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Sponsors: Reps. W.D. Smith, Wilkins, G.R. Smith, Leach, Vaughn, Simrill, Sandifer, Toole, Clemmons, Merrill and Hagood
Document Path: l:\council\bills\ms\7077ahb05.doc
Companion/Similar bill(s): 87
Introduced in the House on January 11, 2005
Currently residing in the House Committee on Judiciary
Summary: Jurors and jury lists
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/15/2004 House Prefiled 12/15/2004 House Referred to Committee on Judiciary 1/11/2005 House Introduced and read first time HJ-111 1/11/2005 House Referred to Committee on Judiciary HJ-112 1/25/2005 House Member(s) request name added as sponsor: Clemmons 1/26/2005 House Member(s) request name added as sponsor: Merrill 2/10/2005 House Member(s) request name added as sponsor: Hagood
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTIONS 14-7-1110, AS AMENDED, AND 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 WHEN THE OFFENSE IS A CLASS A, B, C, OR D OFFENSE, ANOTHER OFFENSE WITH A MAXIMUM PENALTY OF FIFTEEN YEARS OR MORE EXCEPT CAPITAL OFFENSES, NONCAPITAL OFFENSES, AND WHEN CHALLENGING AND STRIKING ALTERNATE JURORS; BY ADDING SECTION 14-7-1122 SO AS TO ALLOW AND PROVIDE A PROCEDURE FOR WRITTEN VOIR DIRE AND TO PROVIDE EXCEPTIONS; BY ADDING SECTION 14-7-1125 SO AS TO REQUIRE A PARTY WHICH IS A GOVERNMENT AGENCY, ENTITY, OR SUBDIVISION OF GOVERNMENT TO MAKE AVAILABLE TO THE OPPOSING PARTY CRIMINAL RECORDS, DRIVING RECORDS, OR OTHER SPECIALIZED JUROR INFORMATION IF THE GOVERNMENT OBTAINED THIS INFORMATION AT THE COMMENCEMENT OF THE JURY VENIRE QUALIFICATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 14-7-1110 of the 1976 Code, as last amended by Act 10 of 1987, is further amended to read:
Any A person who is arraigned indicted for t he 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 an A, B, C, or D class felony or another offense that carries a maximum term of imprisonment of fifteen years or more, except for a capital offense, is entitled to peremptory challenges not exceeding ten, and the State in these cases is entitled to peremptory challenges not exceeding five ten. A person indicted for a capital offense has the right to peremptory challenges not exceeding ten, and the State in these cases has the right to peremptory challenges not exceeding five. Any A person who is indicted for any a crime or offense other than those enumerated above 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 noncapital case where there is when more than one defendant jointly are tried, are no more than twenty 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 the State has ten challenges no more than twenty peremptory challenges are allowed to the State."
SECTION 2. 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 peremptory challenges and the defendant to two peremptory challenges for each alternate juror called under the provisions of Section 14-7-320. and in In civil cases, each party shall have has one strike for each alternate juror."
SECTION 3. Chapter 7, Title 14 of the 1976 Code is amended by adding:
"Section 14-7-1122. (A) In all cases triable by a jury except as provided in subsection (C), written, pre-impaneling, voir dire must be conducted pursuant to the provisions of this section.
(B) The Supreme Court shall promulgate rules to establish a procedure by which written voir dire must be conducted and shall establish the content of the questionnaire to which a juror shall respond. The county clerk of court shall send a questionnaire for each juror's response along with each individual juror's summons.
(C) In addition to the written voir dire required by this section, the trial court may permit oral voir dire, including attorney voir dire.
(D) This section does not apply to:
(1) offenses triable in summary court when the maximum penalty for the offense is thirty days or less; or
(2) voir dire of individual jurors in cases in which the death penalty may be imposed.
(E) The county clerk of court may charge a reasonable fee for each copy of a juror's response to the questionnaire as provided in subsection (B). This information, if requested by a public defender's office, a governmental prosecutor, or another governmental agency, entity, or subdivision, must be made available at no cost to that office."
SECTION 4. Chapter 7, Title 14 of the 1976 Code is amended by adding:
"Section 14-7-1125. In every criminal court of record when a party which is a governmental agency, entity, or subdivision of government, including a solicitor or governmental prosecutor, has obtained criminal records, driving records, or other specialized juror information, the information must be made available at no cost to the opposing party, including the opposing counsel, at the commencement of the jury venire qualification."
SECTION 5. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 6. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 7. This act takes effect July 1, 2005, and applies to all criminal offenses committed on or after that date.
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