Bill 116

                    Current Status

 
 Introducing Body:              Senate
 Bill Number:                   116
 Primary Sponsor:               McConnell
 Committee Number:              11
 Type of Legislation:           JR
 Subject:                       Jury, death penalty
 Residing Body:                 Senate
 Current Committee:             Judiciary
 Computer Document Number:      OLDVS/LIBX/2382
 Introduced Date:               Jan 08, 1991
 Last History Body:             Senate
 Last History Date:             Jan 08, 1991
 Last History Type:             Introduced and read first
                    time, referred to Committee
 Scope of Legislation:          Statewide
 All Sponsors:                  McConnell
                Wilson
 Type of Legislation:           Joint
                      Resolution

 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 116   Senate  Jan 08, 1991  Introduced and read first       11
                             time, referred to Committee
 116   Senate  Sep 17, 1990  Prefiled, referred to           11
                             Committee

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO SECTION 22 OF ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO GRAND AND PETIT JURIES, SO AS TO PROVIDE THAT TEN OR MORE MEMBERS INSTEAD OF ALL TWELVE MEMBERS OF A JURY SHALL VOTE IN FAVOR OF IMPOSING THE DEATH PENALTY WHERE A DEFENDANT HAS BEEN CONVICTED OF MURDER IN ORDER FOR THE DEATH PENALTY TO BE IMPOSED.

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

SECTION 1. It is proposed that Section 22 of Article V of the Constitution of this State be amended by adding:

"Notwithstanding the provisions of this section, to impose the death penalty on a defendant convicted of murder, only ten or more members of the jury shall vote in favor of imposing the death penalty."

SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:

"Must Section 22 of Article V of the Constitution of this State be amended so as to provide that ten or more members instead of all twelve members of a jury shall vote in favor of imposing the death penalty where a defendant has been convicted of murder in order for the death penalty to be imposed?

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."