H 3058 Joint Resolution, By J.W. Tucker, J.M. Baxley, Gamble, J.L. Harris, 
Harrison, Haskins, Knotts, Meacham, Phillips, Richardson, J.S. Shissias, 
Simrill, D. Smith, Spearman, Stuart, Vaughn and S.S. Wofford

Similar(S 59)
 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
 must 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.

   12/14/94  House  Prefiled
   12/14/94  House  Referred to Committee on Judiciary
   01/10/95  House  Introduced and read first time HJ-22
   01/10/95  House  Referred to Committee on Judiciary HJ-23
   02/07/95  House  Tabled in committee Judiciary

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 MUST 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 must 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 must 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?

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'."