S*1095 Session 112 (1997-1998)
S*1095(Rat #0362, Act #0373 of 1998) General Bill, By Senate Judiciary
Similar(S 1033, S 1038, S 1077, H 4456)
A BILL TO AMEND ARTICLE 13, CHAPTER 7 OF TITLE 14, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO GRAND JURIES, SO AS TO REVISE THE PROVISIONS OF
THE ARTICLE TO CLARIFY LANGUAGE CONCERNING THE DRAWING OF GRAND JURORS, TO
DELETE CERTAIN OBSOLETE PROVISIONS, TO PROVIDE THAT THE NUMBER OF GRAND JURORS
TO BE DRAWN BY THE JURY COMMISSIONERS MUST BE A NUMBER WHICH THE CLERK OF
COURT OR CHIEF ADMINISTRATIVE JUDGE FOR THE CIRCUIT HAS DETERMINED TO BE
SUFFICIENT IN ORDER TO IMPANEL A GRAND JURY, AND 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 OF THIS
STATE FOR A PERIOD OF FIVE CALENDAR YEARS; AND TO AMEND CHAPTER 7 OF TITLE 14,
RELATING TO JURIES AND JURORS IN CIRCUIT COURT, BY ADDING ARTICLE 17, 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 METHOD, AND TO
PROVIDE THAT A PERSON COMPLETING HIS SERVICE AS A GRAND JUROR UNDER THIS
ALTERNATIVE METHOD, 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 FIVE
CALENDAR YEARS.
03/04/98 Senate Introduced, read first time, placed on calendar
without reference SJ-5
03/05/98 Senate Read second time SJ-10
03/11/98 Senate Amended SJ-14
03/11/98 Senate Read third time and sent to House SJ-14
03/12/98 House Introduced and read first time HJ-13
03/12/98 House Referred to Committee on Judiciary HJ-14
04/08/98 House Committee report: Favorable Judiciary HJ-6
04/14/98 House Read second time HJ-29
04/15/98 House Read third time and enrolled HJ-17
05/21/98 Ratified R 362
05/26/98 Signed By Governor
05/26/98 Effective date 05/26/98
06/23/98 Copies available
06/30/98 Act No. 373
(A373, R362, S1095)
AN ACT TO AMEND ARTICLE 13, CHAPTER 7 OF TITLE 14,
CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
GRAND JURIES, SO AS TO REVISE THE PROVISIONS OF THE
ARTICLE TO CLARIFY LANGUAGE CONCERNING THE
DRAWING OF GRAND JURORS, TO DELETE CERTAIN
OBSOLETE PROVISIONS, TO PROVIDE THAT THE NUMBER OF
GRAND JURORS TO BE DRAWN BY THE JURY COMMISSIONERS
MUST BE A NUMBER WHICH THE CLERK OF COURT OR CHIEF
ADMINISTRATIVE JUDGE FOR THE CIRCUIT HAS DETERMINED
TO BE SUFFICIENT IN ORDER TO IMPANEL A GRAND JURY,
AND 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 OF THIS STATE FOR A PERIOD
OF FIVE CALENDAR YEARS; AND TO AMEND CHAPTER 7 OF
TITLE 14, RELATING TO JURIES AND JURORS IN CIRCUIT
COURT, BY ADDING ARTICLE 17 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
METHOD, AND TO PROVIDE THAT A PERSON COMPLETING HIS
SERVICE AS A GRAND JUROR UNDER THIS ALTERNATIVE
METHOD, 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 FIVE CALENDAR
YEARS.
Be it enacted by the General Assembly of the State of South Carolina:
Selecting, impaneling, and service provisions revised
SECTION 1. Article 13, Chapter 7 of Title 14 of the 1976 Code is
amended to read:
Article 13
Grand Juries
Section 14-7-1510. (A) During the last term of the court of general
sessions held in each county for any year, the clerk of court shall
randomly draw from the twelve members serving their first year on the
grand jury the names of six of the grand jurors who, together with twelve
grand jurors selected in the manner prescribed in this article, shall
constitute the grand jury for the succeeding year. The drawing of these
names by the clerk of court has the same force and effect as if the names
of the six grand jurors had been drawn in the presence of the presiding
judge.
