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COMMITTEE REPORT
February 2, 2000
H. 4296
S. Printed 2/2/00--H.
Read the first time January 11, 2000.
To whom was referred a Bill (H. 4296), to amend Section 14-25-165, Code of Laws of South Carolina, 1976, and Sections 22-2-80 and 22-2-90, all relating to the selection of the jury list in municipal and magistrate's court, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 14-25-165(a) and (b) of the 1976 Code is amended to read:
"(a)(1) The drawing and composing of juries for single trials or terms of court shall must be conducted, mutatis mutandi, according to the statutes relating to the drawing and composing of juries in magistrates' courts, except as otherwise specifically provided by this chapter. A person appointed by the municipal judge who is not connected with the trial of the case for either party shall draw out of Compartment 'A' of the jury box thirty names, and the list of names so drawn shall must be delivered to each party or to the attorney for each party.
(2) If a court has experienced difficulty in drawing a jury list from the qualified electors of the area, and if the court first seeks and receives the approval of Court Administration, the person selected by the presiding municipal judge may draw out not less than thirty but no more than sixty names for the jury list and deliver this list to each party or the attorney for each party.
(b)(1) In addition to the procedure for drawing a jury list as provided for in subsection (a) above, in those courts which schedule terms for jury trials, the judge may select a jury list in the manner provided by this subsection.
Not less than ten nor more than twenty days prior to before a scheduled term of jury trials, a person selected by the presiding judge shall draw at least forty jurors to serve one week only.
(2) If a court has experienced difficulty in drawing a jury list from the qualified electors of the area, and if the court first seeks and receives the approval of Court Administration, the person selected by the presiding municipal judge may draw out sixty names to serve one week only.
(3) Immediately after such the jurors are drawn the judge shall issue his writ of venire facias for such the jurors requiring their attendance on the first day of the week for which they have been drawn. and such This writ shall must be forthwith delivered to the chief of police, or may be served by regular mail by the clerk of court."
SECTION 2. Section 22-2-80 of the 1976 Code is amended to read:
"Section 22-2-80. (A) In all cases except as provided in Section 22-2-90 in a magistrate's court in which a jury is required, a jury list shall must be selected in the following manner:
A person appointed by the magistrate who is not connected with the trial of the case for either party shall draw out of Compartment A of the jury box thirty names, and the this list of names so drawn shall must be delivered to each party or to the attorney for each party.
(B) If a court has experienced difficulty in drawing a jury list from the qualified electors of the area, and if the court first seeks and receives the approval of Court Administration, the person selected by the presiding magistrate may draw out not less than thirty but no more than sixty names for the jury list and deliver this list to each party or the attorney for each party."
SECTION 3. Section 22-2-90 of the 1976 Code is amended to read:
"Section 22-2-90. (A) In addition to the procedure for drawing a jury list as provided for in Section 22-2-80, in those magistrate's courts which schedule terms for jury trials, the magistrate may select a jury list in the manner provided by this section.
Not less than ten nor more than twenty days prior to before a scheduled term of jury trials, a person selected by the presiding magistrate shall draw forty jurors to serve one week only.
(B) If a court has experienced difficulty in drawing a jury list from the qualified electors of the area, and if the court first seeks and receives the approval of Court Administration, the person selected by the presiding magistrate may draw out sixty names to serve one week only.
(C) Immediately after such the jurors are drawn the magistrate shall issue his writ of venire facias for such the jurors requiring their attendance on the first day of the week for which they have been drawn. and such This writ shall must be forthwith delivered to the magistrate's constable or the sheriff of the county concerned."
SECTION 4. This act takes effect July 1, 2000, and applies to jury lists in municipal and magistrate's courts selected on or after that date. /
Amend title to conform.
JAMES H. HARRISON, for Committee.
EXPLANATION OF IMPACT:
The Judicial Department states that should the bill be approved, there would be minimal cost to the State which would be absorbed by the agency at its current funding level.
