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H*3867 Session 115 (2003-2004)
H*3867(Rat #0412, Act #0304 of 2004) General Bill, By Harrison
AN ACT TO AMEND SECTION 14-25-165, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO DRAWING AND COMPOSING A JURY IN MUNICIPAL COURT, SO AS TO
INCREASE THE SIZE OF THE POOL FROM WHICH JURORS ARE SELECTED, AND TO DELETE A
PROVISION FOR DRAWING A JURY FOR A SINGLE TRIAL WHICH REQUIRES PEREMPTORY
CHALLENGES IN ADVANCE OF THE TRIAL DATE; TO AMEND SECTION 22-2-50, RELATING TO
THE PREPARATION OF A LIST OF QUALIFIED ELECTORS FOR EACH MAGISTERIAL JURY
AREA, SO AS TO REQUIRE THE LIST BE PREPARED IN OCTOBER OF EACH YEAR, DELETE
THE REQUIREMENT THE LIST BE PREPARED ON A PRECINCT BY PRECINCT BASIS, AND
REQUIRE IT BE COMPILED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 14-7-130;
TO AMEND SECTIONS 22-2-80 AND 22-2-90, BOTH AS AMENDED, RELATING TO SELECTION
OF A JURY IN MAGISTRATES COURT, SO AS TO INCREASE THE SIZE OF THE JURY POOL
FROM WHICH A JURY IS SELECTED AND CHANGE THE TIME FOR SELECTING PERSONS TO
SERVE ON A JURY; TO AMEND SECTION 22-2-100, RELATING TO THE PROCEDURE FOR
SELECTING PRIMARY AND ALTERNATE JURORS IN MAGISTRATES COURT, SO AS TO CHANGE
LANGUAGE CONSISTENT WITH OTHER CHANGES MADE IN SECTION 14-25-165; AND TO AMEND
SECTION 22-2-120, RELATING TO THE SELECTION OF ADDITIONAL JURORS IN
MAGISTRATES COURT AT THE TIME OF TRIAL, SO AS TO DELETE ARCHAIC LANGUAGE. -
ratified title
03/26/03 House Introduced and read first time HJ-76
03/26/03 House Referred to Committee on Judiciary HJ-76
04/23/03 House Committee report: Favorable Judiciary HJ-5
04/24/03 House Amended HJ-30
04/24/03 House Read second time HJ-31
04/24/03 House Unanimous consent for third reading on next
legislative day HJ-31
04/25/03 House Read third time and sent to Senate HJ-1
04/29/03 Senate Introduced and read first time SJ-38
04/29/03 Senate Referred to Committee on Judiciary SJ-38
05/21/03 Senate Committee report: Favorable with amendment
Judiciary SJ-11
05/22/03 Senate Amended SJ-27
05/22/03 Senate Read second time SJ-27
05/22/03 Senate Ordered to third reading with notice of
amendments SJ-27
06/04/03 Senate Amended SJ-79
06/04/03 Senate Read third time and returned to House with
amendments SJ-79
06/05/03 House Senate amendment amended HJ-27
06/05/03 House Returned to Senate with amendments HJ-27
01/13/04 Senate Non-concurrence in House amendment SJ-46
01/14/04 House House insists upon amendment and conference
committee appointed Reps. Coleman, Lucas and GM
Smith HJ-1
01/14/04 Senate Conference committee appointed Sens. Moore,
Peeler, Kuhn SJ-20
06/02/04 House Conference report received and adopted HJ-101
06/02/04 Senate Conference report received and adopted SJ-28
06/02/04 Senate Ordered enrolled for ratification SJ-28
06/03/04 Ratified R 412
09/08/04 Signed By Governor
09/13/04 Copies available
09/13/04 Effective date 09/08/04
09/14/04 Act No. 304
VERSIONS OF THIS BILL
3/26/2003 4/23/2003 4/24/2003 5/21/2003 5/22/2003 6/4/2003 6/4/2003-A 6/5/2003 6/2/2004 (A304, R412, H3867) AN ACT TO AMEND SECTION 14-25-165, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRAWING AND COMPOSING A JURY IN MUNICIPAL COURT, SO AS TO INCREASE THE SIZE OF THE POOL FROM WHICH JURORS ARE SELECTED, AND TO DELETE A PROVISION FOR DRAWING A JURY FOR A SINGLE TRIAL WHICH REQUIRES PEREMPTORY CHALLENGES IN ADVANCE OF THE TRIAL DATE; TO AMEND SECTION 22-2-50, RELATING TO THE PREPARATION OF A LIST OF QUALIFIED ELECTORS FOR EACH MAGISTERIAL JURY AREA, SO AS TO REQUIRE THE LIST BE PREPARED IN OCTOBER OF EACH YEAR, DELETE THE REQUIREMENT THE LIST BE PREPARED ON A PRECINCT BY PRECINCT BASIS, AND REQUIRE IT BE COMPILED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 14-7-130; TO AMEND SECTIONS 22-2-80 AND 22-2-90, BOTH AS AMENDED, RELATING TO SELECTION OF A JURY IN MAGISTRATES COURT, SO AS TO INCREASE THE SIZE OF THE JURY POOL FROM WHICH A JURY IS SELECTED AND CHANGE THE TIME FOR SELECTING PERSONS TO SERVE ON A JURY; TO AMEND SECTION 22-2-100, RELATING TO THE PROCEDURE FOR SELECTING PRIMARY AND ALTERNATE JURORS IN MAGISTRATES COURT, SO AS TO CHANGE LANGUAGE CONSISTENT WITH OTHER CHANGES MADE IN SECTION 14-25-165; AND TO AMEND SECTION 22-2-120, RELATING TO THE SELECTION OF ADDITIONAL JURORS IN MAGISTRATES COURT AT THE TIME OF TRIAL, SO AS TO DELETE ARCHAIC LANGUAGE. Be it enacted by the General Assembly of the State of South Carolina: Juries, municipal, drawing and composing SECTION 1. Section 14-25-165 of the 1976 Code, as last amended by Act 257 of 2000, is further amended to read: "Section 14-25-165. (a)(1) The drawing and composing of juries for single trials or terms of court must be conducted, with necessary changes, according to the statutes relating to the drawing and composing of juries in magistrates courts, except as otherwise specifically provided by this chapter.
