S 1038 Session 112 (1997-1998)
S 1038 General Bill, By Ravenel, Branton, Giese, Grooms, McConnell,
Passailaigue and Ryberg
Similar(S 1033, S 1077, S 1095, H 4456)
A BILL TO AMEND SECTION 14-7-1510, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO SERVICE AS A GRAND JUROR, SO AS TO PROVIDE THAT A PERSON
COMPLETING HIS SERVICE AS A GRAND JUROR, INCLUDING ANY SERVICE AS A HOLDOVER
GRAND JUROR, IS EXEMPT FROM ANY FURTHER JURY SERVICE IN ANY COURT IN THIS
STATE FOR A PERIOD OF THREE YEARS; AND TO AMEND CHAPTER 7 OF TITLE 14,
RELATING TO JURIES AND JURORS IN CIRCUIT COURT, BY ADDING ARTICLE 16 SO AS TO
PROVIDE AN ALTERNATIVE METHOD FOR SELECTING AND IMPANELING GRAND JURIES IN
WHICH GRAND JURORS SHALL SERVE TERMS OF SIX MONTHS RATHER THAN ONE YEAR AND
MAY HOLD OVER FOR ONE ADDITIONAL SIX-MONTH TERM, TO PROVIDE THE PROCEDURES FOR
SELECTING AND IMPANELING SUCH JURORS UNDER THIS ALTERNATIVE SYSTEM, AND TO
PROVIDE THAT A PERSON COMPLETING HIS SERVICE AS A GRAND JUROR UNDER THIS
ALTERNATIVE SYSTEM, INCLUDING ANY SERVICE AS A HOLDOVER GRAND JUROR, IS EXEMPT
FROM ANY FURTHER JURY SERVICE IN ANY COURT OF THIS STATE FOR A PERIOD OF THREE
YEARS.
02/17/98 Senate Introduced and read first time SJ-6
02/17/98 Senate Referred to Committee on Judiciary SJ-6
A BILL
TO AMEND SECTION 14-7-1510, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO SERVICE AS A GRAND
JUROR, SO AS TO PROVIDE THAT A PERSON COMPLETING
HIS SERVICE AS A GRAND JUROR, INCLUDING ANY
SERVICE AS A HOLDOVER GRAND JUROR, IS EXEMPT
FROM ANY FURTHER JURY SERVICE IN ANY COURT IN
THIS STATE FOR A PERIOD OF THREE YEARS; AND TO
AMEND CHAPTER 7 OF TITLE 14, RELATING TO JURIES
AND JURORS IN CIRCUIT COURT, BY ADDING ARTICLE 16
SO AS TO PROVIDE AN ALTERNATIVE METHOD FOR
SELECTING AND IMPANELING GRAND JURIES IN WHICH
GRAND JURORS SHALL SERVE TERMS OF SIX MONTHS
RATHER THAN ONE YEAR AND MAY HOLD OVER FOR ONE
ADDITIONAL SIX-MONTH TERM, TO PROVIDE THE
PROCEDURES FOR SELECTING AND IMPANELING SUCH
JURORS UNDER THIS ALTERNATIVE SYSTEM, AND TO
PROVIDE THAT A PERSON COMPLETING HIS SERVICE AS
A GRAND JUROR UNDER THIS ALTERNATIVE SYSTEM,
INCLUDING ANY SERVICE AS A HOLDOVER GRAND
JUROR, IS EXEMPT FROM ANY FURTHER JURY SERVICE IN
ANY COURT OF THIS STATE FOR A PERIOD OF THREE
YEARS.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 14-7-1510 of the 1976 Code is amended to
read:
"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. A
person completing his service as a grand juror under the provisions
of this article, including any service as a holdover grand juror, is
exempt from any further jury service in any court in this State for a
period of three years."
SECTION 2. Chapter 7 of Title 14 of the 1976 Code is amended
by adding:
"Article 16
Alternative Method of Selecting and
Impaneling Grand Juries
Section 14-7-1900. Grand jurors shall serve terms of six months
and may be held over for one additional six-month term. During the
last term of the court of general sessions held in each county before
December thirty-first of each year, six of the grand jurors then in
service who have not served two consecutive six-month terms must
be drawn as provided in this article who, together with twelve new
grand jurors selected in the manner prescribed, shall constitute the
grand jury for the six-month period beginning on January first of the
succeeding year and ending on June thirtieth of that year. During the
last term of the court of general sessions held in each county before
July first of each year, six of the grand jurors then in service who
have not served two consecutive six-month terms must be drawn as
provided in this article, who, together with twelve new grand jurors
selected in the manner prescribed, shall constitute the grand jury for
the ensuing period beginning on July first and ending on December
thirty-first of that year. No person shall serve as a grand juror for
more than two consecutive six-month terms.
Section 14-7-1910. 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 on or after January first and July first of 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 six-month period they are to serve and until another
grand jury is selected and impaneled.
Section 14-7-1920. During the last term of the court of common
pleas and general sessions for any county before December
thirty-first of any year and July first of the succeeding year, 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 six-month period,
the names of the six members who have not served two consecutive
six-month terms and who shall serve as a part of the grand jury for
the then ensuing six-month period, 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 14-7-1930. Whenever for any cause, such as the quashing
of the array or there being no court at that 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
six-month period 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 six-month period
and until their successors be drawn, summoned, and qualified
according to law.
Section 14-7-1940. Not less than fifteen days before the
convening of the first term of the court of general sessions on or after
January first and July first of each year, the jury commissioners shall
proceed to draw from the jury box fifty 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 on or after January first and
July first of each year or at such other time as the clerk of court may
designate. This writ of venire facias must be delivered immediately
to the sheriff of the county or otherwise served as provided by law.
Section 14-7-1950. On the first day of the term of court on or
after January first and July first of each year, 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 effected.
Section 14-7-1960. 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 14-7-1900. 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 14-7-1970. Except for the alternative method of selecting
and impaneling grand jurors as provided in this article, all other
provisions of law relating to grand juries and grand jurors shall
continue to apply.
Section 14-7-1980. A county governing body, by ordinance, may
elect to use the provisions of this article as the method of selecting
and impaneling grand juries and grand jurors in that county based on
its determination that grand jury case loads, length of time persons
must serve as grand jurors, and other similar concerns require this
alternative method.
Section 14-7-1990. Any person upon completion of service as a
grand juror under the alternative method provided by this article,
including any service as a holdover grand juror, is exempt from any
further jury service in any court of this State for a period of three
years."
SECTION 3. This act takes effect upon approval by the Governor.
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