Bill 3111

                    Current Status

Bill Number:               3111
Ratification Number:       9
Act Number                 5
Introducing Body:          House
Subject:                   State grand jury authorized

(A5, R9, H3111)

AN ACT TO RATIFY AN AMENDMENT TO SECTION 22, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO GRAND AND PETIT JURIES, SO AS TO AUTHORIZE THE GENERAL ASSEMBLY TO ESTABLISH A STATE GRAND JURY BY GENERAL LAW; AND TO RATIFY AN AMENDMENT TO SECTION 11, ARTICLE I OF THE CONSTITUTION, RELATING TO THE REQUIREMENT THAT NO PERSON MAY BE HELD TO ANSWER FOR ANY CRIME WHERE THE PUNISHMENT EXCEEDS A FINE OF TWO HUNDRED DOLLARS OR IMPRISONMENT FOR THIRTY DAYS, UNLESS ON A PRESENTMENT OR INDICTMENT OF A GRAND JURY OF THE COUNTY WHERE THE CRIME HAS BEEN COMMITTED, WITH CERTAIN EXCEPTIONS, SO AS TO PROVIDE THAT NOTHING CONTAINED IN THE CONSTITUTION IS DEEMED TO LIMIT OR PROHIBIT THE ESTABLISHMENT BY THE GENERAL ASSEMBLY OF A STATE GRAND JURY WITH THE AUTHORITY TO RETURN INDICTMENTS AND WITH THAT OTHER AUTHORITY, INCLUDING PROCEDURE, AS THE GENERAL ASSEMBLY MAY PROVIDE.

Be it enacted by the General Assembly of the State of South Carolina:

State grand jury authorized

SECTION 1. The amendment to Section 22, Article V of the Constitution of South Carolina, 1895, prepared under the terms of Joint Resolution 206 of 1988, having been submitted to the qualified electors at the general election of 1988 as prescribed in Section 1, Article XVI of the Constitution of South Carolina, 1895, and a favorable vote having been received on the amendment, is ratified and declared to be a part of the Constitution so that the section is amended to read:

"Section 22. The petit jury of the Circuit Court shall consist of twelve members and the number of jurors of other courts must be determined by law. All jurors in any trial court must agree to a verdict in order to render the same. The grand jury of each county, and the state grand jury, as the General Assembly may establish by general law, shall consist of eighteen members, twelve of whom must agree in a matter before it can be submitted to the Court. Each juror must be a qualified elector under the provisions of this Constitution and of good moral character."

State grand jury authorized

SECTION 2. The amendment to Section 11, Article I of the Constitution of South Carolina, 1895, prepared under the terms of Joint Resolution 206 of 1988, having been submitted to the qualified electors at the general election of 1988 as prescribed in Section 1, Article XVI of the Constitution of South Carolina, 1895, and a favorable vote having been received on the amendment, is ratified and declared to be a part of the Constitution so that the section is amended to read:

"Section 11. No person may be held to answer for any crime where the punishment exceeds a fine of two hundred dollars or imprisonment for thirty days, unless on a presentment or indictment of a grand jury of the county where the crime has been committed, except in cases arising in the land or naval forces or in the militia when in actual service in time of war or public danger. The General Assembly may provide for the waiver of an indictment by the accused. Nothing contained in this Constitution is deemed to limit or prohibit the establishment by the General Assembly of a state grand jury with the authority to return indictments irrespective of the county where the crime has been committed and that other authority, including procedure, as the General Assembly may provide."