Two copies of the notice shall be served or sent by registered mail to the Director of the Department of Corrections or his duly appointed officer in charge of the applicable correctional facility. The notice, when the sentence has been affirmed, shall read substantially as follows:
"This is to notify you that the sentence of death imposed in the case of State vs. __________ from which an appeal has been taken has been affirmed and finally disposed of by the Supreme Court and the remittitur has been sent down to the clerk of the Court of General Sessions of __________ County. It is, therefore, required of you by Section 17-25-370 of the Code of Laws of South Carolina to execute the judgment and sentence of death imposed on said defendant or defendants (if more than one) on the fourth Friday after the service upon you or receipt of this notice".
When the appeal has been dismissed or abandoned the notice shall be substantially the same as when the sentence has been affirmed except that the first sentence shall read as follows:
"This is to notify you that the appeal from the sentence of death imposed in the case of State vs. __________ has been dismissed (or abandoned) and the notice has been sent down to the clerk of the Court of General Sessions of __________ County".
HISTORY: 1962 Code Section 17-579; 1952 Code Section 17-579; 1942 Code Section 1046; 1932 Code Section 1046; 1923 (33) 113; 1929 (36) 66; 1936 (39) 1306; 1960 (51) 1917; 1996 Act No. 448, Section 3.
Editor's Note
1996 Act No. 448, Section 1, eff June 18, 1996, provides as follows:
"This act [consisting of Sections 16-3-21, 17-25-380, 17-27-130, 17-27-150, and 17-27-160] is known and may be cited as the 'South Carolina Effective Death Penalty Act of 1996'."
Structure South Carolina Code of Laws
Title 17 - Criminal Procedures
Chapter 25 - Judgment And Execution
Section 17-25-10. No person shall be punished until legally convicted.
Section 17-25-20. Punishment for felony when not specially provided.
Section 17-25-30. Sentence when no punishment is provided.
Section 17-25-45. Life sentence for person convicted for certain crimes.
Section 17-25-50. Considering closely connected offenses as one offense.
Section 17-25-65. Reduction of sentence for substantial assistance to the State; motion practice.
Section 17-25-100. Suspension of sentence in misdemeanor cases.
Section 17-25-110. Suspension of sentence shall run for period of time prescribed by judge.
Section 17-25-120. Restitution of stolen goods.
Section 17-25-137. Liability of court imposing alternative sentence.
Section 17-25-140. Definitions.
Section 17-25-160. Funds for implementing program.
Section 17-25-310. Opening and enforcement of sealed sentences upon arrest.
Section 17-25-320. Enforcement of sentence and judgment against corporations.
Section 17-25-324. Restitution to secondary victims and third-party payees; reports.
Section 17-25-330. Execution on forfeited recognizance or for fine.
Section 17-25-340. When offender may be committed to jail; privilege of insolvent debtors.
Section 17-25-350. Schedule for payment of fine by indigent; consequences of failure to comply.
Section 17-25-380. Number of copies and form of notice under Section 17-25-370.
Section 17-25-390. Acknowledgment of receipt of notice.
Section 17-25-400. Service of notice on prisoner.
Section 17-25-500. Title of act.
Section 17-25-510. Definitions.
Section 17-25-520. Notice of payment of profit from crime; notification of victims.
Section 17-25-560. Obligation to report knowledge of profit from crime.
Section 17-25-570. Action by offender to defeat purpose of article null and void.