H*3115 Session 108 (1989-1990)
H*3115(Rat #0013, Act #0008 of 1989) General Bill, By Sheheen and Wilkins
A Bill to ratify an amendment to Section 11, Article 1 of the Constitution of
South Carolina, 1895, relating to presentment or indictment, so as to require
presentment or indictment by a grand jury for any crime the jurisdiction over
which is not within the magistrate's court.
01/10/89 House Introduced, read first time, placed on calendar
without reference HJ-54
01/11/89 House Read second time HJ-9
01/12/89 House Read third time and sent to Senate HJ-16
01/12/89 Senate Introduced and read first time SJ-86
01/12/89 Senate Referred to Committee on Judiciary SJ-86
01/18/89 Senate Committee report: Favorable Judiciary SJ-20
01/19/89 Senate Read second time SJ-24
01/24/89 Senate Read third time and enrolled SJ-14
02/08/89 Ratified R 13
02/08/89 No signature required
02/08/89 Act No. 8
02/27/89 Copies available
(A8, R13, H3115)
AN ACT TO RATIFY AN AMENDMENT TO SECTION 11, ARTICLE I OF THE CONSTITUTION OF
SOUTH CAROLINA, 1895, RELATING TO PRESENTMENT OR INDICTMENT, SO AS TO REQUIRE
PRESENTMENT OR INDICTMENT BY A GRAND JURY FOR ANY CRIME THE JURISDICTION OVER
WHICH IS NOT WITHIN THE MAGISTRATE'S COURT.
Be it enacted by the General Assembly of the State of South Carolina:
Amendment revising indictment requirements ratified
SECTION 1. The amendment to Section 11, Article I of the Constitution of South
Carolina, 1895, prepared under the terms of Joint Resolution 686 of 1988, having
been submitted to the qualified electors at the general election of 1988 as
prescribed in Section 1, Article XVI of the Constitution of South Carolina, 1895,
and a favorable vote having been received on the amendment, is ratified and
declared to be a part of the Constitution so that Section 11, Article I, is
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." |