The "Child Rapist Death Penalty Act" seeks to amend Section 16-3-655 of the South Carolina Code of Laws to allow for 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 limited such penalties. The bill includes provisions that specify the death sentence cannot be executed until the aforementioned Supreme Court decision is overruled.

Additionally, the bill establishes a process for the State to appeal directly to the Supreme Court of South Carolina if a ruling from the U.S. Supreme Court is perceived to prevent the imposition of the death penalty. This includes a requirement for the State to notify the trial court of its intent to appeal, which would stay proceedings in the trial court until the appeal is resolved. The Supreme Court of South Carolina is mandated to expedite these appeals and may affirm the trial court's order without further argument if it finds that the U.S. Supreme Court ruling indeed precludes the death penalty.

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