South Carolina Legislature


 

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H 3267
Session 111 (1995-1996)


H 3267 Joint Resolution, By J.L.M. Cromer
 A Joint Resolution proposing an amendment to Section 22, ArticleNext 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
 petit jury of the circuit court must agree to a verdict to render the same and
 all jurors in any other trial court must agree to a verdict in order to render
 the same unless otherwise provided by law.

   01/17/95  House  Introduced and read first time HJ-7
   01/17/95  House  Referred to Committee on Judiciary HJ-8



A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO SECTION 22, PreviousARTICLENext 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 PETIT JURY OF THE CIRCUIT COURT MUST AGREE TO A VERDICT TO RENDER THE SAME AND ALL JURORS IN ANY OTHER TRIAL COURT MUST AGREE TO A VERDICT IN ORDER TO RENDER THE SAME UNLESS OTHERWISE PROVIDED BY LAW.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. It is proposed that Section 22, PreviousArticleNext V of the Constitution of this State be amended to read:

"Section 22. The petit jury of the Circuit Court shall consist of twelve members and the number of jurors of other courts must be determined by law. Only ten or more members of the petit jury of the Circuit Court must agree to a verdict in order to render the same. All jurors in any other trial court must agree to a verdict in order to render the same unless otherwise provided by law. 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."

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, PreviousArticle V of the Constitution of this State be amended so as to provide that only ten or more members of the petit jury of the Circuit Court must agree to a verdict in order to render the same and all jurors in any other trial court must agree to a verdict in order to render the same unless otherwise provided by law?

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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