H*3056(Rat #0278, Act #0257 of 2000)  General Bill, By Kirsh
 A BILL TO AMEND SECTION 14-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE PREPARATION OF A JURY LIST FROM A COMPUTER TAPE OF
 PERSONS HOLDING A VALID SOUTH CAROLINA DRIVER'S LICENSE OR IDENTIFICATION
 CARD, SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST SUPPLY THE
 COMPUTER TAPE TO THE STATE ELECTION COMMISSION EVERY YEAR INSTEAD OF EVERY
 THREE YEARS AND THAT THE TAPE MUST INCLUDE ALL PERSONS WHO OBTAINED A VALID
 DRIVER'S LICENSE OR IDENTIFICATION CARD DURING THE PREVIOUS YEAR AND EXCLUDE
 ALL PERSONS WHOSE DRIVER'S LICENSE OR IDENTIFICATION CARD HAS BEEN INVALIDATED
 BY JUDICIAL OR ADMINISTRATIVE ACTION OR WHO FAILED TO RENEW A DRIVER'S LICENSE
 OR IDENTIFICATION CARD, TO MAKE A TECHNICAL CHANGE, TO DELETE THE PROVISION
 REQUIRING THE DEPARTMENT TO FURNISH COUNTY JURY COMMISSIONERS WITH A TAPE OR
 LIST CONTAINING NEWLY LICENSED DRIVERS OR IDENTIFICATION CARD HOLDERS OVER THE
 AGE OF EIGHTEEN DURING THE YEARS IN WHICH JURY LISTS ARE NOT FURNISHED TO
 COUNTY JURY COMMISSIONERS BY THE STATE ELECTION COMMISSION, AND TO DELETE THE
 PROVISION REQUIRING THE STATE ELECTION COMMISSION TO FURNISH COUNTY JURY
 COMMISSIONERS WITH A TAPE OR LIST OF NEWLY REGISTERED VOTERS IN THE COUNTY
 ADDED SINCE ITS LAST REPORT; TO AMEND SECTION 14-7-250, AS AMENDED, RELATING
 TO THE DISPOSITION OF THE NAMES OF PERSONS WHO ARE DRAWN AND WHO SERVE AS
 JURORS, SO AS TO REVISE THIS PROVISION TO INCLUDE PERSONS WHO ATTEND A SESSION
 OF COURT AS A MEMBER OF A JURY POOL; TO AMEND SECTION 14-7-850, AS AMENDED,
 RELATING TO A PERSON'S LIABILITY TO BE DRAWN AND SERVE AS A JUROR MORE THAN
 ONCE DURING A YEAR, SO AS TO DELETE THE PROVISION THAT REQUIRES A PERSON WHO
 SERVES AS A JUROR BE EXEMPTED FROM JURY SERVICE UNDER CERTAIN CIRCUMSTA

   12/09/98  House  Prefiled
   12/09/98  House  Referred to Committee on Judiciary
   01/12/99  House  Introduced and read first time HJ-25
   01/12/99  House  Referred to Committee on Judiciary HJ-25
   02/17/99  House  Committee report: Favorable with amendment
                     Judiciary HJ-5
   02/24/99  House  Debate interrupted HJ-28
   02/25/99  House  Amended HJ-13
   02/25/99  House  Requests for debate-Rep(s). Scott, Lloyd, Parks,
                     Clyburn, G. Brown, Gourdine, Tripp, M. Hines,
                     Lanford, Beck, McMahand, Davenport, J. Hines &
                     M. McLeod HJ-14
   03/04/99  House  Read second time HJ-26
   03/04/99  House  Roll call Yeas-91  Nays-3 HJ-26
   03/04/99  House  Unanimous consent for third reading on next
                     legislative day HJ-26
   03/05/99  House  Read third time and sent to Senate HJ-1
   03/08/99  Senate Introduced and read first time SJ-9
   03/08/99  Senate Referred to Committee on Judiciary SJ-9
   03/08/00  Senate Committee report: Favorable with amendment Judiciary
   03/15/00  Senate Read second time SJ-7
   03/15/00  Senate Ordered to third reading with notice of amendments SJ-7
   03/16/00  Senate Amended SJ-10
   03/16/00  Senate Read third time and returned to House with
                     amendments SJ-10
   03/23/00  House  Debate adjourned on amendments HJ-32
   03/28/00  House  Debate adjourned on amendments HJ-254
   03/29/00  House  Debate adjourned on amendments HJ-23
   03/30/00  House  Debate adjourned on amendments HJ-30
   03/30/00  House  Senate amendment amended HJ-34
   03/30/00  House  Returned to Senate with amendments HJ-34
   04/04/00  Senate Concurred in House amendment and enrolled SJ-20
   04/26/00         Ratified R 278
   05/01/00         Signed By Governor
   05/01/00         Effective date 05/01/00
   05/15/00         Copies available
   05/16/00         Act No. 257

