S.C. Code Ann. § 17-25-45 – Life sentence for person convicted for certain crimes

(A) Notwithstanding any other provision of law, except in cases in which the death penalty is imposed, upon a conviction for a most serious offense as defined by this section, a person must be sentenced to a term of imprisonment for life without the possibility of parole if that person has either:
1. (1) one or more prior convictions for:
  1. (a) a most serious offense; or
  2. (b) a federal or out-of-state conviction for an offense that would be classified as a most serious offense under this section; or
2. (2) two or more prior convictions for:
  1. (a) a serious offense; or
  2. (b) a federal or out-of-state conviction for an offense that would be classified as a serious offense under this section.
(B) Notwithstanding any other provision of law, except in cases in which the death penalty is imposed, upon a conviction for a serious offense as defined by this section, a person must be sentenced to a term of imprisonment for life without the possibility of parole if that person has two or more prior convictions for:
1. (1) a serious offense;
2. (2) a most serious offense;
3. (3) a federal or out-of-state offense that would be classified as a serious offense or most serious offense under this section; or
4. (4) any combination of the offenses listed in items (1), (2), and (3) above.
(C) As used in this section:
1. (1) "Most serious offense" means:
  16-1-40 Accessory, for any offense enumerated in this item
  16-1-80 Attempt, for any offense enumerated in this item
  16-3-10 Murder
  16-3-29 Attempted Murder
  16-3-50 Voluntary manslaughter
  16-3-85(A)(1) Homicide by child abuse
  16-3-85(A)(2) Aiding and abetting homicide by child abuse
  16-3-210 Lynching, First degree
  16-3-210(B) Assault and battery by mob, First degree
  16-3-620 Assault and battery with intent to kill
  16-3-652 Criminal sexual conduct, First degree
  16-3-653 Criminal sexual conduct, Second degree
  16-3-655 Criminal sexual conduct with minors, except where
  evidence presented at the criminal proceeding and the
  court, after the conviction, makes a specific finding
  on the record that the conviction obtained for this
  offense resulted from consensual sexual conduct where
  the victim was younger than the actor, as contained
  in Section 16-3-655(3)
  16-3-656 Assault with intent to commit criminal sexual conduct,
  First and Second degree
  16-3-910 Kidnapping
  16-3-920 Conspiracy to commit kidnapping
  16-3-930 Trafficking in persons
  16-3-1075 Carjacking
  16-11-110(A) Arson, First degree
  16-11-311 Burglary, First degree
  16-11-330(A) Armed robbery
  16-11-330(B) Attempted armed robbery
  16-11-540 Damaging or destroying building, vehicle, or other
  property by means of explosive incendiary, death
  results
  24-13-450 Taking of a hostage by an inmate
  25-7-30 Giving information respecting national or state defense
  to foreign contacts during war
  25-7-40 Gathering information for an enemy
  43-35-85(F) Abuse or neglect of a vulnerable adult resulting in
  death
  55-1-30(3) Unlawful removing or damaging of airport facility or
  equipment when death results
  56-5-1030(B)(3) Interference with traffic-control devices or railroad
  signs or signals prohibited when death results from
  violation
  58-17-4090 Obstruction of railroad, death results.
2. (2) "Serious offense" means:
  1. (a) any offense which is punishable by a maximum term of imprisonment for thirty years or more which is not referenced in subsection (C)(1);
  2. (b) those felonies enumerated as follows:
    16-3-220 Lynching, Second degree
    16-3-210(C) Assault and battery by mob, Second degree
    16-3-600(B) Assault and battery of a high and aggravated nature
    16-3-810 Engaging child for sexual performance
    16-9-220 Acceptance of bribes by officers
    16-9-290 Accepting bribes for purpose of procuring public
    office
    16-11-110(B) Arson, Second degree
    16-11-312(B) Burglary, Second degree
    16-11-380(B) Theft of a person using an automated teller machine
    16-13-210(1) Embezzlement of public funds
    16-13-230(B)(3) Breach of trust with fraudulent intent
    16-13-240(1) Obtaining signature or property by false pretenses
    38-55-540(3) Insurance fraud
    44-53-370(e) Trafficking in controlled substances
    44-53-375(C) Trafficking in ice, crank, or crack cocaine
    44-53-445(B)(1)&(2) Distribute, sell, manufacture, or possess with
    intent to distribute controlled substances within
    proximity of school
    56-5-2945 Causing death by operating vehicle while under
    influence of drugs or alcohol; and
  3. (c) the offenses enumerated below:
    16-1-40 Accessory before the fact for any of the offenses
    listed in subitems (a) and (b)
    16-1-80 Attempt to commit any of the offenses listed in
    subitems (a) and (b)
    43-35-85(E) Abuse or neglect of a vulnerable adult resulting in
    great bodily injury.
3. (3) "Conviction" means any conviction, guilty plea, or plea of nolo contendere.
(D) Except as provided in this subsection or subsection (E), no person sentenced pursuant to this section shall be eligible for early release or discharge in any form, whether by parole, work release, release to ameliorate prison overcrowding, or any other early release program, nor shall they be eligible for earned work credits, education credits, good conduct credits, or any similar program for early release. A person is eligible for work release if the person is sentenced for voluntary manslaughter (Section 16-3-50), kidnapping (Section 16-3-910), carjacking (Section 16-3-1075), burglary in the second degree (Section 16-11-312(B)), armed robbery (Section 16-11-330(A)), or attempted armed robbery (Section 16-11-330(B)), the crime did not involve any criminal sexual conduct or an additional violent crime as defined in Section 16-1-60, and the person is within three years of release from imprisonment.
(E) For the purpose of this section only, a person sentenced pursuant to this section may be paroled if:
1. (1) the Department of Corrections requests the Department of Probation, Parole and Pardon Services to consider the person for parole; and
2. (2) the Department of Probation, Parole and Pardon Services determines that due to the person's health or age he is no longer a threat to society; and
  1. (a) the person has served at least thirty years of the sentence imposed pursuant to this section and has reached at least sixty-five years of age; or
  2. (b) the person has served at least twenty years of the sentence imposed pursuant to this section and has reached at least seventy years of age; or
  3. (c) the person is afflicted with a terminal illness where life expectancy is one year or less; or
  4. (d) the person can produce evidence comprising the most extraordinary circumstances.
(F) For the purpose of determining a prior or previous conviction under this section and Section 17-25-50, a prior or previous conviction shall mean the defendant has been convicted of a most serious or serious offense, as may be applicable, on a separate occasion, prior to the instant adjudication. There is no requirement that the sentence for the prior or previous conviction must have been served or completed before a sentence of life without parole can be imposed under this section.
(G) The decision to invoke sentencing under this section is in the discretion of the solicitor.
(H) Where the solicitor is required to seek or determines to seek sentencing of a defendant under this section, written notice must be given by the solicitor to the defendant and defendant's counsel not less than ten days before trial.