H 3691 Session 110 (1993-1994)
H 3691 Joint Resolution, By Harrison, H. Brown, R.S. Corning, Gamble,
M.F. Jaskwhich, Keegan, M.H. Kinon, Law, Quinn, Riser, Sharpe, Sheheen,
J.S. Shissias, R. Smith, Stuart, Walker, Wilkins, S.S. Wofford, D.A. Wright and
Young-Brickell
Similar(S 517)
A Joint Resolution proposing an amendment to Section 22, Article V of the
Constitution of South Carolina, 1895, relating to grand and petit juries, so
as to provide that the petit jury of the circuit court rather than twelve
members shall consist of that number of jurors provided by law and that the
number of jurors of other courts of this State must also be as provided by
law.
03/11/93 House Introduced and read first time HJ-10
03/11/93 House Referred to Committee on Judiciary HJ-11
04/22/93 House Committee report: Majority favorable with amend.,
minority unfavorable Judiciary HJ-1
01/19/94 House Amended HJ-53
01/19/94 House Read second time HJ-54
01/19/94 House Roll call Yeas-110 HJ-55
01/20/94 House Read third time and sent to Senate HJ-33
01/25/94 Senate Introduced and read first time SJ-5
01/25/94 Senate Referred to Committee on Judiciary SJ-5
Indicates Matter Stricken
Indicates New Matter
AMENDED
January 19, 1994
H. 3691
Introduced by REPS. Harrison, Sharpe, Quinn, Kinon, H. Brown,
Corning, Sheheen, Wilkins, Stuart, Walker, A. Young, R. Smith,
Shissias, Riser, Law, Wright, Jaskwhich, Keegan, Gamble and Wofford
S. Printed 1/19/94--H.
Read the first time March 11, 1993.
A JOINT RESOLUTION
PROPOSING AN AMENDMENT TO SECTION 22, ARTICLE V OF
THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING
TO GRAND AND PETIT JURIES, SO AS TO PROVIDE THAT THE
PETIT JURY OF THE CIRCUIT COURT RATHER THAN TWELVE
MEMBERS SHALL CONSIST OF THAT NUMBER OF JURORS
PROVIDED BY LAW AND THAT THE NUMBER OF JURORS OF
OTHER COURTS OF THIS STATE MUST ALSO BE AS PROVIDED
BY LAW.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 22, Article V of the
Constitution of this State be amended to read:
"Section 22. The petit jury of the Circuit Court of
General Sessions shall consist of twelve members and the number
of jurors in the Court of Common Pleas and of other courts
shall consist of not fewer than six and not more than twelve
members as seated by the court and all jurors in the civil courts shall
participate in the verdict unless excused from service by the court.
Unless the parties otherwise stipulate in civil actions, (1) the verdict
shall be unanimous and (2) no verdict shall be taken from a jury reduced
in size to fewer than six members must be determined by
law. All jurors in any trial criminal court must
agree to a verdict in order to render the same. The grand jury of each
county, and the state grand jury, as the General Assembly may establish
by general law, shall consist of eighteen members, twelve of whom must
agree in a matter before it can be submitted to the Court. Each juror
must be a resident of this State and have such other qualifications as the
General Assembly may prescribe.
Nothing herein shall prevent the General Assembly by law from
providing that juries in magistrate's courts and in municipal courts
exercising the same jurisdiction shall consist of six members."
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 22, Article V of the Constitution of this State
relating to grand and petit juries be amended so as to provide that the
juries of all courts of this State, except for the court of general sessions
and magistrate's and municipal courts, shall consist of not fewer than six
nor more than twelve members as seated by the court and that in the civil
courts all jurors shall participate in the verdict unless excused by the
court and that the verdict in civil actions shall be unanimous and no
verdict shall be taken from a jury reduced in size to fewer than six
members unless the parties otherwise stipulate?
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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