Bill 2259

                    Current Status

Bill Number:               2259
Ratification Number:       359
Act Number:                340
Introducing Body:          House
Subject:                   Relating to juries and certain jury
                           procedures

(A340, R359, H2259)

AN ACT TO AMEND ARTICLES 3, 7, 9, AND 13, CHAPTER 7 OF TITLE 14, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURIES AND CERTAIN JURY PROCEDURES, SO AS TO REVISE THE SELECTION PROCESS FOR JURORS OF THE PETIT AND GRAND JURIES, AND TO REPEAL ARTICLE 5, CHAPTER 7 OF TITLE 14, RELATING TO THE ALTERNATIVE METHOD OF DRAWING AND SUMMONING JURORS IN THE CIRCUIT COURT, AND TO REPEAL ACT 208 OF 1977, RELATING TO JURY POOLS WHEN CONCURRENT TERMS OF CIRCUIT COURT ARE SCHEDULED.

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

Drawing and summoning jurors

SECTION 1. Article 3, Chapter 7, Title 14 of the 1976 Code, as amended, is further amended to read:

"Article 3

Drawing and Summoning Jurors

Section 14-7-110. The county auditor, the county treasurer, and the clerk of the court of common pleas of each county in this State shall perform the duties set forth and are known as jury commissioners.

Section 14-7-120. If there is a vacancy in the office of the clerk of court of common pleas, county auditor, or county treasurer at the time fixed for preparing the jury list or for drawing a jury or if any of these officers are disqualified or unable to serve for any reason, the county judge of probate shall act in his place and stead and if there is a vacancy in two of these offices or for any other reason two of these officers are unable to serve, the county judge of probate and the sheriff of the county shall act in their places and stead. If from among the officers above named there are not three persons in office qualified and able to serve, the resident circuit judge or the presiding judge shall appoint a commissioner or commissioners to serve in the place of the commissioner or commissioners as may be disqualified during the time of his or their disqualification. Each of the substitute commissioners shall receive the same per diem and mileage as is paid jurors.

Section 14-7-130. The jury commissioners of each county shall, in the month of December of each calendar year, commencing in the year 1986, obtain from the South Carolina Election Commission the latest official list of registered voters in the county. The jury commissioners shall promptly cause each name in the list to be numbered consecutively, beginning with the number 'one' for the first name on the list and continuing consecutively through the last name on the list, so that each name on the list is numbered. The jury commissioners may not exclude, remove, or disqualify any person whose name appears on the list and each name must be numbered as provided. The jury commissioners shall then fold and place the list in the jury box. The list thereafter is designated as the 'jury list'.

Section 14-7-140. In lieu of the manner herein required by this chapter, the jury commissioners of a county, when drawing and summoning jurors for the court of common pleas or general sessions, may at the discretion of the governing body of the county utilize a computer for this purpose in the manner the Supreme Court by order shall direct.

Section 14-7-150. The jury box of a county shall contain the same number of capsules or containers as there are names on the jury list prepared by the jury commissioners from the latest official list furnished to the county by the State Election Commission each year and provided to the clerk of court of each county not later than December first of the calendar year. The capsules or containers must be small, opaque, and as similar in size, shape, and color as possible at the time of original purchase or the repurchase of additional capsules. By a slip of paper placed therein, each capsule or container must be numbered, beginning with number 'one' and continuing consecutively through the number of qualified electors on the jury list prepared by the jury commissioners as hereinbefore provided. All these papers must be of similar kind, color, and weight so as to resemble each other as much as possible without distinguishing marks. The capsules or containers so prepared must be placed in the jury box constructed as required by law.

Section 14-7-160. At the time provided by law for the drawing of jurors, the jury commissioners shall randomly withdraw from the jury box one capsule or container for each juror required by law to be drawn. The jury commissioners shall then open each capsule or container drawn and ascertain the number contained therein. The names of the jurors drawn must be taken from the jury list by the numbers thereon corresponding to the numbers drawn from the capsules or containers. The jury commissioners may not excuse or disqualify any juror selected. Immediately after the jurors are drawn, the clerk of court shall issue his writ and process as now required by law for the jurors whose numbers were drawn. Any juror drawn for a term of court must be notified of the time and place he is to appear for jury duty at least fifteen days before he is to appear and serve as a juror. If the trial judge determines that additional jurors are immediately necessary for the conduct of the court he may waive the fifteen-day notice.

