Current Status Bill Number:19 Type of Legislation:Joint Resolution JR Introducing Body:Senate Introduced Date:19970114 Primary Sponsor:Saleeby All Sponsors:Saleeby Drafted Document Number:bbm\10947jm.97 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Nonjury bench trials provided by legislature, courts, juries and jurors, constitutional amendment
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19970114 Introduced, read first time, 11 SJ
referred to Committee
View additional legislative information at the LPITS web site.
PROPOSING AN AMENDMENT TO SECTION 14, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE RIGHT OF TRIAL BY JURY AND THE RIGHTS OF DEFENDANTS IN CRIMINAL CASES, SO AS TO AUTHORIZE THE GENERAL ASSEMBLY TO PROVIDE FOR NONJURY BENCH TRIALS IN CASES AT LAW WHEN THE AMOUNT IN CONTROVERSY IS TWENTY-FIVE THOUSAND DOLLARS OR LESS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 14, Article I of the Constitution of this State be amended to read:
"Section 14. The right of trial by jury shall be preserved inviolate. Any person charged with an offense shall enjoy the right to a speedy and public trial by an impartial jury; to be fully informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to be fully heard in his defense by himself or by his counsel or by both; provided, that the General Assembly shall provide for nonjury bench trials in cases at law when the amount in controversy is twenty-five thousand dollars or less."
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 ballot:
"Must Section 14, Article I of the Constitution of this State (relating to the right of trial by jury and the rights of defendants in criminal cases) be amended so as to authorize the General Assembly to provide for nonjury bench trials in cases at law when the amount in controversy is twenty-five thousand dollars or less?
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'."