Death Penalty, aggravating circumstances

2025-2026 Bill 4722: Death Penalty, aggravating circumstances - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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H. 4722
STATUS INFORMATION
General Bill
Sponsors: Reps. White and Edgerton
Companion/Similar bill(s): 4719
Document Path: LC-0162AHB26.docx
Introduced in the House on January 13, 2026
Currently residing in the House Committee on
Judiciary
Summary: Death Penalty, aggravating circumstances
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

12/16/2025

House

Prefiled

12/16/2025

House

Referred to Committee on
Judiciary

1/13/2026

House

Introduced and read first time (
House Journal-page 67
)

1/13/2026

House

Referred to Committee on
Judiciary
(
House Journal-page 67
)

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
12/17/2025

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING
SECTION
16-3-20
, RELATING TO PUNISHMENT FOR MURDER AND SEPARATE SENTENCING
PROCEEDINGS WHEN THE DEATH PENALTY IS SOUGHT WHEN AGGRAVATING CIRCUMSTANCES ARE
PRESENT, SO AS TO ADD ADDITIONAL AGGRAVATING CIRCUMSTANCES FOR WHICH THE DEATH
PENALTY MAY BE IMPOSED.

B
e it enacted by the
General Assembly of the State of South Carolina:

S
ECTION 1.
S
ection
16-3-20
(C)(a) of the S.C. Code is amended to
read:

(
a) Statutory aggravating circumstances:

(
1)
The murder was committed while in the commission of the following crimes or
acts:

(
a)
criminal sexual conduct in any degree;

(
b)
kidnapping;

(
c)
trafficking in persons;

(
d)
burglary in any degree;

(
e)
robbery while armed with a deadly weapon;

(
f)
larceny with use of a deadly weapon;

(
g)
killing by poison;

(
h)
drug trafficking as defined in Section
44-53-370
(e),
44-53-375
(B),
44-53-440
,
or
44-53-445
;

(
i)
physical torture;

(
j)
dismemberment of a person; or

(
k)
arson in the first degree as defined in Section
16-11-110
(A).

(
2)
The murder was committed by a person with a prior conviction for murder.

(
3)
The offender by his act of murder knowingly created a great risk of death to
more than one person in a public place by means of a weapon or device which
normally would be hazardous to the lives of more than one person.

(
4)
The offender committed the murder for himself or another for the purpose of
receiving money or a thing of monetary value.

(
5)
The murder of a judicial officer, former judicial officer, solicitor, former
solicitor, or other officer of the court during or because of the exercise of
his official duty.

(
6)
The offender caused or directed another to commit murder or committed murder as
an agent or employee of another person.

(
7)
The murder of a federal, state, or local law enforcement officer or former
federal, state, or local law enforcement officer, peace officer or former peace
officer, corrections officer or former corrections officer, including a county
or municipal corrections officer or a former county or municipal corrections
officer, a county or municipal detention facility employee or former county or
municipal detention facility employee, or fireman or former fireman during or
because of the performance of his official duties.

(
8)
The murder of a family member of an official listed in subitems (5) and (7)
above with the intent to impede or retaliate against the official. "Family
member" means a spouse, parent, brother, sister, child, or person to whom the
official stands in the place of a parent or a person living in the official's
household and related to him by blood or marriage.

(
9)
Two or more persons were murdered by the defendant by one act or pursuant to
one scheme or course of conduct.

(
10)
The murder of a child eleven years of age or under.

(
11)
The murder of a witness or potential witness committed at any time during the
criminal process for the purpose of impeding or deterring prosecution of any
crime.

(
12)
The murder was committed by a person deemed a sexually violent predator
pursuant to the provisions of Chapter 48, Title 44, or a person deemed a
sexually violent predator who is released pursuant to Section
44-48-120
.

(
13) The offender planned the murder of
a person and it was found beyond a reasonable doubt that the murder was in fact
premeditated.

(
14) The murder of a person seventy
years of age or older or a person considered vulnerable who has a medically
recognized physical or mental condition or disability.

(
15) The murder of a pregnant woman
when the offender knew, or should have known, beyond a reasonable doubt that
the woman was pregnant at the time of the murder.

S
ECTION 2. The repeal or amendment by this act
of any law, whether temporary or permanent or civil or criminal, does not affect
pending actions, rights, duties, or liabilities founded thereon, or alter,
discharge, release or extinguish any penalty, forfeiture, or liability incurred
under the repealed or amended law, unless the repealed or amended provision
shall so expressly provide. After the effective date of this act, all
laws repealed or amended by this act must be taken and treated as remaining in
full force and effect for the purpose of sustaining any pending or vested
right, civil action, special proceeding, criminal prosecution, or appeal
existing as of the effective date of this act, and for the enforcement of
rights, duties, penalties, forfeitures, and liabilities as they stood under the
repealed or amended laws.

S
ECTION 3. If any section, subsection,
paragraph, subparagraph, sentence, clause, phrase, or word of this act is for
any reason held to be unconstitutional or invalid, such holding shall not
affect the constitutionality or validity of the remaining portions of this act,
the General Assembly hereby declaring that it would have passed this act, and
each and every section, subsection, paragraph, subparagraph, sentence, clause,
phrase, and word thereof, irrespective of the fact that any one or more other
sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases,
or words hereof may be declared to be unconstitutional, invalid, or otherwise
ineffective.

S
ECTION 4. This act takes effect upon approval
by the Governor.

----XX----

This web page was last updated on January 13, 2026 at 2:39 PM