Section 14-7-170. When the jury commissioners in a county in this State shall omit to prepare the list of jurors for the then ensuing year or to prepare the ballots of the names and place them in the boxes at the time and in the manner required in this article, the Chief Justice, any associate justice of the Supreme Court, or any circuit judge shall grant an order on the application of any solicitor or attorney at law showing this omission by affidavit, which may be on information and belief, requiring the jury commissioners in question, within ten days after the order, to prepare these lists and ballots of names and to prepare the jury boxes (nunc pro tunc) and all juries drawn from these boxes are as valid and lawful as if the omission had not occurred.

Section 14-7-180. The clerk of the court shall keep the jury box in his custody. The jury box must be kept securely locked with three separate and strong locks, each lock being different and distinct from the other two and requiring one key peculiar to itself in order to be unlocked. The key to one of these three locks must be kept by the county auditor himself, the key to another of these three locks must be kept by the county treasurer himself, and the key to the third of these three locks must be kept by the clerk of the court of common pleas himself, so that no two of them shall keep a similar key or similar keys to the same lock and so that all three of them must be present together at the same time and place in order to lock or unlock and open the jury box.

Section 14-7-190. Not less than ten days nor more than thirty-five days before the first day of any week in which more than one term of court requiring juries is scheduled in a county, the jury commissioners shall draw a number of petit jurors to serve as a jury pool, from which the courts shall draw panels of jurors as needed according to the following schedule:

(1) When two concurrent terms of court are scheduled, the commissioners shall draw ninety percent of the number of jurors which they would otherwise draw;

(2) When three concurrent terms of court are scheduled, the commissioners shall draw eighty percent of the number of jurors which they would otherwise draw;

(3) When four concurrent terms of court are scheduled, the commissioners shall draw seventy percent of the number of jurors which they would otherwise draw; or

(4) When five or more concurrent terms of court are scheduled, the commissioners shall draw fifty percent of the number of jurors which they would otherwise draw.

The jury commissioners shall not exclude or disqualify any juror drawn.

Section 14-7-200. Not less than ten nor more than thirty-five days before the first day of each week of any regular or special term of the circuit court the jury commissioners shall proceed to draw seventy-five petit jurors to serve for that week only. The jury commissioners shall randomly select the seventy-five jurors and shall not excuse or disqualify any juror who has been selected. Immediately after the petit jurors are drawn, the clerk of the court of common pleas shall issue his writ of venire facias for the petit jurors, requiring their attendance on the first day of the week for which they have been drawn and this writ of venire facias must be immediately delivered to the sheriff of the county.

Section 14-7-210. Whenever a jury is charged with a case, it must not be discharged by reason of anything in Section 14-7-200 contained until a verdict is found or a mistrial ordered in such case.

Section 14-7-220. The drawings must be made openly and publicly in the office of the clerk of court of common pleas and the jury commissioners shall give ten days' notice of the place, day, and hour of each of the drawings by posting in a conspicuous place on the courthouse door or by advertisement in a county newspaper.

Section 14-7-230. When provision is made by law or by rule of court for a child under ten years of age to draw the names of the jurors for the purpose of impaneling a jury, either a person who is totally blind or a child under the age of ten years may draw the names of the jurors whenever the court may so direct with the same force and effect as a child under ten years of age.

If a child under ten years of age or a totally blind person is not present in the courtroom, the clerk of court, with the approval of the presiding judge, may designate a responsible and impartial person to draw the names of the jurors.

Section 14-7-240. All jurors must be selected by drawing ballots from the jury box and, subject to the exceptions herein contained, the persons whose names are on the ballots so drawn must be returned to serve as jurors.