AN ACT TO AMEND SECTION 14-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREPARATION OF A JURY LIST FROM A COMPUTER TAPE OF PERSONS HOLDING A VALID SOUTH CAROLINA DRIVER'S LICENSE OR IDENTIFICATION CARD, SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST SUPPLY THE COMPUTER TAPE TO THE STATE ELECTION COMMISSION EVERY YEAR INSTEAD OF EVERY THREE YEARS AND THAT THE TAPE MUST INCLUDE ALL PERSONS WHO OBTAINED A VALID DRIVER'S LICENSE OR IDENTIFICATION CARD DURING THE PREVIOUS YEAR AND EXCLUDE ALL PERSONS WHOSE DRIVER'S LICENSE OR IDENTIFICATION CARD HAS BEEN INVALIDATED BY JUDICIAL OR ADMINISTRATIVE ACTION OR WHO FAILED TO RENEW A DRIVER'S LICENSE OR IDENTIFICATION CARD, TO MAKE A TECHNICAL CHANGE, TO DELETE THE PROVISION REQUIRING THE DEPARTMENT TO FURNISH COUNTY JURY COMMISSIONERS WITH A TAPE OR LIST CONTAINING NEWLY LICENSED DRIVERS OR IDENTIFICATION CARD HOLDERS OVER THE AGE OF EIGHTEEN DURING THE YEARS IN WHICH JURY LISTS ARE NOT FURNISHED TO COUNTY JURY COMMISSIONERS BY THE STATE ELECTION COMMISSION, AND TO DELETE THE PROVISION REQUIRING THE STATE ELECTION COMMISSION TO FURNISH COUNTY JURY COMMISSIONERS WITH A TAPE OR LIST OF NEWLY REGISTERED VOTERS IN THE COUNTY ADDED SINCE ITS LAST REPORT; TO AMEND SECTION 14-7-250, AS AMENDED, RELATING TO THE DISPOSITION OF THE NAMES OF PERSONS WHO ARE DRAWN AND WHO SERVE AS JURORS, SO AS TO REVISE THIS PROVISION TO INCLUDE PERSONS WHO ATTEND A SESSION OF COURT AS A MEMBER OF A JURY POOL; TO AMEND SECTION 14-7-850, AS AMENDED, RELATING TO A PERSON'S LIABILITY TO BE DRAWN AND SERVE AS A JUROR MORE THAN ONCE DURING A YEAR, SO AS TO DELETE THE PROVISION THAT REQUIRES A PERSON WHO SERVES AS A JUROR BE EXEMPTED FROM JURY SERVICE UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 14-25-165, AND SECTIONS 22-2-80 AND 22-2-90, RELATING TO THE SELECTION OF THE JURY LIST IN MUNICIPAL AND MAGISTRATES COURTS, SO AS TO PROVIDE THAT THE COURT MAY DRAW ADDITIONAL NAMES OF QUALIFIED ELECTORS FOR THE JURY LIST IF THE COURT FIRST SEEKS AND RECEIVES THE APPROVAL OF COURT ADMINISTRATION; TO AMEND SECTION 22-2-130, AS AMENDED, RELATING TO THE PENALTY FOR FAILURE TO APPEAR FOR JURY SERVICE IN MAGISTRATES COURT AND THE FREQUENCY OF JURY SERVICE SO AS TO PROVIDE THAT A PERSON SHALL NOT SERVE ON A JURY MORE THAN ONCE EVERY CALENDAR YEAR RATHER THAN ONCE EVERY THREE MONTHS; TO AMEND SECTION 34-11-90, AS AMENDED, RELATING TO JURISDICTION OVER OFFENSES CONCERNING FRAUDULENT CHECKS, SO AS TO CLARIFY THAT THE IMPRISONMENT AND FINE WHICH MAY BE IMPOSED BY A MAGISTRATE FOR A SECOND OR SUBSEQUENT CONVICTION, IF THE AMOUNT OF THE CHECK IS MORE THAN FIVE HUNDRED DOLLARS BUT LESS THAN ONE THOUSAND DOLLARS, IS NOT MORE THAN THIRTY DAYS AND NOT MORE THAN FIVE HUNDRED DOLLARS, AND TO CLARIFY THAT THE IMPRISONMENT WHICH MAY BE IMPOSED FOR A SECOND OR SUBSEQUENT CONVICTION, IF THE AMOUNT OF THE CHECK IS FIVE HUNDRED DOLLARS OR LESS, IS NOT MORE THAN THIRTY DAYS; AND TO AMEND SECTION 22-1-15, AS AMENDED, TO MAKE A TECHNICAL CHANGE.

