Current Status Bill Number:3975 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950411 Primary Sponsor:Harrison All Sponsors:Harrison Drafted Document Number:BBM\10134CM.95 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Juror, contacting of
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19950411 Introduced, read first time, 25 HJ
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-9-265 SO AS TO PROVIDE THAT CONTACTING A JUROR OR A PERSON ASSOCIATED WITH A JUROR OR IN THE PRESENCE OF A JUROR WHO HAS SERVED IN A CAPITAL OFFENSE PROCEEDING UNDER CERTAIN CIRCUMSTANCES IS A FELONY, TO PROVIDE CONDITIONS UPON WHICH A JUROR WHO HAS SERVED IN A CAPITAL OFFENSE PROCEEDING MAY BE CONTACTED, AND TO PROVIDE PENALTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 16-9-265. (A) A juror, or a person who was associated with or in the presence of a juror, who served on a jury impanelled to decide a capital offense case must not be contacted or attempted to be contacted or communicated with as follows and as provided in subsection (B):
(1) personally or through another person in any manner;
(2) by a person under the direction or with the assistance of a third person; or
(3) by a person who has been provided information, advice, or other means to attempt the contact or complete the contact from a third person.
(B) Pursuant to subsection (A), attempted contact, contact, and communication are prohibited to determine:
(1) what the juror or members of the jury discussed;
(2) the reasons or basis for the jury's verdict or sentence;
(3) whether the jurors followed the law and instructions charged to the jury by the court; or
(4) other matters relied upon or discussed by the jury relevant to the verdict, sentence, or relating to the juror's service or activities while serving on the jury.
(C) Notwithstanding the provisions contained in subsections (A) and (B), a juror who served on a jury impanelled to decide a capital offense case may be contacted if the:
(1) solicitor who prosecuted the case and the solicitor serving in the county in which the case was decided are given written notice identifying the juror to be contacted and the reasons the contact is necessary;
(2) circuit court judge who presided in the capital case conducts a full hearing and determines that contacting the juror is justified and supported by clear and convincing evidence which is specified in an order and specifies the conditions upon which the juror may be contacted; and
(3) juror testifies during the hearing that he freely and voluntarily agrees to be contacted.
(D) A person who violates the provisions of subsections (A), (B), or (C) is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both."
SECTION 2. This act takes effect upon approval by the Governor.