Section 14-7-250. The names of those who are drawn and actually serve as jurors must be placed in an envelope and must not be put back into the jury box until the first revision of the jury list provided for after they have been so drawn, to the end that no person shall serve as a juror more than once in two calendar years. Nothing contained in this article may be construed to be in conflict with the provisions of the law as to selecting by lot from the grand jury six members to serve for the ensuing year.

Section 14-7-260. Except as otherwise expressly provided, no more than seventy-five persons to serve as petit jurors may be drawn and summoned to attend at one and the same time at any court, unless the court shall so order.

Section 14-7-270. Whenever the jury list of any county is destroyed by fire or other casualty or it is held by any court of competent jurisdiction that the jury list has been unlawfully prepared or is irregular or illegal, so as to render void the drawing of jurors therefrom, the jury commissioners shall prepare a special jury list for the county immediately in the manner herein prescribed from which special list grand and petit jurors are drawn for the courts of general sessions and common pleas for the county until the annual jury list has been prepared for the county as provided.

Section 14-7-280. When at any time it is determined by the circuit judge of any circuit, upon complaint made to him, that an irregularity has occurred in the drawing of the juries for any court within his circuit or that any act has been done whereby the validity of any jury drawn or to be drawn may be questioned, the circuit judge may issue his order to the jury commissioners for each county for which the court is to be held, at least five days before the sitting thereof, to proceed to draw jurors for the term or take measures as may be necessary to correct the error.

Section 14-7-290. Whenever at any term of the circuit court the array of grand and petit jurors summoned to attend is held to have been irregularly or illegally drawn or summoned, the presiding judge shall immediately order, in either case, that the jury commissioners of the county shall immediately prepare a special list and, in open court, draw a special venire of grand or petit jurors or draw a special jury from the last list prepared according to law. Any special grand or petit jury so drawn and summoned shall serve instead of those discharged at this term.

Section 14-7-300. Whenever it is necessary to supply any deficiency in the number of grand or petit jurors duly drawn, whether caused by challenge or otherwise, the jury commissioners, under the direction of the court, shall draw from the jury box the number of jurors as the court considers necessary to fill the deficiency.

Section 14-7-310. Nothing contained in this article prevents the clerk of the court of common pleas from issuing venires for additional jurors in term time upon the order of the court whenever it is necessary for the convenient dispatch of its business. In any such case venires must be served and returned and jurors required to attend on those days as the court shall direct.

Section 14-7-320. Whenever in the opinion of a presiding judge of a court of common pleas or general sessions of any county of this State about to enter upon the trial of a civil or criminal case the trial is likely to be protracted, the court may cause an entry to that effect to be made in the minutes of the court and, immediately after the jury is impaneled and sworn, the court shall direct the calling of one or two additional jurors in its discretion, to be known as alternate jurors. These jurors must be drawn from the same source, in the same manner, have the same qualifications, and be subject to the same examination and challenge as the jurors already sworn.

Section 14-7-330. No motion to quash any panel of petit jurors may be made because of any relationship, connection, or other disqualification on the part of the jury commissioners, or any of them, who made up the jury box, unless notice of the motion in writing is given at least ten days before the convening of any court to the adverse party, or his attorney setting forth the ground for the making of the motion. Failure to give notice is considered a waiver of all rights.

Section 14-7-340. If notice is given and the party upon whom it is served concedes or it is determined by the court that the relationship, connection, or disqualification exists, then the moving party shall apply to the resident circuit judge or the presiding judge of the circuit, either at chambers or in term time, setting out by way of affidavits the facts. Thereupon the judge shall order the jury commissioners who are not related, connected, or disqualified to make up a special jury box composed of the names of two hundred and forty persons, who are qualified to serve as jurors, from which special box there must be drawn the names of thirty-six jurors who must be summoned and required to attend as extra jurors. From the extra panel a jury may be obtained to try the case in which the regular panel is disqualified. In case all of the jury commissioners are disqualified, then the judge shall designate three others who shall perform this duty.

Section 14-7-350. The extra or special panel may be discharged as soon as the need for it ceases.

Section 14-7-360. When the name of a person is drawn from the jury box for jury service by the jury commissioners the person shall serve as a juror unless disqualified or excused by the court as may be provided by law.

