SC H4043

Allows South Carolina to impose the death penalty for criminal sexual conduct with a minor, explicitly directing courts to enforce this penalty despite the U.S. Supreme Court's ruling in Kennedy v. Louisiana (2008) that prohibited capital punishment for child rape

Requires that any death sentence imposed under this law specify it cannot be carried out until Kennedy v. Louisiana is overruled by the U.S. Supreme Court

Creates a special interlocutory appeal process allowing the State to appeal directly to the South Carolina Supreme Court when federal precedent blocks seeking the death penalty, with the goal of petitioning the U.S. Supreme Court to reconsider its ruling

Filing a notice of appeal automatically stays trial court proceedings until the appeal is fully resolved; the State must file within 14 days of the trial court order

Takes effect upon approval by the Governor