H*2259 Session 106 (1985-1986)
H*2259(Rat #0359, Act #0340 of 1986) General Bill, By T. Ferguson, Kirsh and
E.C. Lewis
Similar(S 173)
A Bill to amend Articles 3, 7, 9, and 13, Chapter 7 of Title 14, Code of Laws
of South Carolina, 1976, relating to juries and certain jury procedures, so as
to revise the selection process for jurors of the petit and grand juries, and
to repeal Article 5, Chapter 7 of Title 14, relating to the alternative method
of drawing and summoning jurors in the circuit court, and to repeal Act 208 of
1977, relating to jury pools when concurrent terms of circuit court are
scheduled.
01/29/85 House Introduced and read first time HJ-423
01/29/85 House Referred to Committee on Judiciary HJ-423
03/12/85 House Committee report: Favorable with amendment
Judiciary HJ-1206
03/14/85 House Objection by Rep. Tucker HJ-1334
03/14/85 House Amended HJ-1334
03/14/85 House Read second time HJ-1335
03/15/85 House Read third time and sent to Senate HJ-1371
03/19/85 Senate Introduced and read first time SJ-907
03/19/85 Senate Referred to Committee on Judiciary SJ-908
03/21/85 Senate Recalled from Committee on Judiciary SJ-985
04/17/85 Senate Amended SJ-1565
05/09/85 Senate Special order SJ-2019
06/04/85 Senate Read second time SJ-2798
06/04/85 Senate Ordered to third reading with notice of
amendments SJ-2798
01/15/86 Senate Debate interrupted SJ-112
01/16/86 Senate Amended SJ-123
01/16/86 Senate Read third time SJ-136
01/16/86 Senate Returned SJ-136
01/16/86 Senate Reconsidered SJ-136
01/21/86 Senate Amended SJ-178
01/21/86 Senate Read third time SJ-179
01/21/86 Senate Returned SJ-179
01/22/86 House Senate amendment amended HJ-219
01/22/86 House Returned HJ-220
01/23/86 Senate Non-concurrence in House amendment SJ-227
01/23/86 House House insists upon amendment and conference
committee appointed Reps. Sheheen, Ferguson &
Thrailkill HJ-277
01/28/86 Senate Conference committee appointed Sens. Setzler,
Hayes, and McLeod SJ-259
02/25/86 House Conference report received HJ-915
02/25/86 House Conference report adopted HJ-916
02/25/86 Senate Conference report received SJ-716
02/25/86 Senate Conference report adopted SJ-716
02/25/86 Senate Ordered enrolled for ratification SJ-716
03/04/86 Ratified R 359
03/10/86 Signed By Governor
03/10/86 Effective date 03/10/86
03/10/86 Act No. 340
03/18/86 Copies available
(A340, R359, H2259)
AN ACT TO AMEND ARTICLES 3, 7, 9, AND 13, CHAPTER 7 OF TITLE 14, CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO JURIES AND CERTAIN JURY PROCEDURES, SO AS
TO REVISE THE SELECTION PROCESS FOR JURORS OF THE PETIT AND GRAND JURIES, AND TO
REPEAL ARTICLE 5, CHAPTER 7 OF TITLE 14, RELATING TO THE ALTERNATIVE METHOD OF
DRAWING AND SUMMONING JURORS IN THE CIRCUIT COURT, AND TO REPEAL ACT 208 OF 1977,
RELATING TO JURY POOLS WHEN CONCURRENT TERMS OF CIRCUIT COURT ARE SCHEDULED.
Be it enacted by the General Assembly of the State of South Carolina:
Drawing and summoning jurors
SECTION 1. Article 3, Chapter 7, Title 14 of the 1976 Code, as amended, is
further amended to read:
"Article 3
Drawing and Summoning Jurors
Section 14-7-110. The county auditor, the county treasurer, and the clerk of
the court of common pleas of each county in this State shall perform the duties
set forth and are known as jury commissioners.