Section 14-7-370. When, by neglect of any of the duties required by this article to be performed by any of the officers or persons mentioned, the jurors to be returned from any place are not duly drawn and summoned to attend the court, every person guilty of neglect shall pay a fine not exceeding one hundred dollars, to be imposed by the court, to the use of the county in which the offense was committed.

Section 14-7-380. If any member of the board of jury commissioners is guilty of fraud, either (a) by practicing on the jury box previously to a draft, (b) in drawing a juror, (c) in returning into the jury box the name of any juror which has been lawfully drawn out and drawing or substituting another in his stead, or (d) in any other way in the drawing of jurors he must be punished by a fine not exceeding five hundred dollars or be imprisoned not exceeding two years in a state correctional institution.

Section 14-7-390. The clerk of court of a county may serve a summons for jury duty by first class mail. In the alternative, the clerk of court of any county may contract with the State Election Commission to serve a summons for jury duty by first class mail. Should the clerk of court of any county not choose to use either of the procedures for summoning jurors provided by this section, the clerk may summon jurors as provided by Section 14-7-410 or the sheriff shall serve jurors as provided by Section 14-7-400.

Section 14-7-400. The grand and petit jurors drawn from the jury box must be summoned by the sheriff as provided by law at least four days before the time fixed in the venire for them to attend the sitting of the court.

Section 14-7-410. The clerk of court of any county may serve a summons for jury duty by certified mail with return receipt requested. Should the clerk of court of any county not choose to use the procedure for summoning jurors provided by this section, the sheriff must continue to serve jurors as provided by law.

Section 14-7-420. In cases where the law provides for the opening and holding of the court of common pleas during the week in which a term of the court of general sessions is or may be held in any county, the jurors summoned to attend and serve in the court of general sessions shall also attend and serve as jurors in any court of common pleas.

Section 14-7-430. The method and procedure described by this article is the exclusive method for the preparation of the jury lists, jury box, and the drawing of jurors therefrom and for the service as jurors in the circuit courts of this State."

Disqualification, exemptions, and excuse from

service as jurors

SECTION 2. Article 7, Chapter 7 of Title 14 of the 1976 Code, as amended, is further amended to read:

"Article 7

Disqualification, Exemptions, and Excuse from

Service as Jurors

Section 14-7-810. In addition to any other provision of law, no person is qualified to serve as a juror in any court in this State if:

(1) He has been convicted in a state or federal court of record of a crime punishable by imprisonment for more than one year and his civil rights have not been restored by pardon or amnesty.

(2) He is unable to read, write, speak, or understand the English language.

(3) He is incapable by reason of mental or physical infirmities to render efficient jury service. Legal blindness does not disqualify an otherwise qualified juror.

(4) He has less than a sixth grade education or its equivalent.

Any person called to jury service who knows or has good reason to suspect that he is disqualified under this section, upon questioning by the trial judge, hearing officer, or clerk of court, must state the disqualifying facts or the reasons for his suspicions and any failure to do so is punishable as contempt of court. The trial judge must make the final determination of the qualifications of a juror as set out in this section and his decision must not be disturbed on appeal.

Section 14-7-820. No clerk or deputy clerk of the court, constable, sheriff, probate judge, county commissioner, magistrate or other county officer, or any person employed within the walls of any courthouse is eligible as a juryman in any civil or criminal case; provided, that no person may be disqualified under this section except as determined by the court.

Section 14-7-830. No member of the grand jury which has found an indictment may be put upon the jury for the trial thereof.

Section 14-7-840. No person is exempt from service as a juror in any court of this State except men and women over sixty-five years of age. Notaries public are not considered state officers and are not exempt under this section.

Any person exempt under this section may be excused only as directed by the court. The jury commissioners shall not excuse or disqualify any juror under this section. The clerk of court shall maintain a list of persons excused by the court and the reasons the juror was determined to be excused.

Section 14-7-850. No person is liable to be drawn and serve as a juror in any court more often than once in every year, but he is not exempt unless he actually attends and serves as a juror in pursuance of such draft, nor is he exempt from serving on a jury in any other court in consequence of his having served before a magistrate.