(2) A person appointed by the municipal judge who is not connected with the trial of the case for either party must draw out of Compartment 'A' of the jury box at least thirty but not more than one hundred names, and the list of names drawn must be delivered to each party or to the attorney
(3) If a court has experienced difficulty in drawing a sufficient number of jurors from the qualified electors of the area, and, before implementing a process pursuant to this item, seeks and receives the approval of South Carolina Court Administration, the person selected by the presiding municipal judge may draw at least one hundred names but not more than a number determined sufficient by court administration for the jury list, and must deliver this list to each party or the (b)(1) In addition to the procedure for drawing a jury list as provided for in subsection (a), in those courts which schedule terms for jury trials, the judge may select a jury list in the manner provided by this subsection. (2) At least ten but not more than forty-five days before a scheduled term of jury trials, a person selected by the presiding judge must draw at least forty but not more than one hundred jurors to serve one week only. (3) If a court has experienced difficulty in drawing a sufficient number of jurors from the qualified electors of the area, and, before implementing a process pursuant to this item, seeks and receives the approval of South Carolina Court Administration, the person selected by the presiding municipal judge may draw at least one hundred names but not more than a number determined sufficient by court administration to serve one week only.
(4) Immediately after the jurors are drawn, the judge must issue a writ of venire facias for the jurors requiring their (c) The names drawn pursuant to either subsection (a) or (b) must be placed in a box or hat and individual names randomly drawn out one at a time until six jurors and four alternates are selected. Each party has a maximum of six peremptory challenges as to primary jurors and four peremptory challenges as to alternate jurors and any other challenges for cause the court permits. If for any reason it is impossible to select sufficient jurors and alternates from the names drawn, names must be drawn randomly from Compartment 'A' until sufficient jurors and alternates are selected." State Election Commission, to prepare jury list SECTION 2. Section 22-2-50 of the 1976 Code is amended to read: "Section 22-2-50. In October of each year, the State Election Commission must provide to the chief magistrate for administration of each county, at no cost, a jury list compiled in accordance with the provisions of Section 14-7-130. The chief magistrate for administration of the county must use these lists in preparing, for each jury area, a list of the qualified electors in these jury areas, and must forward these lists to the respective magistrates." Manner of selection of jury list SECTION 3. Section 22-2-80 of the 1976 Code, as last amended by Act 257 of 2000, is further amended to read: "Section 22-2-80. (A) In all cases except as provided in Section 22-2-90 in a magistrates court in which a jury is required, a jury list must be selected in the following manner:
A person appointed by the magistrate who is not connected with the trial of the case for either party must draw out of Compartment 'A' of the jury box at least thirty but not more than one hundred names, and this list of names must be delivered to each party or to the
(B) If a court has experienced difficulty in drawing a sufficient number of jurors from the qualified electors of the area, and, before implementing a process pursuant to this subsection, seeks and receives the approval of South Carolina Court Administration, the person selected by the presiding magistrate may draw at least one hundred names but not more than a number determined sufficient by court administration for the jury list, and must deliver this list to each party or the Addition procedure for drawing jury list SECTION 4. Section 22-2-90 of the 1976 Code, as last amended by Act 257 of 2000, is further amended to read: "Section 22-2-90. (A) In addition to the procedure for drawing a jury list as provided for in Section 22-2-80, in a magistrates court which schedules terms for jury trials, the magistrate may select a jury list in the manner provided by this section. (B) At least ten but not more than forty-five days before a scheduled term of jury trials, a person selected by the presiding magistrate must draw at least forty but not more than one hundred jurors to serve one week only. (C) If a court has experienced difficulty in drawing a sufficient number of jurors from the qualified electors of the area, and, before implementing a process pursuant to this subsection, seeks and receives the approval of South Carolina Court Administration, the person selected by the presiding magistrate may draw at least one hundred names but not more than a number determined sufficient by court administration to serve one week only.
(D) Immediately after the jurors are drawn, the magistrate must issue a writ of venire facias for the jurors requiring their Procedure for selecting jury members SECTION 5. Section 22-2-100 of the 1976 Code is amended to read: "Section 22-2-100. The names drawn pursuant to either Section 22-2-80 or Section 22-2-90 must be placed in a box or hat and individual names randomly drawn out one at a time until six jurors and four alternates are selected. Each party has a maximum of six peremptory challenges as to primary jurors and four peremptory challenges as to alternate jurors and any other challenges for cause the court permits. If for any reason it is impossible to select sufficient jurors and alternates from the names drawn, names must be drawn randomly from Compartment 'A' until sufficient jurors and alternates are selected." Insufficient number of jurors, additional jurors to be selected SECTION 6. Section 22-2-120 of the 1976 Code is amended to read:
"Section 22-2-120. If at the time set for the trial there are not sufficient jurors to proceed because one or more have failed to Time effective SECTION 7. This act takes effect upon approval by the Governor. Ratified the 3rd day of June, 2004. Approved the 8th day of September, 2004.
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