S*246 Session 108 (1989-1990)
S*0246(Rat #0040, Act #0203 of 1989) Joint Resolution, By Senate Judiciary
A Joint Resolution proposing an amendment to Section 22, Article V of the
Constitution of South Carolina, 1895 relating to grand juries, petit juries,
and the state grand jury, and to Section 11, Article I of the Constitution,
relating to indictments by county grand juries and the state grand jury, so as
to restrict the jurisdiction of the state grand jury to crimes involving
narcotics, dangerous drugs, or controlled substances and crimes involving
obscenity or any attempt, solicitation, or conspiracy to commit any of these
crimes if the crimes are of a multi-county nature or have transpired, are
transpiring, or have significance in more than one county of this State.
01/24/89 Senate Introduced, read first time, placed on calendar
without reference SJ-10
01/25/89 Senate Read second time SJ-13
01/25/89 Senate Ordered to third reading with notice of
amendments SJ-13
02/02/89 Senate Read third time and sent to House SJ-17
02/07/89 House Introduced and read first time HJ-16
02/07/89 House Referred to Committee on Judiciary HJ-16
03/08/89 House Committee report: Favorable Judiciary HJ-5
03/16/89 House Read second time HJ-26
03/21/89 House Read third time and enrolled HJ-19
03/28/89 Ratified R 40
03/28/89 No signature required
03/28/89 Act No. 203
03/28/89 Copies available
(A203, R40, S246)
A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 22, ARTICLE V OF THE
CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO GRAND JURIES, PETIT JURIES, AND
THE STATE GRAND JURY, AND TO SECTION 11, ARTICLE I OF THE CONSTITUTION, RELATING
TO INDICTMENTS BY COUNTY GRAND JURIES AND THE STATE GRAND JURY, SO AS TO RESTRICT
THE JURISDICTION OF THE STATE GRAND JURY TO CRIMES INVOLVING NARCOTICS, DANGEROUS
DRUGS, OR CONTROLLED SUBSTANCES AND CRIMES INVOLVING OBSCENITY OR ANY ATTEMPT,
SOLICITATION, OR CONSPIRACY TO COMMIT ANY OF THESE CRIMES IF THE CRIMES ARE OF
A MULTI-COUNTY NATURE OR HAVE TRANSPIRED, ARE TRANSPIRING, OR HAVE SIGNIFICANCE
IN MORE THAN ONE COUNTY OF THIS STATE.
Be it enacted by the General Assembly of the State of South Carolina:
Jurisdiction of state grand jury proposed
SECTION 1. It is proposed that Section 22 of Article V of the Constitution of
this State be amended to read:
"Section 22. The petit jury of the Circuit Court shall consist of twelve
members and the number of jurors of other courts must be determined by law. All
jurors in any trial court must agree to a verdict in order to render the same.
The grand jury of each county, and the state grand jury, as the General Assembly
may establish by general law, shall consist of eighteen members, twelve of whom
must agree in a matter before it can be submitted to the court. The jurisdiction
of the state grand jury is restricted to crimes involving narcotics, dangerous
drugs, or controlled substances and crimes involving obscenity or any attempt,
solicitation, or conspiracy to commit any of these crimes if the crimes are of
a multi-county nature or have transpired, are transpiring, or have significance
in more than one county of this State. Each juror must be a resident of this
State and have such other qualifications as the General Assembly may
prescribe."
Ballot Question
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:
"Shall Section 22 of Article V of the Constitution of this State be
amended so as to restrict the jurisdiction of the state grand jury to crimes
involving narcotics, dangerous drugs, or controlled substances and crimes
involving obscenity or any attempt, solicitation, or conspiracy to commit any of
these crimes if the crimes are of a multi-county nature or have transpired, are
transpiring, or have significance in more than one county of this State?
Yes / /
No / /
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'."
Jurisdiction of state grand jury proposed
SECTION 3. It is proposed that Section 11 of Article I of the Constitution of
this State be amended to read:
"Section 11. No person may be held to answer for any crime the
jurisdiction over which is not within the magistrate's court, unless on a
presentment or indictment of a grand jury of the county where the crime has been
committed, except in cases arising in the land or naval forces or in the militia
when in actual service in time of war or public danger. The General Assembly may
provide for the waiver of an indictment by the accused. Nothing contained in
this Constitution is deemed to limit or prohibit the establishment by the General
Assembly of a state grand jury with that jurisdiction as provided in Section 22
of Article V with the authority to return indictments irrespective of the county
where the crime has been committed and that other authority, including procedure,
as the General Assembly may provide."
Ballot question
SECTION 4. 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:
"Shall Section 11 of Article I of the Constitution of this State be
amended so as to provide that the jurisdiction of the state grand jury must be
as provided in Section 22 of Article V of the Constitution of this State?
Yes / /
No / /
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'." |