S*0577(Rat #0176, Act #0206 of 1987)  Joint Resolution, By J.C. Hayes, Branton, 
Bryan, Courson, R.C. Dennis, W.W. Doar, Drummond, H.U. Fielding, T.E. Garrison, 
Giese, C.T. Hinson, Holland, Leatherman, W.R. Lee, Leventis, J.C. Lindsay, 
J.M. Long, I.E. Lourie, A.S. Macaulay, J.A. Martin, Matthews, McConnell, 
F.H. McGill, P.B. McLeod, Moore, Patterson, Peeler, T.H. Pope, C.L. Powell, 
Setzler, R.C. Shealy, H.C. Smith, J.V. Smith, T.E. Smith, Thomas, J.M. Waddell and 
Wilson

Similar(H 2735)
 A Joint Resolution proposing an amendment to Section 22 of Article V of the
 Constitution of South Carolina, 1895, relating to grand and petit juries so as
 to authorize the General Assembly to establish a State Grand Jury by General
 Law; and proposing an amendment to Section 11 of Article I of the
 Constitution, relating to the requirement that no person may be held to answer
 for any crime where the punishment exceeds a fine of two hundred dollars or
 imprisonment for thirty days, unless on a presentment or indictment of a grand
 jury of the county where the crime has been committed, with certain exceptions
 so as to provide that nothing contained in the Constitution is deemed to limit
 or prohibit the establishment by the General Assembly of a State Grand Jury
 with the authority to return indictments and with that other authority,
 including procedure, as the General Assembly may provide.

   03/25/87  Senate Introduced and read first time SJ-1018
   03/25/87  Senate Referred to Committee on Judiciary SJ-1018
   04/29/87  Senate Committee report: Favorable Judiciary SJ-1565
   04/30/87  Senate Read second time SJ-1637
   04/30/87  Senate Ordered to third reading with notice of
                     amendments SJ-1637
   05/05/87  Senate Special order SJ-1685
   05/06/87  Senate Read third time and sent to House SJ-1696
   05/07/87  House  Introduced and read first time HJ-2553
   05/07/87  House  Referred to Committee on Judiciary HJ-2554
   05/21/87  House  Committee report: Favorable Judiciary HJ-3083
   05/26/87  House  Read second time HJ-3150
   05/27/87  House  Read third time and enrolled HJ-3246
   06/02/87         Ratified R 176
   06/03/87         Signed By Governor
   06/03/87         Act No. 206
   06/16/87         Copies available

A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 22 OF ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO GRAND AND PETIT JURIES, SO AS TO AUTHORIZE THE GENERAL ASSEMBLY TO ESTABLISH A STATE GRAND JURY BY GENERAL LAW; AND PROPOSING AN AMENDMENT TO SECTION 11 OF ARTICLE I OF THE CONSTITUTION, RELATING TO THE REQUIREMENT THAT NO PERSON MAY BE HELD TO ANSWER FOR ANY CRIME WHERE THE PUNISHMENT EXCEEDS A FINE OF TWO HUNDRED DOLLARS OR IMPRISONMENT FOR THIRTY DAYS, UNLESS ON A PRESENTMENT OR INDICTMENT OF A GRAND JURY OF THE COUNTY WHERE THE CRIME HAS BEEN COMMITTED, WITH CERTAIN EXCEPTIONS, SO AS TO PROVIDE THAT NOTHING CONTAINED IN THE CONSTITUTION IS DEEMED TO LIMIT OR PROHIBIT THE ESTABLISHMENT BY THE GENERAL ASSEMBLY OF A STATE GRAND JURY WITH THE AUTHORITY TO RETURN INDICTMENTS AND WITH THAT OTHER AUTHORITY, INCLUDING PROCEDURE, AS THE GENERAL ASSEMBLY MAY PROVIDE.

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

Proposing state grand jury

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. Each juror must be a qualified elector under the provisions of this Constitution and of good moral character."

Question for state grand jury

SECTION 2. The amendment proposed in Section 1 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 thereon:

"Shall Section 22 of Article V of the Constitution of this State, relating to grand and petit juries, be amended so as to authorize the General Assembly to establish a state grand jury by general law?

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'."

Proposing state grand jury's right to return indictments

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 where the punishment exceeds a fine of two hundred dollars or imprisonment for thirty days, 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 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."

Question for state grand jury's right to return indictments

SECTION 4. The amendment proposed in Section 3 must be submitted to the qualified electors in the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written thereupon:

"Shall Section 11 of Article I of the Constitution of this State, relating to the requirement that no person may be held to answer for any crime where the punishment exceeds a fine of two hundred dollars or imprisonment for thirty days, unless on a presentment or indictment of a grand jury where the crime has been committed with certain exceptions, be amended so as to provide that nothing in the Constitution is deemed to limit or prohibit the establishment by the General Assembly of a state grand jury with the authority to return indictments irrespective of the county where the crime has been committed and with that other authority, including procedure, as the General Assembly may provide?

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'."