S 880 Session 112 (1997-1998)
S 0880 Joint Resolution, By Wilson, Branton, Giese, Gregory, Martin and Thomas
Similar(H 4349)
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.
12/15/97 Senate Prefiled
12/15/97 Senate Referred to Committee on Judiciary
01/14/98 Senate Introduced and read first time SJ-21
01/14/98 Senate Referred to Committee on Judiciary SJ-21
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 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 trial court 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 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
relating to grand and petit juries 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?
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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