(B) No person shall serve as a grand juror for more than two
consecutive years.
(C) A person completing 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 of this State for a period of five
calendar years.
Section 14-7-1520. Not less than fifteen days before the convening
of the first term of the court of general sessions for the calendar year, the
jury commissioners shall proceed to draw from the jury box the number
of grand jurors which the clerk of court or chief administrative judge for
the circuit has determined to be sufficient in order to impanel a grand jury.
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 court
shall issue writs of venire facias for these grand jurors, requiring their
attendance on the first day of the first week of criminal court in the county
or at such other time as the clerk of court may designate. These writs of
venire facias must be delivered immediately to the sheriff of the county
or otherwise served as provided by law.
Section 14-7-1530. On the first day of the term of court, the presiding
judge shall ascertain the qualifications of those jurors who have appeared
pursuant to the writs 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 by the presiding judge for excusing or disqualifying the jurors. The
sheriff of the county also shall 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 writs of venire
facias and the reasons service was not effected.
Section 14-7-1540. 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
14-7-1510(A). The clerk of court shall randomly draw three or more
additional jurors, with those three or more 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 14-7-1550. The foreman of the grand jury or acting foreman
in the circuit courts of any county of the State may swear the witnesses
whose names shall appear on the bill of indictment in the grand jury room.
No witnesses shall be sworn except those who have been bound over or
subpoenaed in the manner provided by law. In order to obtain attendance
of any witness, the grand jury may proceed as provided by the South
Carolina Rules of Civil Procedure and Sections 19-9-10 through
19-9-130.
Section 14-7-1560. Grand juries may, whenever in their judgment it
becomes necessary, employ one or more expert accountants to aid them
to examine and investigate the offices, books, papers, vouchers, and
accounts of any public officer of their respective counties and to fix the
amount of compensation or per diem to be paid therefor, upon the
approval of the presiding or circuit judge given before any expert is
employed.
Alternative method
SECTION 2. Chapter 7 of Title 14 of the 1976 Code is amended by
adding:
"Article 17
Alternative Method of Selecting and
Impaneling Grand Juries
Section 14-7-1910. (A) Grand jurors shall serve terms of six months
and may be held over for one additional six-month term.
(B) During the last term of the court of general sessions held in each
county before December thirty-first of each year, the clerk of court shall
randomly draw from the twelve members serving their first six-month
term on the grand jury the names of six of the grand jurors who have not
served two consecutive six-month terms. Those six members together
with twelve grand jurors selected in the manner prescribed in this article
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.
(C) During the last term of the court of general sessions held in each
county before July first of each year, the clerk of court shall randomly
draw from the twelve members serving their first six-month term on the
grand jury the names of six of the grand jurors who have not served two
consecutive six-month terms. Those six members together with twelve
grand jurors selected in the manner prescribed in this article shall
constitute the grand jury for the ensuing period beginning on July first and
ending on December thirty-first of that year.
(D) The drawing of these names by the clerk of court has the same
force and effect as if the names of the six grand jurors had been drawn in
the presence of the presiding judge.
(E) No person shall serve as a grand juror for more than two
consecutive six-month terms.
Section 14-7-1920. 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 the number of grand jurors which the clerk of court or
chief administrative judge for the circuit has determined to be sufficient
in order to impanel a grand jury. 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 court shall issue writs of venire facias
forthese grand jurors, requiring their attendance on the first day of the first
week of criminal court in the county on or after January first or July first
of each year or at such other time as the clerk of court may designate.
These writs of venire facias must be delivered immediately to the sheriff
of the county or otherwise served as provided by law.
Section 14-7-1930. 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 writs 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 by the
presiding judge for excusing or disqualifying the jurors. The sheriff of the
county also shall 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 writs of venire facias and the reasons
service was not effected.
Section 14-7-1940. 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
14-7-1910. The clerk of court shall randomly draw three or more
additional jurors, with those three or more 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 14-7-1950. 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 14-7-1960. 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 14-7-1970. A person completing 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 five calendar years."
Time effective
SECTION 3. This act takes effect upon approval by the Governor.
Approved the 26th day of May, 1998. |