Section 14-7-120. If there is a vacancy in the office of the clerk of court
of common pleas, county auditor, or county treasurer at the time fixed for
preparing the jury list or for drawing a jury or if any of these officers are
disqualified or unable to serve for any reason, the county judge of probate shall
act in his place and stead and if there is a vacancy in two of these offices or
for any other reason two of these officers are unable to serve, the county judge
of probate and the sheriff of the county shall act in their places and stead.
If from among the officers above named there are not three persons in office
qualified and able to serve, the resident circuit judge or the presiding judge
shall appoint a commissioner or commissioners to serve in the place of the
commissioner or commissioners as may be disqualified during the time of his or
their disqualification. Each of the substitute commissioners shall receive the
same per diem and mileage as is paid jurors.
Section 14-7-130. The jury commissioners of each county shall, in the month
of December of each calendar year, commencing in the year 1986, obtain from the
South Carolina Election Commission the latest official list of registered voters
in the county. The jury commissioners shall promptly cause each name in the list
to be numbered consecutively, beginning with the number 'one' for the first name
on the list and continuing consecutively through the last name on the list, so
that each name on the list is numbered. The jury commissioners may not exclude,
remove, or disqualify any person whose name appears on the list and each name
must be numbered as provided. The jury commissioners shall then fold and place
the list in the jury box. The list thereafter is designated as the 'jury list'.
Section 14-7-140. In lieu of the manner herein required by this chapter, the
jury commissioners of a county, when drawing and summoning jurors for the court
of common pleas or general sessions, may at the discretion of the governing body
of the county utilize a computer for this purpose in the manner the Supreme Court
by order shall direct.
Section 14-7-150. The jury box of a county shall contain the same number of
capsules or containers as there are names on the jury list prepared by the jury
commissioners from the latest official list furnished to the county by the State
Election Commission each year and provided to the clerk of court of each county
not later than December first of the calendar year. The capsules or containers
must be small, opaque, and as similar in size, shape, and color as possible at
the time of original purchase or the repurchase of additional capsules. By a
slip of paper placed therein, each capsule or container must be numbered,
beginning with number 'one' and continuing consecutively through the number of
qualified electors on the jury list prepared by the jury commissioners as
hereinbefore provided. All these papers must be of similar kind, color, and
weight so as to resemble each other as much as possible without distinguishing
marks. The capsules or containers so prepared must be placed in the jury box
constructed as required by law.
Section 14-7-160. At the time provided by law for the drawing of jurors, the
jury commissioners shall randomly withdraw from the jury box one capsule or
container for each juror required by law to be drawn. The jury commissioners
shall then open each capsule or container drawn and ascertain the number
contained therein. The names of the jurors drawn must be taken from the jury
list by the numbers thereon corresponding to the numbers drawn from the capsules
or containers. The jury commissioners may not excuse or disqualify any juror
selected. Immediately after the jurors are drawn, the clerk of court shall issue
his writ and process as now required by law for the jurors whose numbers were
drawn. Any juror drawn for a term of court must be notified of the time and
place he is to appear for jury duty at least fifteen days before he is to appear
and serve as a juror. If the trial judge determines that additional jurors are
immediately necessary for the conduct of the court he may waive the fifteen-day
notice.
Section 14-7-170. When the jury commissioners in a county in this State shall
omit to prepare the list of jurors for the then ensuing year or to prepare the
ballots of the names and place them in the boxes at the time and in the manner
required in this article, the Chief Justice, any associate justice of the Supreme
Court, or any circuit judge shall grant an order on the application of any
solicitor or attorney at law showing this omission by affidavit, which may be on
information and belief, requiring the jury commissioners in question, within ten
days after the order, to prepare these lists and ballots of names and to prepare
the jury boxes (nunc pro tunc) and all juries drawn from these boxes are as
valid and lawful as if the omission had not occurred.
Section 14-7-180. The clerk of the court shall keep the jury box in his
custody. The jury box must be kept securely locked with three separate and
strong locks, each lock being different and distinct from the other two and
requiring one key peculiar to itself in order to be unlocked. The key to one of
these three locks must be kept by the county auditor himself, the key to another
of these three locks must be kept by the county treasurer himself, and the key
to the third of these three locks must be kept by the clerk of the court of
common pleas himself, so that no two of them shall keep a similar key or similar
keys to the same lock and so that all three of them must be present together at
the same time and place in order to lock or unlock and open the jury box.