Section 14-7-860. The presiding judge for cause shown may excuse anyone from jury duty at any term of court if he considers it advisable. But no juror who has been drawn to serve at any term of the court may be excused except for good and sufficient cause, which, together with his application, must be filed in the office of the clerk of the court and remain on record. Any woman having a child under seven years of age of whom she has legal custody and the duty of care, who desires to be excused from jury duty, shall furnish an affidavit to the clerk of court stating that she is unable to provide adequate care for the child while performing jury duty and shall be excused from such duty. The provisions of Section 14-7-870 shall not apply to any such woman juror.

Any person who violates the provisions of this section is guilty of a misdemeanor and upon conviction must be punished by a fine not to exceed one thousand dollars or imprisoned for a term not to exceed thirty days or both.

Section 14-7-870. Whenever a juror is so excused, unless the cause of the excuse is permanent physical disability of the juror or the juror is a member of one of the classes of persons set forth in Section 14-7-840, the name of the juror must be placed by the jury commissioners on the succeeding panel of the same term of court, unless the panel from which the juror is excused is the last panel for the term, in which event the name of the juror must be placed by the jury commissioners on the first panel of the succeeding term of court. The name of such juror so placed on any panel must be in addition to the seventy-five names required to be placed thereon under the provisions of Section 14-7-200 and the juror shall attend the court on the first day of the week for which he has been so designated without the issuance or service of any further process. He shall serve as a substitute on the panel in the stead and place of any one of the jurors drawn on the panel whose attendance cannot then be procured or who may be excused from attendance on the panel for cause as provided in this article. Nothing in this article may be construed as requiring the service of any person as a juror during any calendar year other than the calendar year for which he has been originally drawn under the provisions of Section 14-7-200."

Objections and challenges to jurors,

impaneling of juries

SECTION 3. Article 9, Chapter 7, Title 14 of the 1976 Code is amended to read:

"Article 9

Objections and Challenges to Jurors;

Impaneling of Juries

Section 14-7-1010. The presiding judge shall at each term of court ascertain the qualifications of the jurors.

The presiding judge shall determine whether any juror is disqualified or exempted by law and only he shall disqualify or excuse any juror as may be provided by law. The clerk of court shall maintain a list of all jurors excused or disqualified and the reasons provided therefor by the presiding judge, which list must be signed by the presiding judge. In no case shall the jury commissioners excuse or disqualify any juror for any reason whatsoever; provided that the clerk of court may, without court approval, transfer any juror to a subsequent term upon good and sufficient cause.

Section 14-7-1020. The court shall, on motion of either party in the suit, examine on oath any person who is called as a juror to know whether he is related to either party, has any interest in the cause, has expressed or formed any opinion, or is sensible of any bias or prejudice therein, and the party objecting to the juror may introduce any other competent evidence in support of the objection. If it appears to the court that the juror is not indifferent in the cause, he must be placed aside as to the trial of that cause and another must be called.

Section 14-7-1030. All objections to jurors called to try prosecutions, actions, issues, or questions arising out of actions or special proceedings in the various courts of this State, if not made before the juror is impaneled for or charged with the trial of the prosecution, action, issue, or question arising out of an action or special proceeding, is waived, and if made thereafter is of no effect.

Section 14-7-1040. In indictments and penal actions for the recovery of sum of money or other thing forfeited, it is not a cause of challenge to a juror that he is liable to pay taxes in any county, city, or town which may be benefited by recovery.

Section 14-7-1050. In the trial of all actions at law in the courts of common pleas and issues ordered to be framed by the judge in equity cases in the courts, the clerk in the manner provided by Section 14-7-1060 shall furnish the parties or their attorneys with a list of twenty jurors from the whole number of jurors who are in attendance, the names on the list to be numbered from one to twenty, and be stricken off by numbers in the same manner as the regular panels of jurors in those courts have been formed. From this list the parties or their attorneys shall alternatively strike, until there are but twelve left, which shall constitute the jury to try the case or issue. In all cases the plaintiff shall have the first strike and in all civil cases any party shall have the right to demand a panel of twenty competent and impartial jurors from which to strike a jury.

