections. The election for death by electrocution, firing squad, or lethal injection must be made in writing fourteen days before each execution date or it is waived. If the convicted person receives a stay of execution or the execution date has passed for any reason, then the election expires and must be renewed in writing fourteen days before a new execution date. If the convicted person waives the right of election, then the penalty must be administered by electrocution.

(B) Upon receipt of the notice of execution, the Director of the Department of Corrections shall determine and certify by affidavit under penalty of perjury to the Supreme Court whether the methods provided in subsection (A) are available.

(C) A person convicted of a capital crime and sentenced to death by electrocution prior to the effective date of this section must be administered death by electrocution unless the person elects death by firing squad or lethal injection, if it is available, in writing fourteen days before the execution date.

(D) If execution by lethal injection under this section is determined and certified pursuant to subsection (B) to be unavailable by the Director of the Department of Corrections or is held to be unconstitutional by an appellate court of competent jurisdiction, then the manner of inflicting a death sentence must be by electrocution, unless the convicted person elects death by firing squad.

(E) The Department of Corrections must provide written notice to a convicted person of his right to election under this section and the available methods.

(F) The Department of Corrections shall establish protocols and procedures for carrying out executions pursuant to this section.

HISTORY: 1962 Code SECTION 55-373; 1952 Code SECTION 55-373; 1942 Code SECTION 1986; 1932 Code SECTION 1986; Cr. C. '22 SECTION 970; 1912 (27) 702; 1960 (51) 1917; 1993 Act No. 181, SECTION 420; 1995 Act No. 83, SECTION 25; 1995 Act No. 108, SECTION 1; 2021 Act No. 43 (S.200), SECTION 1, eff May 14, 2021.

Editor's Note

2021 Act No. 43, SECTION 3, provides as follows:

"SECTION 3. This act takes effect upon approval by the Governor and applies to persons sentenced to death as provided by law prior to and after the effective date of this act."

Effect of Amendment

2021 Act No. 43, SECTION 1, rewrote the section.