South Carolina Code of Laws
Chapter 3 - State Prison System
Section 24-3-530. Death penalty; methods of execution.

(A) A person convicted of a capital crime and having imposed upon him the sentence of death shall suffer the penalty by electrocution or, at the election of the convicted person, by firing squad or lethal injection, if it is available at the time of election, under the direction of the Director of the Department of Corrections. The election for death by electrocution, firing squad, or lethal injection must be made in writing fourteen days before each execution date or it is waived. If the convicted person receives a stay of execution or the execution date has passed for any reason, then the election expires and must be renewed in writing fourteen days before a new execution date. If the convicted person waives the right of election, then the penalty must be administered by electrocution.
(B) Upon receipt of the notice of execution, the Director of the Department of Corrections shall determine and certify by affidavit under penalty of perjury to the Supreme Court whether the methods provided in subsection (A) are available.
(C) A person convicted of a capital crime and sentenced to death by electrocution prior to the effective date of this section must be administered death by electrocution unless the person elects death by firing squad or lethal injection, if it is available, in writing fourteen days before the execution date.
(D) If execution by lethal injection under this section is determined and certified pursuant to subsection (B) to be unavailable by the Director of the Department of Corrections or is held to be unconstitutional by an appellate court of competent jurisdiction, then the manner of inflicting a death sentence must be by electrocution, unless the convicted person elects death by firing squad.
(E) The Department of Corrections must provide written notice to a convicted person of his right to election under this section and the available methods.
(F) The Department of Corrections shall establish protocols and procedures for carrying out executions pursuant to this section.
HISTORY: 1962 Code Section 55-373; 1952 Code Section 55-373; 1942 Code Section 1986; 1932 Code Section 1986; Cr. C. '22 Section 970; 1912 (27) 702; 1960 (51) 1917; 1993 Act No. 181, Section 420; 1995 Act No. 83, Section 25; 1995 Act No. 108, Section 1; 2021 Act No. 43 (S.200), Section 1, eff May 14, 2021.

Editor's Note
2021 Act No. 43, Section 3, provides as follows:
"SECTION 3. This act takes effect upon approval by the Governor and applies to persons sentenced to death as provided by law prior to and after the effective date of this act."
Effect of Amendment
2021 Act No. 43, Section 1, rewrote the section.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 24 - Corrections, Jails, Probations, Paroles and Pardons

Chapter 3 - State Prison System

Section 24-3-20. Custody of convicted persons; designation of place of confinement; participation in work release and training program; litter removal; establishment and administration of restitution program.

Section 24-3-27. Establishing local regional correctional facilities; useful employment of inmates; service of warrants on inmates.

Section 24-3-30. Designation of places of confinement; exceptions; notification to Department of Corrections in advance of closing of local detention facilities.

Section 24-3-40. Disposition of wages of prisoner allowed to work at paid employment.

Section 24-3-45. Repealed by 2010 Act No. 237, Section 91, eff June 11, 2010.

Section 24-3-50. Penalty for failure of prisoner to remain within extended limits of his confinement.

Section 24-3-60. Notice to Department of Corrections of number of prisoners sentenced to state prison system.

Section 24-3-70. Allowable expenses incurred in transportation of prisoners; method of payment.

Section 24-3-80. Detention of prisoner when authorized by Governor.

Section 24-3-81. Conjugal visits not permitted.

Section 24-3-85. Sexually violent predators transferred to custody pursuant to interagency agreements.

Section 24-3-90. Prisoners sentenced by United States authorities.

Section 24-3-93. Wearing of jewelry.

Section 24-3-110. Manufacture of license plates and road signs.

Section 24-3-130. Use of inmate labor on State highways or other public projects.

Section 24-3-131. Supervision of inmates used on public projects.

Section 24-3-140. Use of inmate labor on State House and Grounds.

Section 24-3-150. Repealed by 2010 Act No. 237, Section 91, eff June 11, 2010.

Section 24-3-160. Costs of maintaining inmates by State institutions.

Section 24-3-170. Payments by Clemson University for use of inmates.

Section 24-3-180. Transportation and clothes for discharged inmates.

Section 24-3-190. Appropriation of balances for Department of Corrections.

Section 24-3-200. Repealed by 2010 Act No. 237, Section 91, eff June 11, 2010.

Section 24-3-210. Furloughs for qualified inmates of State prison system.

Section 24-3-220. Inmate privileges; attending funeral service; visiting family member in the hospital; transportation; notification.

Section 24-3-310. Declaration of intent.

Section 24-3-315. Determinations prerequisite to selecting prison industry project.

Section 24-3-320. Purchase of equipment and materials and employment of personnel for establishment and maintenance of prison industries.

Section 24-3-330. Purchase of products produced by inmate labor by State and political subdivisions.

Section 24-3-340. Circumstances warranting State's purchasing products other than those produced by convict labor.

Section 24-3-350. Dry-cleaning facilities.

Section 24-3-360. Annual preparation of catalogues describing articles produced by convict labor.

Section 24-3-370. Priority of product distribution.

Section 24-3-380. Prices of products.

Section 24-3-390. Rules and regulations.

Section 24-3-400. Prison Industries Account.

Section 24-3-410. Sale of prison-made products on open market generally prohibited; penalties.

Section 24-3-420. Violations.

Section 24-3-430. Inmate labor in private industry authorized; requirements and conditions.

Section 24-3-510. Death sentence and notice thereof.

Section 24-3-520. Transportation of inmate sentenced to death.

Section 24-3-530. Death penalty; methods of execution.

Section 24-3-540. Death chamber; expenses incurred in transporting criminal to place of execution.

Section 24-3-550. Witnesses at execution.

Section 24-3-560. Certification of execution.

Section 24-3-570. Disposition of body.

Section 24-3-580. Disclosure of identity of execution team member prohibited; exception; civil cause of action; damages.

Section 24-3-590. Prohibition of denial of license to execution team member.

Section 24-3-710. Conduct in state prison system.

Section 24-3-720. Enlisting aid of citizens to suppress prisoner riot, disorder or insurrection.

Section 24-3-730. Neglecting or refusing aid; fine.

Section 24-3-740. Compensation for assistance.

Section 24-3-750. Immunity.

Section 24-3-760. Powers of keeper in regard to disorders in absence of Director.

Section 24-3-910. Penitentiary employee aiding in escape; penalty.

Section 24-3-920. Rewards for capture of escaped inmates.

Section 24-3-930. Guards, keepers and other employees exempt from jury, military or street duty.

Section 24-3-940. Gambling prohibited.

Section 24-3-950. Contraband.

Section 24-3-951. Possession or use of United States currency by prisoners prohibited; exceptions; system of credits.

Section 24-3-960. Moneys in unlawful possession of prisoners as contraband; use in welfare fund.

Section 24-3-965. Certain offenses relating to contraband to be tried in magistrate's court.

Section 24-3-970. Use of a social networking site by an inmate to contact a victim; penalty.