Section 14-7-1060. The clerk shall write or cause the names of the jurors in attendance to be written, each on a separate paper or ballot which must be white and plain, which must resemble each other as much as possible, and which must be so folded that the name written thereon is not visible on the outside. The clerk shall place each of the ballots or separate papers in a separate, small opaque capsule or container, which must be as uniform in size, shape and color as possible at the time of original purchase or repurchase of the capsules or containers. Whenever a jury panel of twenty is to be drawn, these capsules or containers must be placed in a small rotating drum, cylindrical in shape, having a handle at the end thereof and resting on such supports that it can be turned by means of the handle, the drum, capsules and other equipment to be furnished by the jury commissioners and approved by the resident judge. When the containers or capsules have been placed in the drum, it must be completely closed and securely fastened and rotated by means of the handle for a sufficient length of time necessary for a complete mixing of the containers or capsules and the required number of jurors must then be drawn, one by one, by a child under ten years of age or by a blind person in the presence of the court. The names of the jurors so drawn must be returned to the capsules and replaced in the drum when the jurors are no longer actually engaged in service on a trial jury.

Section 14-7-1070. When the list is prepared by the clerk and presented to the parties or their attorneys, objection for cause must be made before striking, and if the objection is sustained, the clerk shall fill up the list before it is stricken. If, after the jury has been struck as provided, it is discovered that any one or more of the jurors whose names remain upon the jury list are disqualified for any cause, the clerk shall furnish the parties or their attorneys with an additional list of three times as many jurors as may be found to be disqualified, to be drawn as the first list was drawn, from which the parties or their attorneys shall alternately strike, until there is left the number necessary to impanel the panel.

Section 14-7-1080. Should the jury charged with any case be delayed in rendering its verdict so that it could not be present to be drawn from in making the list to form a second jury, then the clerk shall present to the parties or their attorneys a list containing the names of twenty jurors to be drawn by the clerk from the remaining jurors in the manner provided in Section 14-7-1050, from which list the parties or their attorneys shall alternately strike, as provided in Section 14-7-1050 until twelve are left who shall constitute the jury.

Section 14-7-1090. In all cases of default when it may be necessary to have the verdict of a jury or in the trial of cases when the parties or their attorneys shall waive the right to strike a jury, the clerk shall, under the direction of the judge, draw and impanel a jury who shall pass upon those matters as may be submitted to it in default cases or the trial of those cases when the parties have waived the right to strike the jury.

Section 14-7-1100. In impaneling juries in criminal cases, the jurors must be called, sworn, and impaneled anew for the trial of each case, according to the established practice.

Section 14-7-1110. Any person who is arraigned for the crime of murder, manslaughter, burglary, arson, rape, grand larceny, 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. Any person who is indicted for any 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 case where there is more than one defendant jointly tried are more than twenty peremptory challenges 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.

Section 14-7-1120. In criminal cases the prosecution is entitled to one 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 14-7-1130. Any juror in any court of this State may make solemn and conscientious affirmation and declaration, according to the form of his religious belief or profession, as to any matter or thing whereof an oath is required and this affirmation and declaration must be held as valid and effectual as if the person had taken an oath on the Holy Bible.

Section 14-7-1140. No irregularity in any writ of venire facias or in the drawing, summoning, returning, or impaneling of jurors is sufficient to set aside the verdict, unless the party making the objection was injured by the irregularity or unless the objection is made before the returning of the verdict."

Grand juries

SECTION 4. Article 13, Chapter 7, Title 14 of the 1976 Code is amended to read:

"Article 13

Grand Juries

Section 14-7-1510. During the last term of the court of general sessions held in each county for any year six of the grand jurors then in service must be drawn as provided in this article who, together with twelve grand jurors selected in the manner prescribed, shall constitute the grand jury for the succeeding year. No person shall serve as a grand juror for more than two consecutive years.

