Current Status Bill Number:3654 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950222 Primary Sponsor:Kirsh, All Sponsors:Kirsh, Moody-Lawrence, Meacham and Simrill Drafted Document Number:gjk\21462sd.95 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Family court, jury trials
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19950222 Introduced, read first time, 25 HJ
referred to Committee
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TO AMEND SECTION 20-7-1480, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF THE FAMILY COURT SYSTEM BY RULE OF THE SUPREME COURT, SO AS TO PROVIDE FOR JURY TRIALS IN THE FAMILY COURT AND THE PROCEDURES FOR JURY TRIALS; AND TO AMEND SECTION 20-7-755, AS AMENDED, RELATING TO THE CONDUCT OF HEARINGS IN THE FAMILY COURT IN CASES INVOLVING CHILDREN, SO AS TO DELETE A PROHIBITION AGAINST SUCH CASES BEING CONDUCTED WITHOUT A JURY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-7-1480 of the 1976 Code is amended to read:
"Section 20-7-1480. (A) The Supreme Court by rule shall provide for the administration of the Family Court system.
(B) Jury trials in the Family Court, upon request by either party to the action, shall be held. For this purpose, jurors shall be summoned, selected, and compensated in the same manner jurors for the Circuit Court are summoned, selected, and compensated. Where specific provisions of law, the court, or court rule requires a Family Court proceeding to be confidential, and either of the parties requests a jury trial in such a proceeding, jurors must be instructed not to discuss the proceedings with any nonjurors without permission of the court, and violation of this provision shall be punishable as contempt. The Supreme Court by rule shall provide for the implementation of this subsection."
SECTION 2. Section 20-7-755 of the 1976 Code, as last amended by Act 636 of 1988, is further amended to read:
"Section 20-7-755. All cases of children must be dealt with as separate hearings by the court and without a jury. The hearings must be conducted in a formal manner and may be adjourned from time to time. The general public must be excluded, and only persons the judge finds to have a direct interest in the case or in the work of the court may be admitted. The presence of the child in court may be waived by the court at any stage of the proceedings. Hearings may be held at any time or place within the county designated by the judge. In any case where the delinquency proceedings may result in commitment to an institution in which the child's freedom is curtailed, the privilege against self-incrimination and the right of cross-examination must be preserved. In all cases where required by law, the child must be accorded all rights enjoyed by adults, and where not required by law the child must be accorded adult rights consistent with the best interests of the child."
SECTION 3. This act takes effect upon approval by the Governor.