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46.3516 Effect of finding unconstitutional provisions.

Cite as [A.S.C.A. § 46.3516]

If the United States Supreme Court or the High Court of American Samoa declares the death penalty to be in violation of any provision of the Constitution of the United States or the Constitution of American Samoa, any killing in which the death penalty could otherwise be properly imposed shall be charged and, if convicted, punished as provided by law, except that, the defendant shall not be eligible for probation or parole until he has served a minimum of 40 years of his sentence.

History: 1979, PL 1643 § 2.

Research Guide: MCC 565 .016