S 72 Session 110 (1993-1994)
S 0072 Joint Resolution, By McConnell, Passailaigue 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.
01/12/93 Senate Introduced and read first time SJ-45
01/12/93 Senate Referred to Committee on Judiciary SJ-45
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'."
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