H*4229 Session 117 (2007-2008)
H*4229(Rat #0325, Act #0270 of 2008) General Bill, By McLeod
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
14-25-130 SO AS TO REQUIRE THE PREPARATION OF JURY LISTS FROM THE ELECTRONIC
FILE OF PERSONS HOLDING A VALID STATE DRIVER'S LICENSE OR IDENTIFICATION CARD
TO BE FURNISHED BY THE STATE ELECTION COMMISSION TO MUNICIPAL JURY
COMMISSIONERS; TO AMEND SECTIONS 14-25-125 AND 14-25-155, BOTH RELATING TO THE
COMPOSITION OF MUNICIPAL COURT JURY LISTS, BOTH SO AS TO PROVIDE THAT THE JURY
LIST TO BE USED BY THE MUNICIPALITY IS THE LIST PREPARED BY THE JURY
COMMISSIONERS FROM THE LATEST OFFICIAL LIST PROVIDED BY THE STATE ELECTION
COMMISSION; AND TO AMEND SECTION 14-7-130, AS AMENDED, RELATING TO THE
PREPARATION OF JURY LISTS OF PERSONS HOLDING A VALID STATE DRIVER'S LICENSE OR
IDENTIFICATION CARD, SO AS TO REQUIRE THE PREPARATION OF JURY LISTS FROM THE
ELECTRONIC FILE OF PERSONS HOLDING A VALID STATE DRIVER'S LICENSE OR
IDENTIFICATION CARD TO BE FURNISHED BY THE STATE ELECTION COMMISSION TO COUNTY
JURY COMMISSIONERS. - ratified title
06/05/07 House Introduced and read first time HJ-47
06/05/07 House Referred to Committee on Judiciary HJ-48
03/26/08 House Committee report: Favorable Judiciary HJ-6
03/27/08 House Read second time HJ-26
03/27/08 House Unanimous consent for third reading on next
legislative day HJ-27
03/27/08 Scrivener's error corrected
03/28/08 House Read third time and sent to Senate HJ-2
04/01/08 Senate Introduced and read first time SJ-4
04/01/08 Senate Referred to Committee on Judiciary SJ-4
04/21/08 Senate Referred to Subcommittee: Martin (ch), Ford,
Ritchie, Knotts, Cleary
05/14/08 Senate Committee report: Favorable with amendment
Judiciary SJ-10
05/15/08 Senate Committee Amendment Adopted SJ-17
05/15/08 Senate Read second time SJ-17
05/27/08 Senate Read third time and returned to House with
amendments SJ-10
05/29/08 House Concurred in Senate amendment and enrolled HJ-27
05/29/08 Ratified R 325
06/04/08 Signed By Governor
06/11/08 Copies available
06/11/08 Effective date 06/04/08
06/13/08 Act No. 270
H. 4229
(A270, R325, H4229)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-25-130 SO AS TO REQUIRE THE PREPARATION OF JURY LISTS FROM THE ELECTRONIC FILE OF PERSONS HOLDING A VALID STATE DRIVER'S LICENSE OR IDENTIFICATION CARD TO BE FURNISHED BY THE STATE ELECTION COMMISSION TO MUNICIPAL JURY COMMISSIONERS; TO AMEND SECTIONS 14-25-125 AND 14-25-155, BOTH RELATING TO THE COMPOSITION OF MUNICIPAL COURT JURY LISTS, BOTH SO AS TO PROVIDE THAT THE JURY LIST TO BE USED BY THE MUNICIPALITY IS THE LIST PREPARED BY THE JURY COMMISSIONERS FROM THE LATEST OFFICIAL LIST PROVIDED BY THE STATE ELECTION COMMISSION; AND TO AMEND SECTION 14-7-130, AS AMENDED, RELATING TO THE PREPARATION OF JURY LISTS OF PERSONS HOLDING A VALID STATE DRIVER'S LICENSE OR IDENTIFICATION CARD, SO AS TO REQUIRE THE PREPARATION OF JURY LISTS FROM THE ELECTRONIC FILE OF PERSONS HOLDING A VALID STATE DRIVER'S LICENSE OR IDENTIFICATION CARD TO BE FURNISHED BY THE STATE ELECTION COMMISSION TO COUNTY JURY COMMISSIONERS.
