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A304, R412, H3867
STATUS INFORMATION
General Bill
Sponsors: Rep. Harrison
Document Path: l:\council\bills\dka\3389dw03.doc
Introduced in the House on March 26, 2003
Introduced in the Senate on April 29, 2003
Last Amended on June 2, 2004
Passed by the General Assembly on June 2, 2004
Governor's Action: September 8, 2004, Signed
Summary: Jury pools in municipal and magistrates courts
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
-------------------------------------------------------------------------------
3/26/2003 House Introduced and read first time HJ-76
3/26/2003 House Referred to Committee on Judiciary HJ-76
4/23/2003 House Committee report: Favorable Judiciary HJ-5
4/24/2003 House Amended HJ-30
4/24/2003 House Read second time HJ-31
4/24/2003 House Unanimous consent for third reading on next legislative
day HJ-31
4/25/2003 House Read third time and sent to Senate HJ-1
4/29/2003 Senate Introduced and read first time SJ-38
4/29/2003 Senate Referred to Committee on Judiciary SJ-38
5/21/2003 Senate Committee report: Favorable with amendment Judiciary
SJ-11
5/22/2003 Senate Amended SJ-27
5/22/2003 Senate Read second time SJ-27
5/22/2003 Senate Ordered to third reading with notice of amendments SJ-27
6/4/2003 Senate Amended SJ-79
6/4/2003 Senate Read third time and returned to House with amendments
SJ-79
6/5/2003 House Senate amendment amended HJ-27
6/5/2003 House Returned to Senate with amendments HJ-27
1/13/2004 Senate Non-concurrence in House amendment SJ-46
1/14/2004 House House insists upon amendment and conference committee
appointed Reps. Coleman, Lucas and GM Smith HJ-1
1/14/2004 Senate Conference committee appointed Sens. Moore, Peeler, Kuhn
SJ-20
6/2/2004 House Conference report received and adopted HJ-101
6/2/2004 Senate Conference report received and adopted SJ-28
6/2/2004 Senate Ordered enrolled for ratification SJ-28
6/3/2004 Ratified R 412
9/8/2004 Signed By Governor
9/13/2004 Copies available
9/13/2004 Effective date 09/08/04
9/14/2004 Act No. 304
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
3/26/2003
4/23/2003
4/24/2003
5/21/2003
5/22/2003
6/4/2003
6/4/2003-A
6/5/2003
6/2/2004
(A304, R412, H3867)
AN ACT TO AMEND SECTION 14-25-165, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRAWING AND COMPOSING A JURY IN MUNICIPAL COURT, SO AS TO INCREASE THE SIZE OF THE POOL FROM WHICH JURORS ARE SELECTED, AND TO DELETE A PROVISION FOR DRAWING A JURY FOR A SINGLE TRIAL WHICH REQUIRES PEREMPTORY CHALLENGES IN ADVANCE OF THE TRIAL DATE; TO AMEND SECTION 22-2-50, RELATING TO THE PREPARATION OF A LIST OF QUALIFIED ELECTORS FOR EACH MAGISTERIAL JURY AREA, SO AS TO REQUIRE THE LIST BE PREPARED IN OCTOBER OF EACH YEAR, DELETE THE REQUIREMENT THE LIST BE PREPARED ON A PRECINCT BY PRECINCT BASIS, AND REQUIRE IT BE COMPILED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 14-7-130; TO AMEND SECTIONS 22-2-80 AND 22-2-90, BOTH AS AMENDED, RELATING TO SELECTION OF A JURY IN MAGISTRATES COURT, SO AS TO INCREASE THE SIZE OF THE JURY POOL FROM WHICH A JURY IS SELECTED AND CHANGE THE TIME FOR SELECTING PERSONS TO SERVE ON A JURY; TO AMEND SECTION 22-2-100, RELATING TO THE PROCEDURE FOR SELECTING PRIMARY AND ALTERNATE JURORS IN MAGISTRATES COURT, SO AS TO CHANGE LANGUAGE CONSISTENT WITH OTHER CHANGES MADE IN SECTION 14-25-165; AND TO AMEND SECTION 22-2-120, RELATING TO THE SELECTION OF ADDITIONAL JURORS IN MAGISTRATES COURT AT THE TIME OF TRIAL, SO AS TO DELETE ARCHAIC LANGUAGE.
Be it enacted by the General Assembly of the State of South Carolina:
Juries, municipal, drawing and composing
SECTION 1. Section 14-25-165 of the 1976 Code, as last amended by Act 257 of 2000, is further amended to read:
"Section 14-25-165. (a)(1) The drawing and composing of juries for single trials or terms of court must be conducted, with necessary changes, according to the statutes relating to the drawing and composing of juries in magistrates courts, except as otherwise specifically provided by this chapter.
(2) A person appointed by the municipal judge who is not connected with the trial of the case for either party must draw out of Compartment 'A' of the jury box at least thirty but not more than one hundred names, and the list of names drawn must be delivered to each party or to the attorney for each party.
