H 4487 Session 111 (1995-1996)
H 4487 General Bill, By W.J. Young, Bailey, J.L. Harris, Harrison, H.G. Hutson,
Kelley, M.H. Kinon, L.M. Martin, J.T. McElveen, P.H. Thomas and S.S. Wofford
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
14-7-815 so as to provide that the Supreme Court by rule, with the assistance
of the office of Court Administration, shall develop a juror qualification
form which shall be mailed or delivered by the clerk of court or other court
official to each prospective juror along with his summons for jury duty, to
require the prospective juror to fill out the juror qualification form and
state any known disqualification thereon, and to provide the procedures
whereby the names of jurors stating a disqualification shall be deleted from
the list of jurors for a particular term of court; and to amend Section
14-7-810, relating to disqualification for jury service, so as to require a
person called to jury service to state any disqualifications on his juror
qualification form.
01/24/96 House Introduced and read first time HJ-11
01/24/96 House Referred to Committee on Judiciary HJ-11
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING SECTION 14-7-815 SO AS TO PROVIDE
THAT THE SUPREME COURT BY RULE, WITH THE
ASSISTANCE OF THE OFFICE OF COURT
ADMINISTRATION, SHALL DEVELOP A JUROR
QUALIFICATION FORM WHICH SHALL BE MAILED OR
DELIVERED BY THE CLERK OF COURT OR OTHER COURT
OFFICIAL TO EACH PROSPECTIVE JUROR ALONG WITH
HIS SUMMONS FOR JURY DUTY, TO REQUIRE THE
PROSPECTIVE JUROR TO FILL OUT THE JUROR
QUALIFICATION FORM AND STATE ANY KNOWN
DISQUALIFICATIONS THEREON, AND TO PROVIDE THE
PROCEDURES WHEREBY THE NAMES OF JURORS STATING
A DISQUALIFICATION SHALL BE DELETED FROM THE
LIST OF JURORS FOR A PARTICULAR TERM OF COURT;
AND TO AMEND SECTION 14-7-810, RELATING TO
DISQUALIFICATIONS FOR JURY SERVICE, SO AS TO
REQUIRE A PERSON CALLED TO JURY SERVICE TO STATE
ANY DISQUALIFICATIONS ON HIS JUROR QUALIFICATION
FORM.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 14-7-815. (A)(1) The Supreme Court by rule,
with the assistance of the Office of Court Administration, shall
develop a juror qualification form which shall be mailed or
delivered by the clerk of court or other court official to each
prospective juror in the courts of this State along with his summons
for jury duty. The juror qualification form shall be accompanied by
instructions to fill out and return the form by mail or delivery to the
clerk or summoning official within ten days after its receipt. The
purpose of the form is to determine the juror's eligibility to serve.
(2) The juror qualification form shall contain the prospective
juror's signed declaration that his responses are true to the best of
his knowledge and his acknowledgment that a wilful
misrepresentation of a material fact may be punished as a contempt
of the summoning court. Notarization of the juror qualification
form shall not be required.
(3) If the prospective juror is unable to fill out the form,
another person may do it for him and shall indicate that he has
done so and the reason therefor.
(4) Any prospective juror who fails to return a properly
completed juror qualification form within the time required and as
instructed may be directed by the court to appear forthwith to fill
out a juror qualification form. At the time of his appearance, the
prospective juror may be questioned by the court in regard to his
responses to questions contained on the form and grounds for his
disqualification. Any information thus acquired shall be noted on
the juror qualification form.
(5) A prospective juror who fails to appear as directed by the
court pursuant to item (4) of this subsection shall be ordered to
appear and show cause for his failure to appear as directed. If the
prospective juror fails to appear pursuant to the court's order or
fails to show good cause for his failure to appear as directed by the
court, he may be punished for contempt.
(6) No person shall wilfully misrepresent a material fact on a
juror qualification form.
(7) The contents of juror qualification forms shall be made
available to parties or their attorneys of record unless the court
determines in any instance in the interest of justice that this
information should be kept confidential or its use limited in whole
or in part.
(B)(1) The presiding judge of the summoning court shall
determine on the basis of the information provided on the juror
qualification form whether the prospective juror is disqualified for
jury service for any of the reasons listed in item (2) of this
subsection. He shall enter this determination in the space provided
on the juror qualification form and in an appropriate space on the
list of names of jurors summoned for jury duty for that term of
court. The presiding judge shall cause disqualified jurors to be
immediately notified of their disqualification and they shall not be
required to appear in court. In the event the judge cannot
determine if a juror should be disqualified, the judge shall require
the prospective juror to appear in court at the appropriate time with
the other summoned jurors for the purpose of making a final
determination.
(2) A prospective juror is disqualified to serve on a jury if
he:
(a) is under eighteen years of age;
(b) is not a citizen of the United States;
(c) is disqualified for one of the reasons enumerated in
Section 14-7-810;
(d) is disqualified for other reasons provided by law.
(3) There shall be no waiver of these disqualifications.
(C) The provisions of this section do not apply to any person
who is eligible to be excused from jury service as provided by law
and such excusals shall continue to be granted in the manner
provided by law."
SECTION 2. Section 14-7-810 of the 1976 Code is amended to
read:
"Section 14-7-810. In addition to any other provision of
law, no person is qualified to serve as a juror in any court in this
State if:
(1) He has been convicted in a state or federal court of record
of a crime punishable by imprisonment for more than one year and
his civil rights have not been restored by pardon or amnesty.
(2) He is unable to read, write, speak, or understand the
English language.
(3) He is incapable by reason of mental or physical infirmities
to render efficient jury service. Legal blindness does not disqualify
an otherwise qualified juror.
(4) He has less than a sixth grade education or its equivalent.
Any person called to jury service who knows or has good reason
to suspect that he is disqualified under this section, upon
questioning by the trial judge, hearing officer, or clerk of court,
must state the disqualifying facts or the reasons for his suspicions
on his juror qualification form and any failure to do so is
punishable as contempt of court. The trial judge must make the
final determination of the qualifications of a juror as set out in this
section and his decision must not be disturbed on appeal."
SECTION 3. This act takes effect on January 1, 1997.
-----XX----- |