S 1168 Session 109 (1991-1992)
S 1168 Joint Resolution, By Saleeby
A Joint Resolution proposing an amendment to Section 14, Article I of the
Constitution of South Carolina, 1895, relating to the right of trial by jury
and the rights of defendants in criminal cases, so as to authorize the General
Assembly to provide for nonjury bench trials in cases at law when the amount
in controversy is twenty-five thousand dollars or less.
01/15/92 Senate Introduced and read first time SJ-167
01/15/92 Senate Referred to Committee on Judiciary SJ-167
02/06/92 Senate Committee report: Majority favorable with amend.,
minority unfavorable Judiciary SJ-23
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
February 6, 1992
S. 1168
Introduced by SENATOR Saleeby
S. Printed 2/6/92--S.
Read the first time January 15, 1992.
THE COMMITTEE ON JUDICIARY
To whom was referred a Joint Resolution (S. 1168), proposing an
amendment to Section 14, Article I of the Constitution of South
Carolina, 1895, relating to the right of trial by jury, etc., respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass with amendment:
Amend the resolution, as and if amended, page 1, line 28, in
SECTION 1, by striking /./ and inserting therein /., except
that the General Assembly may provide for nonjury bench trials in cases
at law when the amount in controversy is twenty-five thousand dollars
or less./ .
Amend the resolution further, as and if amended, page 1, beginning
on line 35, in SECTION 1, by striking /The General Assembly may
provide for nonjury bench trials in cases at law when the amount in
controversy is twenty-five thousand dollars or less./
Amend title to conform.
Majority favorable. Minority unfavorable.
EDWARD E. SALEEBY THEO W. MITCHELL
For Majority. For Minority.
A JOINT RESOLUTION
PROPOSING AN AMENDMENT TO SECTION 14, ARTICLE I OF
THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING
TO THE RIGHT OF TRIAL BY JURY AND THE RIGHTS OF
DEFENDANTS IN CRIMINAL CASES, SO AS TO AUTHORIZE
THE GENERAL ASSEMBLY TO PROVIDE FOR NONJURY BENCH
TRIALS IN CASES AT LAW WHEN THE AMOUNT IN
CONTROVERSY IS TWENTY-FIVE THOUSAND DOLLARS OR
LESS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 14, Article I of the
Constitution of this State be amended to read:
"Section 14. The right of trial by jury shall be
is preserved inviolate. Any A person charged
with an offense shall enjoy the right to a speedy and public trial by an
impartial jury; to be fully informed of the nature and cause of the
accusation; to be confronted with the witnesses against him; to have
compulsory process for obtaining witnesses in his favor, and to be fully
heard in his defense by himself or by his counsel or by both. The
General Assembly may provide for nonjury bench trials in cases at law
when the amount in controversy is twenty-five thousand dollars or
less."
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:
"Must Section 14, Article I of the Constitution of this State
relating to the right of trial by jury and the rights of defendants in
criminal cases be amended so as to authorize the General Assembly to
provide for nonjury bench trials in cases at law when the amount in
controversy is twenty-five thousand dollars or less?
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'."
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