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

Furnish computer tape yearly

SECTION 1. Section 14-7-130 of the 1976 Code, as last amended by Act 467 of 1996, is further amended to read:

"Section 14-7-130. In September of each year, the Department of Public Safety shall furnish the State Election Commission a computer tape of the name, address, date of birth, social security number, sex, and race of persons who are over the age of eighteen years and citizens of the United States residing in each county who hold a valid South Carolina driver's license or an identification card issued pursuant to Section 57-3-910. The computer tape also must include persons who have obtained a valid South Carolina driver's license or identification card during the previous year, and exclude persons whose driver's license or identification card has not been renewed or has been invalidated by judicial or administrative action. In October of each year, the State Election Commission shall furnish a jury list to county jury commissioners consisting of a tape or list derived by merging the list of registered voters in the county with county residents appearing on the tape furnished by the department, but only those licensed drivers and identification cardholders who are eligible to register to vote may be included in the list. Before furnishing the list, the commission must make every effort to eliminate duplicate names and names of persons disqualified from registering to vote or voting pursuant to the laws and Constitution of this State. As furnished to the jury commissioners by the State Election Commission, the list or tape constitutes the roll of eligible jurors in the county. Expenses of the Department of Public Safety and State Election Commission in implementing this section must be borne by these agencies."

Jury pool includes persons who attend session of court

SECTION 2. Section 14-7-250 of the 1976 Code, as last amended by Act 233 of 1996, is further amended to read:

"Section 14-7-250. The names of those who are drawn and attend a session of court as a member of a jury pool must be placed in an envelope and must not be put back into the jury box until the first revision of the jury list provided for after they have been so drawn, to the end that no person is required to serve as a juror more than once in three calendar years. Nothing contained in this article may be construed to be in conflict with the provisions of the law as to selecting by lot from the grand jury six members to serve for the ensuing year.

Nothing contained in this article prohibits a person whose name has been properly drawn and who desires to serve as a juror from serving more frequently than once every three calendar years, except that no person shall serve as a juror more than once every calendar year as provided in Section 14-7-850."

Exemption clarified

SECTION 3. Section 14-7-850 of the 1976 Code, as last amended by Act 233 of 1996, is further amended to read:

"Section 14-7-850. No person is liable to be drawn and serve as a juror in any court more often than once every three calendar years and no person shall serve as a juror more than once every calendar year, but he is not exempt from serving on a jury in any other court in consequence of his having served before a magistrate."

Procedure for drawing jurors from larger list of names in municipal court

SECTION 4. Section 14-25-165(a) and (b) of the 1976 Code are amended to read:

"(a)(1) The drawing and composing of juries for single trials or terms of court must be conducted, mutatis mutandis, according to the statutes relating to the drawing and composing of juries in magistrates courts, except as otherwise specifically provided by this chapter.

(2) A person appointed by the municipal judge who is not connected with the trial of the case for either party shall draw out of Compartment 'A' of the jury box thirty names, and the list of names so drawn must be delivered to each party or to the attorney for each party.

(3) If a court has experienced difficulty in drawing a sufficient number of jurors from the qualified electors of the area, and, prior to implementing a process pursuant to this item, seeks and receives the approval of South Carolina Court Administration, the person selected by the presiding municipal judge may draw not less than thirty, but not more than a number determined sufficient by court administration for the jury list, and shall deliver this list to each party or the attorney for each party.

(b)(1) In addition to the procedure for drawing a jury list as provided for in subsection (a), in those courts which schedule terms for jury trials, the judge may select a jury list in the manner provided by this subsection.

