H 3325 Joint Resolution, By Knotts, Allison, Bailey, J.M. Baxley, H. Brown, 
B.D. Cain, Cato, C.D. Chamblee, Cooper, Cotty, Davenport, L.L. Elliott, Gamble, 
H.M. Hallman, Harrell, J.L. Harris, Haskins, R.J. Herdklotz, H.G. Hutson, 
Keegan, Kelley, Kennedy, W.D. Keyserling, Kirsh, Klauber, Lanford, Littlejohn, 
C.V. Marchbanks, McCraw, Meacham, Phillips, Quinn, Richardson, Riser, Sandifer, 
Seithel, J.S. Shissias, Simrill, R. Smith, Stille, E.C. Stoddard, P.H. Thomas, 
Townsend, J.W. Tucker, Vaughn, C.C. Wells, Whatley, Whipper, Wilder, 
Witherspoon, S.S. Wofford, D.A. Wright, W.J. Young and Young-Brickell
 A Joint Resolution proposing an amendment to Article III of the Constitution
 of South Carolina, 1895, relating to the Legislative Department, by adding
 Section 37 so as to provide that any member of the General Assembly who pleads
 guilty or nolo contendere to or is convicted of a crime in state or federal
 court the penalty for which includes a term of imprisonment for two or more
 years is expelled from the body of which he is a member upon the plea or
 conviction, and to provide that upon expulsion a vacancy in that office shall
 exist which must be filled as provided by law.

   01/19/95  House  Introduced and read first time HJ-6
   01/19/95  House  Referred to Committee on Judiciary HJ-6

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LEGISLATIVE DEPARTMENT, BY ADDING SECTION 37 SO AS TO PROVIDE THAT ANY MEMBER OF THE GENERAL ASSEMBLY WHO PLEADS GUILTY OR NOLO CONTENDERE TO OR IS CONVICTED OF A CRIME IN STATE OR FEDERAL COURT THE PENALTY FOR WHICH INCLUDES A TERM OF IMPRISONMENT FOR TWO OR MORE YEARS IS EXPELLED FROM THE BODY OF WHICH HE IS A MEMBER UPON THE PLEA OR CONVICTION, AND TO PROVIDE THAT UPON EXPULSION A VACANCY IN THAT OFFICE SHALL EXIST WHICH MUST BE FILLED AS PROVIDED BY LAW.

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

SECTION 1. It is proposed that Article III of the Constitution of South Carolina, 1895, is amended by adding:

"Section 37. Any member of the General Assembly who pleads guilty or nolo contendere to, or is convicted of a crime in state or federal court the penalty for which includes a term of imprisonment for two or more years is expelled from the body of which he is a member upon the plea or conviction. Upon such expulsion, a vacancy in that office shall exist which must be filled as provided by law."

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 Article III of the Constitution of this State relating to the Legislative Department be amended by adding Section 37 so as to provide that any member of the General Assembly who pleads guilty or nolo contendere to or is convicted of a crime in state or federal court, the penalty for which includes a term of imprisonment for two or more years, is expelled from the body of which he is a member upon the plea or conviction, and to provide that upon such expulsion, a vacancy in that office shall exist which must be filled as provided by law?

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'."