Section 14-7-190. Not less than ten days nor more than thirty-five days before
the first day of any week in which more than one term of court requiring juries
is scheduled in a county, the jury commissioners shall draw a number of petit
jurors to serve as a jury pool, from which the courts shall draw panels of jurors
as needed according to the following schedule:
(1) When two concurrent terms of court are scheduled, the commissioners shall
draw ninety percent of the number of jurors which they would otherwise draw;
(2) When three concurrent terms of court are scheduled, the commissioners
shall draw eighty percent of the number of jurors which they would otherwise
draw;
(3) When four concurrent terms of court are scheduled, the commissioners shall
draw seventy percent of the number of jurors which they would otherwise draw; or
(4) When five or more concurrent terms of court are scheduled, the
commissioners shall draw fifty percent of the number of jurors which they would
otherwise draw.
The jury commissioners shall not exclude or disqualify any juror drawn.
Section 14-7-200. Not less than ten nor more than thirty-five days before the
first day of each week of any regular or special term of the circuit court the
jury commissioners shall proceed to draw seventy-five petit jurors to serve for
that week only. The jury commissioners shall randomly select the seventy-five
jurors and shall not excuse or disqualify any juror who has been selected.
Immediately after the petit jurors are drawn, the clerk of the court of common
pleas shall issue his writ of venire facias for the petit jurors, requiring their
attendance on the first day of the week for which they have been drawn and this
writ of venire facias must be immediately delivered to the sheriff of the county.
Section 14-7-210. Whenever a jury is charged with a case, it must not be
discharged by reason of anything in Section 14-7-200 contained until a verdict
is found or a mistrial ordered in such case.
Section 14-7-220. The drawings must be made openly and publicly in the office
of the clerk of court of common pleas and the jury commissioners shall give ten
days' notice of the place, day, and hour of each of the drawings by posting in
a conspicuous place on the courthouse door or by advertisement in a county
newspaper.
Section 14-7-230. When provision is made by law or by rule of court for a
child under ten years of age to draw the names of the jurors for the purpose of
impaneling a jury, either a person who is totally blind or a child under the age
of ten years may draw the names of the jurors whenever the court may so direct
with the same force and effect as a child under ten years of age.
If a child under ten years of age or a totally blind person is not present in
the courtroom, the clerk of court, with the approval of the presiding judge, may
designate a responsible and impartial person to draw the names of the jurors.
Section 14-7-240. All jurors must be selected by drawing ballots from the jury
box and, subject to the exceptions herein contained, the persons whose names are
on the ballots so drawn must be returned to serve as jurors.
Section 14-7-250. The names of those who are drawn and actually serve as
jurors 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 shall serve as a juror more than once in two
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.
Section 14-7-260. Except as otherwise expressly provided, no more than
seventy-five persons to serve as petit jurors may be drawn and summoned to attend
at one and the same time at any court, unless the court shall so order.
Section 14-7-270. Whenever the jury list of any county is destroyed by fire
or other casualty or it is held by any court of competent jurisdiction that the
jury list has been unlawfully prepared or is irregular or illegal, so as to
render void the drawing of jurors therefrom, the jury commissioners shall prepare
a special jury list for the county immediately in the manner herein prescribed
from which special list grand and petit jurors are drawn for the courts of
general sessions and common pleas for the county until the annual jury list has
been prepared for the county as provided.
Section 14-7-280. When at any time it is determined by the circuit judge of
any circuit, upon complaint made to him, that an irregularity has occurred in the
drawing of the juries for any court within his circuit or that any act has been
done whereby the validity of any jury drawn or to be drawn may be questioned, the
circuit judge may issue his order to the jury commissioners for each county for
which the court is to be held, at least five days before the sitting thereof, to
proceed to draw jurors for the term or take measures as may be necessary to
correct the error.