Be it enacted by the General Assembly of the State of South Carolina:
Municipal courts, jury lists
SECTION 1. Article 1, Chapter 25, Title 14 of the 1976 Code is amended by adding:
"Section 14-25-130. In September of each year, the Department of Motor Vehicles shall furnish the State Election Commission an electronic file of the name, address, date of birth, social security number, sex, and race of persons who are over the age of eighteen years and citizens of the United States residing in each municipality who hold a valid South Carolina driver's license or an identification card issued pursuant to state law. The electronic file also must include persons who have obtained a valid South Carolina driver's license or identification card during the previous year and exclude persons whose driver's license or identification card has not been renewed or has been invalidated by judicial or administrative action. In October of each year, the State Election Commission shall furnish a jury list to municipal jury commissioners consisting of a file or list derived by merging the list of registered voters in the municipality with municipal residents appearing on the file furnished by the department, but only those licensed drivers and identification cardholders who are eligible to register to vote may be included in the list. Before furnishing the list, the commission must make every effort to eliminate duplicate names and names of persons disqualified from registering to vote or voting pursuant to the laws and Constitution of this State. As furnished to the jury commissioners by the State Election Commission, the list or file constitutes the roll of eligible jurors in the municipality. Expenses of the Department of Motor Vehicles and the State Election Commission in implementing this section must be borne by these agencies."
Municipal courts, jury lists
SECTION 2. Section 14-25-125 of the 1976 Code is amended to read:
"Section 14-25-125. A person to be tried in a municipal court, prior to trial, may demand a jury trial, and the jury, when demanded, must be composed of six persons drawn from the jury list prepared by the jury commissioners from the latest official list furnished to the municipality by the State Election Commission each year in the manner prescribed in Section 14-25-130. The right to a jury trial shall be deemed to have been waived unless demand is made prior to trial."
Municipal courts, jury lists
SECTION 3. Section 14-25-155 of the 1976 Code is amended to read:
"Section 14-25-155. (A) The jury list of the municipality must be composed of all names on the jury list prepared by the jury commissioners from the latest official list furnished to the municipality by the State Election Commission each year in the manner prescribed in Section 14-25-130.
(B) Compartment 'A' of the jury box shall contain a separate ballot or number for each name on the jury list."
Circuit courts, jury lists
SECTION 4. Section 14-7-130 of the 1976 Code, as last amended by Act 257 of 2000, is further amended to read:
"Section 14-7-130. In September of each year, the Department of Motor Vehicles shall furnish the State Election Commission an electronic file of the name, address, date of birth, social security number, sex, and race of persons who are over the age of eighteen years and citizens of the United States residing in each county who hold a valid South Carolina driver's license or an identification card issued pursuant to Section 56-1-3350. The electronic file also must include persons who have obtained a valid South Carolina driver's license or identification card during the previous year and exclude persons whose driver's license or identification card has not been renewed or has been invalidated by judicial or administrative action. In October of each year, the State Election Commission shall furnish a jury list to county jury commissioners consisting of a file or list derived by merging the list of registered voters in the county with county residents appearing on the file furnished by the department, but only those licensed drivers and identification cardholders who are eligible to register to vote may be included in the list. Before furnishing the list, the commission must make every effort to eliminate duplicate names and names of persons disqualified from registering to vote or voting pursuant to the laws and Constitution of this State. As furnished to the jury commissioners by the State Election Commission, the list or file constitutes the roll of eligible jurors in the county. Expenses of the Department of Motor Vehicles and the State Election Commission in implementing this section must be borne by these agencies."
Time effective
SECTION 5. This act takes effect upon approval by the Governor.
Ratified the 29th day of May, 2008.
Approved the 4th day of June, 2008.
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