Section 14-7-1520. The clerk of court of general sessions in each county, not less than fifteen days before the commencement of the first term of the court in each year, shall issue writs of venire facias for thirty grand jurors to be returned to the court, of whom twelve must be qualified and selected to serve together with the six grand jurors for whose selection provision has herein otherwise been made at each term thereof throughout the year and until another grand jury is selected and impaneled.

Section 14-7-1530. During the fall or last term of the court of common pleas and general sessions for any county, the clerk of the court shall randomly draw from the outgoing grand jury, that is to say, from the grand jury for the then current year, of the names of the six members who shall serve as a part of the grand jury for the then ensuing year, with the same force and effect as if the names of the six grand jurors had been drawn in the presence of the presiding judge.

Section 14-7-1540. Whenever for any cause, such as the quashing of the array or there being no court at the fall term, there has been a failure to draw the names of six members of the grand jury for any county to serve on the grand jury for the county for the ensuing year as required by law, there must be drawn, at the proper time for drawing the grand jury, thirty-six names from the jury box, instead of thirty, and the thirty-six persons whose names are drawn must be summoned and the grand jury must be selected as provided by law from among those thirty-six persons, which grand jury is the lawful grand jury for that county for that year and until their successors be drawn, summoned, and qualified according to law.

Section 14-7-1550. Not less than fifteen days prior to the convening of the first term of the court of general sessions for the calendar year, the jury commissioners shall proceed to draw from the jury box thirty grand jurors. The grand jurors must be randomly drawn and listed as are jurors for trials, and the jury commissioners shall not disqualify or excuse any juror drawn. Immediately after these grand jurors are drawn, the clerk of the court of common pleas shall issue his writ of venire facias for these grand jurors, requiring their attendance on the first day of the first week of criminal court in the county or at such other time as the clerk of court may designate. This writ of venire facias must be immediately delivered to the sheriff of the county or otherwise served as provided by law.

Section 14-7-1560. On the first day of the term of court, the presiding judge shall ascertain the qualifications of those jurors as have appeared pursuant to the writ of venire facias. No juror may be excused or disqualified except in accordance with existing law as determined by the presiding judge. The clerk of court shall maintain a list of all jurors who are excused or disqualified by the presiding judge and state the reasons given therefor by the presiding judge. The sheriff of the county shall also report to the presiding judge the names of those persons who were not served with writs of venire facias and that reasonable effort was made to obtain service. The clerk of court shall maintain a list of the jurors who were not served with the writ of venire facias and the reasons service was not affected.

Section 14-7-1570. After the grand jury venire has been duly qualified by the presiding judge, the clerk of court shall place the names of all qualified grand jurors in a container from which twelve grand jurors must be chosen. The clerk of court shall randomly draw twelve jurors from the container, and those twelve jurors drawn shall serve as grand jurors, together with those grand jurors selected as provided under Section 14-7-1510. The clerk of court shall randomly withdraw three additional jurors, with those three jurors serving as alternate grand jurors in the event one or more of the original grand jurors are incapacitated, excused, or disqualified during their term. The names of the alternate grand jurors must be kept separate and numbered in the order drawn and in this order, unless excused by the presiding judge, shall serve when necessary. The remainder of the grand jury venire may be discharged.

Section 14-7-1580. The foreman of the grand jury or acting foreman in the circuit courts of any county of the State may swear the witnesses whose names shall appear on the bill of indictment in the grand jury room. But no witnesses shall be sworn except those who have been bound over or subpoenaed in the manner provided by law. In order to obtain attendance of any witness, the grand jury may proceed as provided by Sections 19-7-10 through 19-7-30 and Sections 19-9-10 through 19-9-130.

Section 14-7-1590. Grand juries may, whenever in their judgment it becomes necessary, employ one or more expert accountants to aid them to examine and investigate the offices, books, papers, vouchers, and accounts of any public officer of their respective counties and to fix the amount of compensation or per diem to be paid therefor, upon the approval of the presiding or circuit judge given before any expert is employed."

Repeal

SECTION 5. Article 5, Chapter 7, Title 14 of the 1976 Code and Act 208 of 1977 are repealed.

Time effective

SECTION 6. This act shall take effect upon approval by the Governor.