Section 14-7-290. Whenever at any term of the circuit court the array of grand
and petit jurors summoned to attend is held to have been irregularly or illegally
drawn or summoned, the presiding judge shall immediately order, in either case,
that the jury commissioners of the county shall immediately prepare a special
list and, in open court, draw a special venire of grand or petit jurors or draw
a special jury from the last list prepared according to law. Any special grand
or petit jury so drawn and summoned shall serve instead of those discharged at
this term.
Section 14-7-300. Whenever it is necessary to supply any deficiency in the
number of grand or petit jurors duly drawn, whether caused by challenge or
otherwise, the jury commissioners, under the direction of the court, shall draw
from the jury box the number of jurors as the court considers necessary to fill
the deficiency.
Section 14-7-310. Nothing contained in this article prevents the clerk of the
court of common pleas from issuing venires for additional jurors in term time
upon the order of the court whenever it is necessary for the convenient dispatch
of its business. In any such case venires must be served and returned and jurors
required to attend on those days as the court shall direct.
Section 14-7-320. Whenever in the opinion of a presiding judge of a court of
common pleas or general sessions of any county of this State about to enter upon
the trial of a civil or criminal case the trial is likely to be protracted, the
court may cause an entry to that effect to be made in the minutes of the court
and, immediately after the jury is impaneled and sworn, the court shall direct
the calling of one or two additional jurors in its discretion, to be known as
alternate jurors. These jurors must be drawn from the same source, in the same
manner, have the same qualifications, and be subject to the same examination and
challenge as the jurors already sworn.
Section 14-7-330. No motion to quash any panel of petit jurors may be made
because of any relationship, connection, or other disqualification on the part
of the jury commissioners, or any of them, who made up the jury box, unless
notice of the motion in writing is given at least ten days before the convening
of any court to the adverse party, or his attorney setting forth the ground for
the making of the motion. Failure to give notice is considered a waiver of all
rights.
Section 14-7-340. If notice is given and the party upon whom it is served
concedes or it is determined by the court that the relationship, connection, or
disqualification exists, then the moving party shall apply to the resident
circuit judge or the presiding judge of the circuit, either at chambers or in
term time, setting out by way of affidavits the facts. Thereupon the judge shall
order the jury commissioners who are not related, connected, or disqualified to
make up a special jury box composed of the names of two hundred and forty
persons, who are qualified to serve as jurors, from which special box there must
be drawn the names of thirty-six jurors who must be summoned and required to
attend as extra jurors. From the extra panel a jury may be obtained to try the
case in which the regular panel is disqualified. In case all of the jury
commissioners are disqualified, then the judge shall designate three others who
shall perform this duty.
Section 14-7-350. The extra or special panel may be discharged as soon as the
need for it ceases.
Section 14-7-360. When the name of a person is drawn from the jury box for
jury service by the jury commissioners the person shall serve as a juror unless
disqualified or excused by the court as may be provided by law.
Section 14-7-370. When, by neglect of any of the duties required by this
article to be performed by any of the officers or persons mentioned, the jurors
to be returned from any place are not duly drawn and summoned to attend the
court, every person guilty of neglect shall pay a fine not exceeding one hundred
dollars, to be imposed by the court, to the use of the county in which the
offense was committed.
Section 14-7-380. If any member of the board of jury commissioners is guilty
of fraud, either (a) by practicing on the jury box previously to a draft, (b) in
drawing a juror, (c) in returning into the jury box the name of any juror which
has been lawfully drawn out and drawing or substituting another in his stead, or
(d) in any other way in the drawing of jurors he must be punished by a fine not
exceeding five hundred dollars or be imprisoned not exceeding two years in a
state correctional institution.
Section 14-7-390. The clerk of court of a county may serve a summons for jury
duty by first class mail. In the alternative, the clerk of court of any county
may contract with the State Election Commission to serve a summons for jury duty
by first class mail. Should the clerk of court of any county not choose to use
either of the procedures for summoning jurors provided by this section, the clerk
may summon jurors as provided by Section 14-7-410 or the sheriff shall serve
jurors as provided by Section 14-7-400.
