H 4486 Joint Resolution, By Limehouse, Knotts, Tripp and Whatley
 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 nine or more members instead of all twelve members of a
 jury must vote in favor of convicting a person of murder and imposing the
 death penalty where a person has been convicted of murder in order for the
 death penalty to be imposed.

   01/24/96  House  Introduced and read first time HJ-10
   01/24/96  House  Referred to Committee on Judiciary HJ-10

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 NINE OR MORE MEMBERS INSTEAD OF ALL TWELVE MEMBERS OF A JURY MUST VOTE IN FAVOR OF CONVICTING A PERSON OF MURDER AND IMPOSING THE DEATH PENALTY WHERE A PERSON 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, Article 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. All jurors in any a trial court, except a murder trial, must agree to a verdict in order to render the same. In a murder trial at least nine members of the jury 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.

Notwithstanding the provisions of this section, to impose the death penalty on a person convicted of murder, only nine 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, Article V of the Constitution of this State be amended so as to provide that nine or more members instead of all twelve members of a jury must vote in favor of convicting a person of murder and imposing the death penalty where a person 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'."