South Carolina § 24-3-550 - Witnesses at execution.

§ 24-3-550. Witnesses at execution.

(A) To carry out an execution properly, the executioner and necessary staff must be present at the execution. In addition, the following persons may be present:

(1) three representatives, approved by the director, of the family of a victim of the crime for which a death penalty was imposed, provided that, if there is more than one victim, the director may reduce the number of family representatives to one representative for each victim's family; provided further, that, if there are more than two victims, the director may restrict the total number of victims' representatives present in accordance with the space limitations of the Capital Punishment Facility;

(2) the solicitor, or an assistant solicitor or former solicitor designated by the solicitor, for the county where the offense occurred;

(3) a group of not more than three representatives of the South Carolina media, one of whom must represent the dominant wire service, one of whom must represent the print media, and one of whom must represent the electronic news media;

(4) the chief law enforcement officer, or an officer designated by the chief, from the law enforcement agency that had original jurisdiction in the case; and

(5) the counsel for the inmate and a religious leader. However, the inmate may substitute one person from his immediate family for either his counsel or a religious leader, or two persons from his immediate family for both his counsel and a religious leader. For purposes of this item, "immediate family" means those persons eighteen years of age or older who are related to the inmate by blood, adoption, or marriage within the second degree of consanguinity.

(B) Other than those persons specified in subsection (A), no person is authorized to witness an execution.

(C) The department shall establish internal policies to govern the selection of media representatives.

(D) Witnesses authorized or approved pursuant to this section shall not possess telephonic equipment, cameras, or recording devices in the Capital Punishment Facility during an execution.

(E) For security purposes, the director may exclude any person who is authorized or approved pursuant to this section from the Capital Punishment Facility.

HISTORY: 1962 Code SECTION 55-375; 1952 Code SECTION 55-375; 1942 Code SECTION 1989; 1932 Code SECTION 1989; Cr. C. '22 SECTION 973; 1912 (27) 702; 1967 (55) 281; 1990 Act No. 477, SECTION 1; 1993 Act No. 181, SECTION 422; 1997 Act No. 124, SECTION 1; 2000 Act No. 247, SECTION 1; 2004 Act No. 263, SECTION 12; 2010 Act No. 237, SECTION 26, eff June 11, 2010.

Effect of Amendment

The 2010 amendment in subsection (A)(5), substituted "inmate" for "convict" in three instances.