Section 14-7-400. The grand and petit jurors drawn from the jury box must be
summoned by the sheriff as provided by law at least four days before the time
fixed in the venire for them to attend the sitting of the court.
Section 14-7-410. The clerk of court of any county may serve a summons for
jury duty by certified mail with return receipt requested. Should the clerk of
court of any county not choose to use the procedure for summoning jurors provided
by this section, the sheriff must continue to serve jurors as provided by law.
Section 14-7-420. In cases where the law provides for the opening and holding
of the court of common pleas during the week in which a term of the court of
general sessions is or may be held in any county, the jurors summoned to attend
and serve in the court of general sessions shall also attend and serve as jurors
in any court of common pleas.
Section 14-7-430. The method and procedure described by this article is the
exclusive method for the preparation of the jury lists, jury box, and the drawing
of jurors therefrom and for the service as jurors in the circuit courts of this
State."
Disqualification, exemptions, and excuse from
service as jurors
SECTION 2. Article 7, Chapter 7 of Title 14 of the 1976 Code, as amended, is
further amended to read:
"Article 7
Disqualification, Exemptions, and Excuse from
Service as Jurors
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 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 14-7-820. No clerk or deputy clerk of the court, constable, sheriff,
probate judge, county commissioner, magistrate or other county officer, or any
person employed within the walls of any courthouse is eligible as a juryman in
any civil or criminal case; provided, that no person may be disqualified under
this section except as determined by the court.
Section 14-7-830. No member of the grand jury which has found an indictment
may be put upon the jury for the trial thereof.
Section 14-7-840. No person is exempt from service as a juror in any court of
this State except men and women over sixty-five years of age. Notaries public
are not considered state officers and are not exempt under this section.
Any person exempt under this section may be excused only as directed by the
court. The jury commissioners shall not excuse or disqualify any juror under
this section. The clerk of court shall maintain a list of persons excused by the
court and the reasons the juror was determined to be excused.
Section 14-7-850. No person is liable to be drawn and serve as a juror in any
court more often than once in every year, but he is not exempt unless he actually
attends and serves as a juror in pursuance of such draft, nor is he exempt from
serving on a jury in any other court in consequence of his having served before
a magistrate.
Section 14-7-860. The presiding judge for cause shown may excuse anyone from
jury duty at any term of court if he considers it advisable. But no juror who
has been drawn to serve at any term of the court may be excused except for good
and sufficient cause, which, together with his application, must be filed in the
office of the clerk of the court and remain on record. Any woman having a child
under seven years of age of whom she has legal custody and the duty of care, who
desires to be excused from jury duty, shall furnish an affidavit to the clerk of
court stating that she is unable to provide adequate care for the child while
performing jury duty and shall be excused from such duty. The provisions of
Section 14-7-870 shall not apply to any such woman juror.
Any person who violates the provisions of this section is guilty of a
misdemeanor and upon conviction must be punished by a fine not to exceed one
thousand dollars or imprisoned for a term not to exceed thirty days or both.
Section 14-7-870. Whenever a juror is so excused, unless the cause of the
excuse is permanent physical disability of the juror or the juror is a member of
one of the classes of persons set forth in Section 14-7-840, the name of the
juror must be placed by the jury commissioners on the succeeding panel of the
same term of court, unless the panel from which the juror is excused is the last
panel for the term, in which event the name of the juror must be placed by the
jury commissioners on the first panel of the succeeding term of court. The name
of such juror so placed on any panel must be in addition to the seventy-five
names required to be placed thereon under the provisions of Section 14-7-200 and
the juror shall attend the court on the first day of the week for which he has
been so designated without the issuance or service of any further process. He
shall serve as a substitute on the panel in the stead and place of any one of the
jurors drawn on the panel whose attendance cannot then be procured or who may be
excused from attendance on the panel for cause as provided in this article.
Nothing in this article may be construed as requiring the service of any person
as a juror during any calendar year other than the calendar year for which he has
been originally drawn under the provisions of Section 14-7-200."
