S 116 Session 109 (1991-1992)
S 0116 Joint Resolution, By McConnell and Wilson
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 provide that ten or more members instead of all twelve members of a jury
shall vote in favor of imposing the death penalty where a defendant has been
convicted of murder in order for the death penalty to be imposed.
09/17/90 Senate Prefiled
09/17/90 Senate Referred to Committee on Judiciary
01/08/91 Senate Introduced and read first time SJ-55
01/08/91 Senate Referred to Committee on Judiciary SJ-55
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 PROVIDE THAT TEN OR MORE
MEMBERS INSTEAD OF ALL TWELVE MEMBERS OF A
JURY SHALL VOTE IN FAVOR OF IMPOSING THE
DEATH PENALTY WHERE A DEFENDANT HAS BEEN
CONVICTED OF MURDER IN ORDER FOR THE DEATH
PENALTY TO BE IMPOSED.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. It is proposed that Section 22 of Article V of the
Constitution of this State be amended by adding:
"Notwithstanding the provisions of this section, to
impose the death penalty on a defendant convicted of murder,
only ten or more members of the jury shall vote in favor of
imposing the death penalty."
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
ballots:
"Must Section 22 of Article V of the Constitution of
this State be amended so as to provide that ten or more
members instead of all twelve members of a jury shall vote in
favor of imposing the death penalty where a defendant has been
convicted of murder in order for the death penalty to be
imposed?
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'."
-----XX----- |