SC moves closer to making electric chair default method of carrying out death penalty
Electrocution is one step closer to becoming the default method of executing inmates in South Carolina.
A state Senate bill, which would make the electric chair the Palmetto State’s default method of killing offenders, passed the House Judiciary Committee on Tuesday. Clearing that hurdle sends it to the House floor for debate, making it one step away from being signed into law.
Under current South Carolina law, lethal injection is the default mode of execution, but inmates can choose electrocution instead. However, the state currently cannot perform lethal injection executions because it does not have the drugs required and cannot get them at this time.
Thus far, the state has not had to postpone any executions due to the lack of drugs, S.C. Department of Corrections spokeswoman Chrysti Shain told The State.
The bill, which passed the Senate 26-13 in January 2019, would allow inmates to choose to die from lethal injection, but if the drugs are unavailable, they would be put to death by electrocution.
One critic said the bill gave inmates the “facade” of a choice between electrocution and lethal injection.
“We’re going to force you to be electrocuted,” said state Rep. Justin Bamberg, D-Bamberg, who ultimately voted against the bills passage.
However, arguing in support of the bill, state Rep. Chris Murphy, R-Dorchester, said if it does not pass, many of the inmates still on death row will essentially be serving a sentence of life without parole.
“Currently, there are 38 people on death row. Of those, four were sentenced to die when our only means of execution was electricity,” Murphy said during Tuesday’s hearing. “We would not have the means and ability to execute them.”
Bamberg argued that the electric chair violated the Bill of Rights, which protects Americans from cruel and unusual punishment. The Democrat gave lawmakers examples of electrocutions that went wrong, including instances when inmates burst into flames.
“Several states ceased the use of the electric chair … in the wake of those botched executions,” Bamberg said. “States all across America moved towards a more humane way of carrying out capital punishment. Today, if you vote in favor of this bill, you are voting to take a step back.”
S.C. Rep. Neal Collins, R-Pickens, said he opposed the bill because of the number of people who have been vindicated after being sentenced to death.
Collins also raised questions about the mental health of the offenders who are being sentenced to death.
“This bill has already passed the Senate,” Collins said. “We are the last stop.”
Rep. Mandy Powers Norrell, D-Lancaster, argued that whether the state should use the death penalty should not be the topic of discussion Tuesday.
“In the interest of respecting juries and within the interest of respecting existing law … I’m not in favor of using a loophole to circumvent existing law,” Powers Norrell, an attorney, said.
S.C. Rep Gary Clary, a Pickens Republican who served as a circuit judge, wanted to add an amendment to the bill that would not allow it to apply retroactively, meaning inmates who have already been sentenced to death would not be automatically sentenced to electrocution. Clary, who mentioned the need for the clause during previous Judiciary meetings, argued that without the amendment, the bill could open up the state to lawsuits.
“I still have the same opinion and believe that we’re going to certainly improve the economy for lawyers in this state on these criminal appeals, which will basically be funded by the Legislature through (The S.C. Commission on) Indigent Defense,” Clary said.
S.C. Rep. John McCravy, R-Greenwood, argued that case law from the age when U.S. officials were changing their preferred methods of execution from hanging to the electric chair would legally protect the state.
Ultimately, Clary’s amendment failed to get enough support.
The committee voted to pass the bill on to the full S.C. House, with only Bamberg, Clary, Collins and state Rep. John King, D-York, voting against it.
