Current Status Introducing Body:House Bill Number:3691 Primary Sponsor:Harrison Committee Number:11 Type of Legislation:JR Subject:Circuit court petit jury, members Residing Body:Senate Current Committee:Judiciary Companion Bill Number:517 Computer Document Number:NO5/8941SD.93 Introduced Date:19930311 Date of Last Amendment:19940119 Last History Body:Senate Last History Date:19940125 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Harrison Sharpe Quinn Kinon H. Brown Corning Sheheen Wilkins Stuart Walker A. Young R. Smith Shissias Riser Law Wright Jaskwhich Keegan Gamble Wofford Type of Legislation:Joint Resolution
Bill Body Date Action Description CMN Leg Involved ____ ______ ____________ ______________________________ ___ ____________ 3691 Senate 19940125 Introduced, read first time, 11 referred to Committee 3691 House 19940120 Read third time, sent to Senate 3691 House 19940119 Amended, read second time 3691 House 19930422 Committee Report: majority 25 favorable, with amendment, minority unfavorable 3691 House 19930311 Introduced, read first time, 25 referred to CommitteeView additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
AMENDED
January 19, 1994
H. 3691
Introduced by REPS. Harrison, Sharpe, Quinn, Kinon, H. Brown, Corning, Sheheen, Wilkins, Stuart, Walker, A. Young, R. Smith, Shissias, Riser, Law, Wright, Jaskwhich, Keegan, Gamble and Wofford
S. Printed 1/19/94--H.
Read the first time March 11, 1993.
PROPOSING AN AMENDMENT TO SECTION 22, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO GRAND AND PETIT JURIES, SO AS TO PROVIDE THAT THE PETIT JURY OF THE CIRCUIT COURT RATHER THAN TWELVE MEMBERS SHALL CONSIST OF THAT NUMBER OF JURORS PROVIDED BY LAW AND THAT THE NUMBER OF JURORS OF OTHER COURTS OF THIS STATE MUST ALSO BE AS PROVIDED BY LAW.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 22, Article V of the Constitution of this State be amended to read:
"Section 22. The petit jury of the Circuit Court of General Sessions shall consist of twelve members and the number of jurors in the Court of Common Pleas and of other courts shall consist of not fewer than six and not more than twelve members as seated by the court and all jurors in the civil courts shall participate in the verdict unless excused from service by the court. Unless the parties otherwise stipulate in civil actions, (1) the verdict shall be unanimous and (2) no verdict shall be taken from a jury reduced in size to fewer than six members must be determined by law. All jurors in any trial criminal 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 resident of this State and have such other qualifications as the General Assembly may prescribe.
Nothing herein shall prevent the General Assembly by law from providing that juries in magistrate's courts and in municipal courts exercising the same jurisdiction shall consist of six members."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 22, Article V of the Constitution of this State relating to grand and petit juries be amended so as to provide that the juries of all courts of this State, except for the court of general sessions and magistrate's and municipal courts, shall consist of not fewer than six nor more than twelve members as seated by the court and that in the civil courts all jurors shall participate in the verdict unless excused by the court and that the verdict in civil actions shall be unanimous and no verdict shall be taken from a jury reduced in size to fewer than six members unless the parties otherwise stipulate?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word `Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word `No'."