South Carolina General Assembly
115th Session, 2003-2004

Download This Bill in Microsoft Word format

Indicates Matter Stricken
Indicates New Matter

H. 3529

STATUS INFORMATION

General Bill
Sponsors: Rep. W.D. Smith
Document Path: l:\council\bills\bbm\9439zw03.doc
Companion/Similar bill(s): 68, 3396

Introduced in the House on February 6, 2003
Currently residing in the House Committee on Judiciary

Summary: Criminal cases, peremptory challenges; prosecution allowed same as defense

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
    2/6/2003  House   Introduced and read first time HJ-8
    2/6/2003  House   Referred to Committee on Judiciary HJ-8

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

2/6/2003

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 14-7-1110, AS AMENDED, AND SECTION 14-7-1120, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO PEREMPTORY CHALLENGES, SO AS TO ALLOW THE PROSECUTION THE SAME NUMBER OF PEREMPTORY CHALLENGES AS THE DEFENSE IN CRIMINAL CASES.

Whereas, the American legal system is founded on the jury system; and

Whereas, the number of peremptory challenges allocated to each party should be sufficient to permit counsel to obtain an unbiased jury; and

Whereas, the peremptory challenge is based upon the right of a party to excuse a potential juror "without a stated reason, without inquiry, and without being subject to the court's control"; and

Whereas, the prosecution and the defense have equally meritorious interests in promoting jury impartiality; and

Whereas, the number of peremptory challenges should be governed by rule or statute; and

Whereas, Article 1, Section 24(C)(3) of the Constitution of South Carolina, 1895, provides that the General Assembly has the authority to enact substantive and procedural laws to define, implement, preserve, and protect the rights guaranteed to victims, including the authority to extend any of these rights to juvenile proceedings; and

Whereas, Article 1, Section 24(12) of the Constitution of South Carolina, 1895, provides that victims of crime have the right to have all rules governing criminal procedure and the admissibility of evidence in all criminal proceedings protect victims' rights and have these rules subject to amendment or repeal by the legislature to ensure protection of these rights; and

Whereas, Standard 15-2.6(d) of the American Bar Association provides that in cases involving a single defendant, both the defendant and the prosecution should have the same number of peremptory challenges; and

Whereas, forty of the fifty states provide that the prosecution and defense have an equal number of peremptory challenges; and

Whereas, the victims of crime are entitled to an equal number of peremptory challenges as the defense. Now, therefore,

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

SECTION    1.    This act may be cited as the "Victim Fairness Act".

SECTION    2.    Section 14-7-1110 of the 1976 Code, as last amended by Act 10 of 1987, is further amended to read:

"Section 14-7-1110.    Any A person who is arraigned indicted for the crime of murder, manslaughter, burglary, arson, criminal sexual conduct, armed robbery, grand larceny, or breach of trust when it is punishable as for grand larceny, perjury, or forgery is entitled to peremptory challenges not exceeding ten, and the State in these cases is entitled to peremptory challenges not exceeding five ten. Any A person who is indicted for any crime or offense other than those enumerated above murder has the right to peremptory challenges not exceeding five, and the State in these cases is entitled to peremptory challenges not exceeding five. No right to stand aside jurors is allowed to the State in any case whatsoever. In no a case where there is more than one defendant jointly is tried, are no more than twenty ten peremptory challenges are allowed in all to the defendants, and in misdemeanors when there is more than one defendant jointly tried no more than ten peremptory challenges are allowed in all to the defendants. In felonies when there is more than one defendant jointly tried to the State has ten challenges."

SECTION    3.    Section 14-7-1120 of the 1976 Code is amended to read:

"Section 14-7-1120.    In criminal cases the prosecution is entitled to one two and the defendant to two peremptory challenges for each alternate juror called under the provisions of Section 14-7-320. and In civil cases, each party shall have one strike for each alternate juror."

SECTION    4.    This act takes effect upon approval by the Governor.

----XX----

This web page was last updated on Monday, December 7, 2009 at 10:27 A.M.