LOCAL GOVERNMENT IMPACT:
Of the twelve counties that responded to our survey, eighty percent stated passage of this bill would have no fiscal impact on their magistrate's court. However, twenty percent of the counties estimated an impact of $25,000 in administrative costs.
Approved By:
Don Addy
Office of State Budget
TO AMEND SECTION 14-25-165, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND SECTIONS 22-2-80 AND 22-2-90, ALL RELATING TO THE SELECTION OF THE JURY LIST IN MUNICIPAL AND MAGISTRATE'S COURT, SO AS TO PROVIDE THAT THE COURT MAY DRAW ADDITIONAL NAMES OF QUALIFIED ELECTORS FOR THE JURY LIST IF THE COURT FIRST SEEKS AND RECEIVES THE APPROVAL OF COURT ADMINISTRATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 14-25-165(a) and (b) of the 1976 Code is amended to read:
"(a)(1) The drawing and composing of juries for single trials or terms of court shall must be conducted, mutatis mutandi, according to the statutes relating to the drawing and composing of juries in magistrates' courts, except as otherwise specifically provided by this chapter. A person appointed by the municipal judge who is not connected with the trial of the case for either party shall draw out of Compartment 'A' of the jury box thirty names, and the list of names so drawn shall must be delivered to each party or to the attorney for each party.
(2) If a court has experienced difficulty in drawing a jury list from the qualified electors of the area, and if the court first seeks and receives the approval of court administration, the person selected by the presiding magistrate may draw out forty-five names for the jury list and deliver this list to each party or the attorney for each party.
(b)(1) In addition to the procedure for drawing a jury list as provided for in subsection (a) above, in those courts which schedule terms for jury trials, the judge may select a jury list in the manner provided by this subsection.
Not less than ten nor more than twenty days prior to before a scheduled term of jury trials, a person selected by the presiding judge shall draw at least forty jurors to serve one week only.
(2) If a court has experienced difficulty in drawing a jury list from the qualified electors of the area, and if the court first seeks and receives the approval of court administration, the person selected by the presiding magistrate may draw out sixty names to serve one week only.
(3) Immediately after such the jurors are drawn the judge shall issue his writ of venire facias for such the jurors requiring their attendance on the first day of the week for which they have been drawn. and such This writ shall must be forthwith delivered to the chief of police, or may be served by regular mail by the clerk of court."
SECTION 2. Section 22-2-80 of the 1976 Code is amended to read:
"Section 22-2-80. (A) In all cases except as provided in Section 22-2-90 in a magistrate's court in which a jury is required, a jury list shall must be selected in the following manner:
A person appointed by the magistrate who is not connected with the trial of the case for either party shall draw out of Compartment A of the jury box thirty names, and the this list of names so drawn shall must be delivered to each party or to the attorney for each party.
(B) If a court has experienced difficulty in drawing a jury list from the qualified electors of the area, and if the court first seeks and receives the approval of court administration, the person selected by the presiding magistrate may draw out forty-five names for the jury list and deliver this list to each party or the attorney for each party."
SECTION 3. Section 22-2-90 of the 1976 Code is amended to read:
"Section 22-2-90. (A) In addition to the procedure for drawing a jury list as provided for in Section 22-2-80, in those magistrate's courts which schedule terms for jury trials, the magistrate may select a jury list in the manner provided by this section.
Not less than ten nor more than twenty days prior to before a scheduled term of jury trials, a person selected by the presiding magistrate shall draw forty jurors to serve one week only.
(B) If a court has experienced difficulty in drawing a jury list from the qualified electors of the area, and if the court first seeks and receives the approval of court administration, the person selected by the presiding magistrate may draw out sixty names to serve one week only.
(C) Immediately after such the jurors are drawn the magistrate shall issue his writ of venire facias for such the jurors requiring their attendance on the first day of the week for which they have been drawn. and such This writ shall must be forthwith delivered to the magistrate's constable or the sheriff of the county concerned."
SECTION 4. This act takes effect July 1, 2000, and applies to jury lists in municipal and magistrate's courts selected on or after that date.
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