Objections and challenges to jurors,
impaneling of juries
SECTION 3. Article 9, Chapter 7, Title 14 of the 1976 Code is amended to read:
"Article 9
Objections and Challenges to Jurors;
Impaneling of Juries
Section 14-7-1010. The presiding judge shall at each term of court ascertain
the qualifications of the jurors.
The presiding judge shall determine whether any juror is disqualified or
exempted by law and only he shall disqualify or excuse any juror as may be
provided by law. The clerk of court shall maintain a list of all jurors excused
or disqualified and the reasons provided therefor by the presiding judge, which
list must be signed by the presiding judge. In no case shall the jury
commissioners excuse or disqualify any juror for any reason whatsoever; provided
that the clerk of court may, without court approval, transfer any juror to a
subsequent term upon good and sufficient cause.
Section 14-7-1020. The court shall, on motion of either party in the suit,
examine on oath any person who is called as a juror to know whether he is related
to either party, has any interest in the cause, has expressed or formed any
opinion, or is sensible of any bias or prejudice therein, and the party objecting
to the juror may introduce any other competent evidence in support of the
objection. If it appears to the court that the juror is not indifferent in the
cause, he must be placed aside as to the trial of that cause and another must be
called.
Section 14-7-1030. All objections to jurors called to try prosecutions,
actions, issues, or questions arising out of actions or special proceedings in
the various courts of this State, if not made before the juror is impaneled for
or charged with the trial of the prosecution, action, issue, or question arising
out of an action or special proceeding, is waived, and if made thereafter is of
no effect.
Section 14-7-1040. In indictments and penal actions for the recovery of sum
of money or other thing forfeited, it is not a cause of challenge to a juror that
he is liable to pay taxes in any county, city, or town which may be benefited by
recovery.
Section 14-7-1050. In the trial of all actions at law in the courts of common
pleas and issues ordered to be framed by the judge in equity cases in the courts,
the clerk in the manner provided by Section 14-7-1060 shall furnish the parties
or their attorneys with a list of twenty jurors from the whole number of jurors
who are in attendance, the names on the list to be numbered from one to twenty,
and be stricken off by numbers in the same manner as the regular panels of jurors
in those courts have been formed. From this list the parties or their attorneys
shall alternatively strike, until there are but twelve left, which shall
constitute the jury to try the case or issue. In all cases the plaintiff shall
have the first strike and in all civil cases any party shall have the right to
demand a panel of twenty competent and impartial jurors from which to strike a
jury.
Section 14-7-1060. The clerk shall write or cause the names of the jurors in
attendance to be written, each on a separate paper or ballot which must be white
and plain, which must resemble each other as much as possible, and which must be
so folded that the name written thereon is not visible on the outside. The clerk
shall place each of the ballots or separate papers in a separate, small opaque
capsule or container, which must be as uniform in size, shape and color as
possible at the time of original purchase or repurchase of the capsules or
containers. Whenever a jury panel of twenty is to be drawn, these capsules or
containers must be placed in a small rotating drum, cylindrical in shape, having
a handle at the end thereof and resting on such supports that it can be turned
by means of the handle, the drum, capsules and other equipment to be furnished
by the jury commissioners and approved by the resident judge. When the
containers or capsules have been placed in the drum, it must be completely closed
and securely fastened and rotated by means of the handle for a sufficient length
of time necessary for a complete mixing of the containers or capsules and the
required number of jurors must then be drawn, one by one, by a child under ten
years of age or by a blind person in the presence of the court. The names of the
jurors so drawn must be returned to the capsules and replaced in the drum when
the jurors are no longer actually engaged in service on a trial jury.
Section 14-7-1070. When the list is prepared by the clerk and presented to the
parties or their attorneys, objection for cause must be made before striking, and
if the objection is sustained, the clerk shall fill up the list before it is
stricken. If, after the jury has been struck as provided, it is discovered that
any one or more of the jurors whose names remain upon the jury list are
disqualified for any cause, the clerk shall furnish the parties or their
attorneys with an additional list of three times as many jurors as may be found
to be disqualified, to be drawn as the first list was drawn, from which the
parties or their attorneys shall alternately strike, until there is left the
number necessary to impanel the panel.
