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Sponsors: Reps. Pope, Young, J.R. Smith, Taylor, Simrill, McCoy, Frye, Hixon, G.R. Smith and Tallon
Document Path: l:\council\bills\ms\7663ahb12.docx
Introduced in the House on February 9, 2012
Currently residing in the House Committee on Judiciary
Summary: Peremptory challenges
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 2/9/2012 House Introduced and read first time (House Journal-page 17) 2/9/2012 House Referred to Committee on Judiciary (House Journal-page 17)
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 EQUALIZE THE NUMBER OF PEREMPTORY CHALLENGES FOR THE DEFENDANT AND THE STATE IN A CRIMINAL CASE.
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 tried 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 a Class A, B, or C felony, or a crime that carries a maximum penalty of twenty years or more, is entitled to ten peremptory challenges not exceeding ten, and the State in these cases is entitled to ten peremptory challenges not exceeding five. Any A person who is indicted tried for any a crime or offense other than those enumerated above has the right to is entitled to five peremptory challenges not exceeding five, and the State in these cases is entitled to five peremptory challenges not exceeding five. No right to stand aside jurors is allowed to the State in any case whatsoever. In no case where When there is more than one defendant jointly tried are for a Class A, B, or C felony, or a crime that carries a maximum penalty of twenty years or more, 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 and no more than twenty peremptory challenges are allowed to the State. In felonies all other cases when there is more than one defendant is jointly tried, no more than ten peremptory challenges are allowed in all to the defendants, and no more than ten peremptory challenges are allowed to the State has ten challenges."
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 and the defendant to
two one peremptory challenges challenge for each alternate juror called under pursuant to the provisions of Section 14-7-320 and in civil cases, each party shall have one strike for each alternate juror."
SECTION 3. 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 4. This act takes effect upon approval by the Governor.
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