(2) Not less than ten nor more than twenty days before a scheduled term of jury trials, a person selected by the presiding judge shall draw at least forty jurors to serve one week only.

(3) If a court has experienced difficulty in drawing a sufficient number of jurors from the qualified electors of the area, and, prior to implementing a process pursuant to this item, seeks and receives the approval of South Carolina Court Administration, the person selected by the presiding municipal judge may draw not less than forty, but not more than a number determined sufficient by court administration to serve one week only.

(4) Immediately after the jurors are drawn, the judge shall issue his writ of venire facias for the jurors requiring their attendance on the first day of the week for which they have been drawn. This writ must be delivered to the chief of police or may be served by regular mail by the clerk of court."

Procedure for drawing jurors from larger list of names in magistrates court

SECTION 5. Section 22-2-80 of the 1976 Code is amended to read:

"Section 22-2-80. (A) In all cases except as provided in Section 22-2-90 in a magistrates court in which a jury is required, a jury list must be selected in the following manner:

A person appointed by the magistrate who is not connected with the trial of the case for either party shall draw out of Compartment 'A' of the jury box thirty names, and this list of names must be delivered to each party or to the attorney for each party.

(B) If a court has experienced difficulty in drawing a sufficient number of jurors from the qualified electors of the area, and, prior to implementing a process pursuant to this subsection, seeks and receives the approval of South Carolina Court Administration, the person selected by the presiding magistrate may draw not less than thirty, but not more than a number determined sufficient by court administration for the jury list, and shall deliver this list to each party or the attorney for each party."

Procedure for drawing jurors from larger list of names in magistrates court

SECTION 6. Section 22-2-90 of the 1976 Code is amended to read:

"Section 22-2-90. (A) In addition to the procedure for drawing a jury list as provided for in Section 22-2-80, in a magistrates court which schedules terms for jury trials, the magistrate may select a jury list in the manner provided by this section.

(B) Not less than ten nor more than twenty days before a scheduled term of jury trials, a person selected by the presiding magistrate shall draw forty jurors to serve one week only.

(C) If a court has experienced difficulty in drawing a sufficient number of jurors from the qualified electors of the area, and, prior to implementing a process pursuant to this subsection, seeks and receives the approval of South Carolina Court Administration, the person selected by the presiding magistrate may draw not less than forty, but not more than a number determined sufficient by court administration to serve one week only.

(D) Immediately after the jurors are drawn, the magistrate shall issue his writ of venire facias for the jurors requiring their attendance on the first day of the week for which they have been drawn. This writ must be delivered to the magistrates constable or the sheriff of the county concerned."

Limitation on service in magistrates court of once every calendar year

SECTION 7. Section 22-2-130 of the 1976 Code, as last amended by Act 64 of 1997, is further amended to read:

"Section 22-2-130. If a juror duly summoned neglects or refuses to appear in obedience to a venire issued by a magistrates court and does not render within forty-eight hours to the summoning magistrate a sufficient reason for his delinquency, he must pay a civil penalty not exceeding one hundred dollars. A failure to pay the civil penalty assessed is a contempt of court and may be punished accordingly. A person shall not serve on a jury in a magistrates court more than once every calendar year."

Penalties for subsequent convictions clarified

SECTION 8. Section 34-11-90(a)(3) and (4) of the 1976 Code, as last amended by an act of 2000, bearing ratification number 225, is further amended to read:

"(3) for a second or subsequent conviction, if the amount of the instrument is five hundred dollars or less, by a fine of two hundred dollars or by imprisonment for not more than thirty days;

(4) for a second or subsequent conviction, if the amount of the instrument is more than five hundred dollars but not greater than one thousand dollars, by a fine of not more than five hundred dollars or by imprisonment for not more than thirty days, or both."

Education requirements not applicable to magistrate serving on June 30, 2001, during tenure

SECTION 9. Section 22-1-15(B) of the 1976 Code, as last amended by an act of 2000, bearing ratification number 225, is further amended to read:

"(B) The provisions of Section 22-1-10(B)(2)(a) and (b) do not apply to a magistrate serving on June 30, 2001, during his tenure in office."

Time effective

SECTION 10. This act takes effect upon approval by the Governor.

Ratified the 26th day of April, 2000.

Approved the 1st day of May, 2000.