South Carolina 2025-2026 Regular Session

South Carolina House Bill H3852

Introduced
1/30/25  

Caption

Attorney General inclusions

Impact

The implications of this bill redirect some powers and responsibilities toward the Attorney General, impacting layers of state law concerning criminal prosecutions and executions. By including the Attorney General in the Commission on Prosecution Coordination, this bill is positioned to foster greater oversight of prosecutorial standards and practices within the state. Furthermore, the amendment concerning execution witnesses enhances the transparency of the execution process while reinforcing the Attorney General's presence in a significant aspect of criminal justice.

Summary

House Bill 3852 aims to amend sections of the South Carolina Code of Laws, specifically concerning the Commission on Prosecution Coordination and the protocol for witnesses at executions. This bill proposes to include the Attorney General or his designee as a member of the Commission, thereby enhancing the role of the Attorney General in coordination with prosecution efforts across the state. It also amends laws to allow the Attorney General or their designee to be present as a witness during executions, thereby formalizing their involvement in capital punishment processes.

Contention

While the bill may streamline the process and increase accountability, it has prompted discussions concerning the expanding role of the Attorney General in both prosecution and execution matters. Critics may argue that this extension of authority could overly centralize decisions that some believe should remain diversely represented through various stakeholders, including judges, legal representatives, and community members, thus raising questions about the potential impact on the neutrality of the prosecution and the execution process.

Companion Bills

SC S0267

Similar To Duties of the AG

SC S0308

Similar To Attorney General inclusions

Similar Bills

SC S0267

Duties of the AG

SC S0308

Attorney General inclusions

SC S0074

Electronic Records

SC H3460

Electronic records

SC H3088

Behavioral Health Conditional Dismissal Program

HI SB1311

Relating To Solicitation Of Funds From The Public.

HI HB992

Relating To Solicitation Of Funds From The Public.

HI SB1048

Relating To Solicitation Of Funds From The Public.