South Carolina General Assembly
108th Session, 1989-1990

Bill 3115

                    Current Status

Bill Number:               3115
Ratification Number:       13
Act Number                 8
Introducing Body:          House
Subject:                   Amendment revising indictment
                           requirements ratified
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A8, R13, H3115)

AN ACT TO RATIFY AN AMENDMENT TO SECTION 11, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PRESENTMENT OR INDICTMENT, SO AS TO REQUIRE PRESENTMENT OR INDICTMENT BY A GRAND JURY FOR ANY CRIME THE JURISDICTION OVER WHICH IS NOT WITHIN THE MAGISTRATE'S COURT.

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

Amendment revising indictment requirements ratified

SECTION 1. The amendment to Section 11, Article I of the Constitution of South Carolina, 1895, prepared under the terms of Joint Resolution 686 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 Section 11, Article I, is amended to read:

"Section 11. No person may be held to answer for any crime the jurisdiction over which is not within the magistrate's court, 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."