S 19 Session 112 (1997-1998)
S 0019 Joint Resolution, By Saleeby
A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 14, ARTICLE 1 OF THE
CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE RIGHT OF TRIAL BY JURY
AND THE RIGHTS OF DEFENDANTS IN CRIMINAL CASES, SO AS TO AUTHORIZE THE GENERAL
ASSEMBLY TO PROVIDE FOR NONJURY BENCH TRIALS IN CASES AT LAW WHEN THE AMOUNT
IN CONTROVERSY IS TWENTY-FIVE THOUSAND DOLLARS OR LESS.
01/14/97 Senate Introduced and read first time SJ-91
01/14/97 Senate Referred to Committee on Judiciary SJ-91
A JOINT RESOLUTION
PROPOSING AN AMENDMENT TO SECTION 14, ARTICLE I
OF THE CONSTITUTION OF SOUTH CAROLINA, 1895,
RELATING TO THE RIGHT OF TRIAL BY JURY AND THE
RIGHTS OF DEFENDANTS IN CRIMINAL CASES, SO AS TO
AUTHORIZE THE GENERAL ASSEMBLY TO PROVIDE FOR
NONJURY BENCH TRIALS IN CASES AT LAW WHEN THE
AMOUNT IN CONTROVERSY IS TWENTY-FIVE THOUSAND
DOLLARS OR LESS.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. It is proposed that Section 14, Article I of the
Constitution of this State be amended to read:
"Section 14. The right of trial by jury shall be preserved
inviolate. Any person charged with an offense shall enjoy the right to
a speedy and public trial by an impartial jury; to be fully informed of
the nature and cause of the accusation; to be confronted with the
witnesses against him; to have compulsory process for obtaining
witnesses in his favor, and to be fully heard in his defense by himself
or by his counsel or by both; provided, that the General
Assembly shall provide for nonjury bench trials in cases at law when
the amount in controversy is twenty-five thousand dollars or
less."
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 14, Article I of the Constitution of this State
(relating to the right of trial by jury and the rights of defendants in
criminal cases) be amended so as to authorize the General Assembly
to provide for nonjury bench trials in cases at law when the amount
in controversy is twenty-five thousand dollars or less?
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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