Section 14-7-1080. Should the jury charged with any case be delayed in
rendering its verdict so that it could not be present to be drawn from in making
the list to form a second jury, then the clerk shall present to the parties or
their attorneys a list containing the names of twenty jurors to be drawn by the
clerk from the remaining jurors in the manner provided in Section 14-7-1050, from
which list the parties or their attorneys shall alternately strike, as provided
in Section 14-7-1050 until twelve are left who shall constitute the jury.
Section 14-7-1090. In all cases of default when it may be necessary to have
the verdict of a jury or in the trial of cases when the parties or their
attorneys shall waive the right to strike a jury, the clerk shall, under the
direction of the judge, draw and impanel a jury who shall pass upon those matters
as may be submitted to it in default cases or the trial of those cases when the
parties have waived the right to strike the jury.
Section 14-7-1100. In impaneling juries in criminal cases, the jurors must be
called, sworn, and impaneled anew for the trial of each case, according to the
established practice.
Section 14-7-1110. Any person who is arraigned for the crime of murder,
manslaughter, burglary, arson, rape, grand larceny, breach of trust when it is
punishable as for grand larceny, perjury or forgery is entitled to peremptory
challenges not exceeding ten and the State in these cases is entitled to
peremptory challenges not exceeding five. Any person who is indicted for any
crime or offense other than those enumerated above has the right to peremptory
challenges not exceeding five and the State in these cases is entitled to
peremptory challenges not exceeding five. No right to stand aside jurors is
allowed to the State in any case whatsoever. In no case where there is more than
one defendant jointly tried are more than twenty peremptory challenges allowed
in all to the defendants and in misdemeanors when there is more than one
defendant jointly tried no more than ten peremptory challenges are allowed in all
to the defendants. In felonies when there is more than one defendant jointly
tried the State has ten challenges.
Section 14-7-1120. In criminal cases the prosecution is entitled to one and
the defendant to two peremptory challenges for each alternate juror called under
the provisions of Section 14-7-320 and in civil cases, each party shall have one
strike for each alternate juror.
Section 14-7-1130. Any juror in any court of this State may make solemn and
conscientious affirmation and declaration, according to the form of his religious
belief or profession, as to any matter or thing whereof an oath is required and
this affirmation and declaration must be held as valid and effectual as if the
person had taken an oath on the Holy Bible.
Section 14-7-1140. No irregularity in any writ of venire facias or in the
drawing, summoning, returning, or impaneling of jurors is sufficient to set aside
the verdict, unless the party making the objection was injured by the
irregularity or unless the objection is made before the returning of the
verdict."
Grand juries
SECTION 4. Article 13, Chapter 7, Title 14 of the 1976 Code is amended to read:
"Article 13
Grand Juries
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.
Section 14-7-1520. 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 in
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 year and until another
grand jury is selected and impaneled.
Section 14-7-1530. During the fall or last term of the court of common pleas
and general sessions for any county, 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 year, of the names of the six members who shall serve as a part of the
grand jury for the then ensuing year, 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 14-7-1540. Whenever for any cause, such as the quashing of the array
or there being no court at the fall 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 year 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 year and until their successors be drawn, summoned, and qualified according
to law.
Section 14-7-1550. Not less than fifteen days prior to 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 thirty 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 or
at such other time as the clerk of court may designate. This writ of venire
facias must be immediately delivered to the sheriff of the county or otherwise
served as provided by law.
Section 14-7-1560. On the first day of the term of court, 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 affected.
Section 14-7-1570. 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. 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 14-7-1580. 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. But 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 Sections 19-7-10 through 19-7-30 and Sections 19-9-10
through 19-9-130.
Section 14-7-1590. 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."
Repeal
SECTION 5. Article 5, Chapter 7, Title 14 of the 1976 Code and Act 208 of 1977
are repealed.
Time effective
SECTION 6. This act shall take effect upon approval by the Governor. |