S*0380(Rat #0633, Act #0686 of 1988)  Joint Resolution, By McConnell and Thomas
 A Joint Resolution proposing an amendment to Section 11 of 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.

   02/11/87  Senate Introduced and read first time SJ-518
   02/11/87  Senate Referred to Committee on Judiciary SJ-518
   03/02/88  Senate Committee report: Favorable Judiciary SJ-16
   03/03/88  Senate Read second time SJ-61
   04/27/88  Senate Read third time and sent to House SJ-42
   04/28/88  House  Introduced and read first time HJ-3399
   04/28/88  House  Referred to Committee on Judiciary HJ-3400
   05/11/88  House  Committee report: Favorable Judiciary HJ-3659
   05/12/88  House  Read second time HJ-3761
   05/17/88  House  Read third time and enrolled HJ-3815
   05/24/88         Ratified R 633
   05/24/88         No signature required
   05/24/88         Act No. 686
   06/17/88         Copies available

A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 11 OF 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:

Constitutional amendment proposed

SECTION 1. 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 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."

Question

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:

"Shall Section 11 of Article I of the Constitution of this State relating to presentment or indictment be amended 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?

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'."

Ratified the 24th day of May 1988.