Current Status Introducing Body:House Bill Number:3319 Primary Sponsor:Baxley Committee Number:11 Type of Legislation:GB Subject:Jurors, handicapped persons Residing Body:Senate Current Committee:Judiciary Computer Document Number:DKA/4075AL.93 Introduced Date:19930202 Date of Last Amendment:19930427 Last History Body:Senate Last History Date:19930428 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Baxley J. Wilder Shissias Waites Corning Barber Wright Wells Walker Rudnick T.C. Alexander Jennings Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
3319 Senate 19930428 Introduced, read first time, 11
referred to Committee
3319 House 19930427 Amended, read third time,
sent to Senate
3319 House 19930422 Amended, read second time
3319 House 19930414 Committee Report: Favorable 25
with amendment
3319 House 19930202 Introduced, read first time, 25
referred to Committee
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Indicates Matter Stricken
Indicates New Matter
AMENDED, NOT PRINTED
April 27, 1993
H. 3319
Introduced by REPS. Baxley, J. Wilder, Shissias, Waites, Corning, Barber, Wright, Wells, Walker, Rudnick, T.C. Alexander and Jennings
S. Printed 4/22/93--H.
Read the first time February 2, 1993.
1. Estimated Cost to State-First Year $52,200
2. Estimated Cost to State-Annually
Thereafter $52,200
House Bill 3320, if enacted, will amend the South Carolina Code of Laws, 1976, Section 15-27-15, so that when a deaf person is a witness in a legal proceeding, the court shall appoint a qualified interpreter to assure that the deaf witness is communicated with on all proceedings and the fulfillment of justice is assured. The bill will provide for a position of Court Interpreter for the Deaf, within the Judicial Department, to be appointed by the Chief Justice.
This person must be certified by the National Registry of Interpreters for the Deaf with a "SC:L" (Special Skills:Legal Certificate) Designation. And will receive compensation as provided by the General Assembly.
Salary $30.000
Employer Contributions 7,200
Operating Expenses 15,000
TOTAL $52,200
Funds in the amount of approximately $52,200 will be needed to cover this cost.
Prepared By: Approved By:
Scott Barnes George N. Dorn, Jr.
State Budget Analyst State Budget Division
TO AMEND SECTION 14-7-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REASONS FOR DISQUALIFICATION OF JURORS, SO AS TO PROVIDE THAT A PERSON WHO IS BLIND, HEARING OR SPEECH IMPAIRED, OR PHYSICALLY HANDICAPPED MAY NOT BE DISQUALIFIED TO ACT AS A JUROR OR BE EXCLUDED FROM A JURY LIST OR JURY SERVICE BECAUSE OF THESE HANDICAPS; AND TO AMEND SECTION 15-27-110, RELATING TO INTERPRETERS FOR THE DEAF, SO AS TO PROVIDE THAT AN INTERPRETER BE PROVIDED WHEN A DEAF PERSON IS A JUROR AND PROVIDE CRITERIA FOR THE USE OF AN INTERPRETER WHEN USED TO ASSIST A DEAF JUROR.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 14-7-810(3) of the 1976 Code is amended to read:
"(3) He is incapable by reason of mental or physical infirmities to render efficient jury service. Legal blindness does not disqualify an otherwise qualified juror. A person who is blind, hearing or speech impaired, or physically handicapped is not disqualified to act as a juror or may not be excluded from a jury list or jury service solely on the basis of the physical disability alone. However, the juror may be disqualified by the court for service upon a particular case if, in the discretion of the court, the evidence is of a nature that the disability of the juror would interfere with his ability to comprehend the evidence. If the court finds that a juror is disqualified due to disability, the court must state its finding on the record."
SECTION 2. Section 15-27-110 of the 1976 Code is amended to read:
"Section 15-27-110. (A) Whenever When any a deaf person is a party to any legal proceeding or a juror or a witness therein in one, or confined to any an institution, the court shall appoint a qualified interpreter, or as many as needed, approved by the deaf person and either the South Carolina Registry of Interpreters for the Deaf or the National Registry of Interpreters for the Deaf to interpret the proceedings to and the testimony of such the deaf person unless the deaf person shall waive waives such or the judge shall find finds that such it is not necessary for the fulfillment of justice. The court shall determine a reasonable fee for all such interpreting services which shall must be paid out of the general fund of the State or of the county where the proceedings take place, as designated by the court from those funds appropriated to the Judicial Department by the General Assembly for the office of the Court Interpreter for the Deaf.
(B) In the presence of the jury, the court shall instruct the interpreter to make true, literal, and complete translations of all testimony and other relevant colloquy to the deaf juror to the best of his ability. The court may permit a translator to be present and assist a deaf juror throughout any period during which the jury is sequestered or engaged in its deliberations. In the presence of the jury, the court shall instruct the interpreter to refrain from participating in any manner in the deliberations of the jury and to refrain from having any communications, oral or visual, with any member of the jury regarding the deliberations of the jury except for the literal translations of jurors' remarks made during deliberations. The verdict of the jury is valid even though the interpreter was present during deliberations."
SECTION 3. Section 15-27-15 of the 1976 Code, as added by Act 97 of 1987, is amended to read:
"Section 15-27-15. (A) Whenever any a deaf person is a party to any or witness in a legal proceeding or a witness therein, or confined to any an institution, the court shall appoint a qualified interpreter, or as many as needed, approved by the deaf person and either the South Carolina Registry of Interpreters for the Deaf or the National Registry of Interpreters for the Deaf to interpret the proceedings to and the testimony of the deaf person unless the deaf person waives such this privilege or the judge finds that it is not necessary for the fulfillment of justice. The court shall determine a reasonable fee for interpreting services which must be paid out of the general fund of the State from such those funds appropriated to the Judicial Department Office of Ombudsman for this purpose by the General Assembly.
(B) For the purpose of implementing the provisions of subsection (A), the position of Court Interpreter for the Deaf is established within the Office of Ombudsman. The Court Interpreter for the Deaf must be appointed by the Chief Justice and shall serve at his pleasure. He must be certified by the National Registry of Interpreters for the Deaf, and shall receive compensation provided by the General Assembly in the annual general appropriations act. The Court Interpreter for the Deaf when available shall perform those functions specified by subsection (A) without a fee being charged for his services, but if not available other qualified interpreters shall continue to be appointed and compensated in the manner provided by subsection (A)./If the judge determines that an interpreter is not necessary, he shall set forth his reasons for reaching that conclusion in the record./"
SECTION 4. This act takes effect upon approval by the Governor.