(3) If a court has experienced difficulty in drawing a sufficient number of jurors from the qualified electors of the area, and, before implementing a process pursuant to this item, seeks and receives the approval of South Carolina Court Administration, the person selected by the presiding municipal judge may draw at least one hundred names but not more than a number determined sufficient by court administration for the jury list, and must 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), in those courts which schedule terms for jury trials, the judge may select a jury list in the manner provided by this subsection.
(2) At least ten but not more than forty-five days before a scheduled term of jury trials, a person selected by the presiding judge must draw at least forty but not more than one hundred jurors to serve one week only.
(3) If a court has experienced difficulty in drawing a sufficient number of jurors from the qualified electors of the area, and, before implementing a process pursuant to this item, seeks and receives the approval of South Carolina Court Administration, the person selected by the presiding municipal judge may draw at least one hundred names but not more than a number determined sufficient by court administration to serve one week only.
(4) Immediately after the jurors are drawn, the judge must issue a writ of venire facias for the jurors requiring their attendance on the first day of the week for which they have been drawn. This writ must be delivered to the chief of police or may be served by regular mail by the clerk of court.
(c) The names drawn pursuant to either subsection (a) or (b) must be placed in a box or hat and individual names randomly drawn out one at a time until six jurors and four alternates are selected. Each party has a maximum of six peremptory challenges as to primary jurors and four peremptory challenges as to alternate jurors and any other challenges for cause the court permits. If for any reason it is impossible to select sufficient jurors and alternates from the names drawn, names must be drawn randomly from Compartment 'A' until sufficient jurors and alternates are selected."
State Election Commission, to prepare jury list
SECTION 2. Section 22-2-50 of the 1976 Code is amended to read:
"Section 22-2-50. In October of each year, the State Election Commission must provide to the chief magistrate for administration of each county, at no cost, a jury list compiled in accordance with the provisions of Section 14-7-130. The chief magistrate for administration of the county must use these lists in preparing, for each jury area, a list of the qualified electors in these jury areas, and must forward these lists to the respective magistrates."
Manner of selection of jury list
SECTION 3. Section 22-2-80 of the 1976 Code, as last amended by Act 257 of 2000, is further amended to read:
"Section 22-2-80. (A) In all cases except as provided in Section 22-2-90 in a magistrates court in which a jury is required, a jury list 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 must draw out of Compartment 'A' of the jury box at least thirty but not more than one hundred names, and this list of names must be delivered to each party or to the attorney for each party.
(B) If a court has experienced difficulty in drawing a sufficient number of jurors from the qualified electors of the area, and, before implementing a process pursuant to this subsection, seeks and receives the approval of South Carolina Court Administration, the person selected by the presiding magistrate may draw at least one hundred names but not more than a number determined sufficient by court administration for the jury list, and must deliver this list to each party or the attorney for each party."
Addition procedure for drawing jury list
SECTION 4. Section 22-2-90 of the 1976 Code, as last amended by Act 257 of 2000, is further 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 a magistrates court which schedules terms for jury trials, the magistrate may select a jury list in the manner provided by this section.
(B) At least ten but not more than forty-five days before a scheduled term of jury trials, a person selected by the presiding magistrate must draw at least forty but not more than one hundred jurors to serve one week only.
(C) If a court has experienced difficulty in drawing a sufficient number of jurors from the qualified electors of the area, and, before implementing a process pursuant to this subsection, seeks and receives the approval of South Carolina Court Administration, the person selected by the presiding magistrate may draw at least one hundred names but not more than a number determined sufficient by court administration to serve one week only.
(D) Immediately after the jurors are drawn, the magistrate must issue a writ of venire facias for the jurors requiring their attendance on the first day of the week for which they have been drawn. This writ must be delivered to the magistrate's constable or the sheriff of the county concerned."
Procedure for selecting jury members
SECTION 5. Section 22-2-100 of the 1976 Code is amended to read:
"Section 22-2-100. The names drawn pursuant to either Section 22-2-80 or Section 22-2-90 must be placed in a box or hat and individual names randomly drawn out one at a time until six jurors and four alternates are selected. Each party has a maximum of six peremptory challenges as to primary jurors and four peremptory challenges as to alternate jurors and any other challenges for cause the court permits. If for any reason it is impossible to select sufficient jurors and alternates from the names drawn, names must be drawn randomly from Compartment 'A' until sufficient jurors and alternates are selected."
Insufficient number of jurors, additional jurors to be selected
SECTION 6. Section 22-2-120 of the 1976 Code is amended to read:
"Section 22-2-120. If at the time set for the trial there are not sufficient jurors to proceed because one or more have failed to attend, have not been summoned, or have been excused or disqualified by the court, additional jurors must be selected from the remaining names or in the manner provided in Section 22-2-80 or Section 22-2-100."
Time effective
SECTION 7. This act takes effect upon approval by the Governor.
Ratified the 3rd day of June, 2004.
Approved the 8th day of September, 2004.
This web page was last updated on Monday, December 7, 2009 at 10:32 A.M.