The "Child Rapist Death Penalty Act" seeks to amend Section 16-3-655 of the South Carolina Code of Laws to allow the enforcement of the death penalty for individuals convicted of criminal sexual conduct with a minor, despite the Supreme Court of the United States' ruling in Kennedy v. Louisiana, which previously prohibited such penalties. The bill includes provisions that specify a death sentence under this section cannot be executed until the aforementioned Supreme Court ruling is overruled.

Additionally, the bill outlines a process for the State to appeal any ruling that may prevent the imposition of the death penalty. This includes the ability to file an interlocutory appeal directly to the Supreme Court of South Carolina, which must expedite its consideration of such appeals. The bill mandates that if the Supreme Court of South Carolina finds that a U.S. Supreme Court ruling precludes the death penalty, it must affirm this without further argument, allowing the State to seek a writ of certiorari from that decision. The act will take effect upon the Governor's approval.

Statutes affected:
02/19/2025: 16-3-655
Latest Version: 16-3-655