H 3975 Session 111 (1995-1996)
H 3975 General Bill, By Harrison
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
16-9-265 so as to provide that contacting a juror or a person associated with
a juror or in the presence of a juror who has served in a capital offense
proceeding under certain circumstances is a felony, to provide conditions upon
which a juror who has served in a capital offense proceeding may be contacted,
and to provide penalties.
04/11/95 House Introduced and read first time HJ-3
04/11/95 House Referred to Committee on Judiciary HJ-3
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING SECTION 16-9-265 SO AS TO PROVIDE
THAT CONTACTING A JUROR OR A PERSON ASSOCIATED
WITH A JUROR OR IN THE PRESENCE OF A JUROR WHO
HAS SERVED IN A CAPITAL OFFENSE PROCEEDING
UNDER CERTAIN CIRCUMSTANCES IS A FELONY, TO
PROVIDE CONDITIONS UPON WHICH A JUROR WHO HAS
SERVED IN A CAPITAL OFFENSE PROCEEDING MAY BE
CONTACTED, AND TO PROVIDE PENALTIES.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 16-9-265. (A) A juror, or a person who was
associated with or in the presence of a juror, who served on a jury
impanelled to decide a capital offense case must not be contacted or
attempted to be contacted or communicated with as follows and as
provided in subsection (B):
(1) personally or through another person in any manner;
(2) by a person under the direction or with the assistance of a
third person; or
(3) by a person who has been provided information, advice,
or other means to attempt the contact or complete the contact from
a third person.
(B) Pursuant to subsection (A), attempted contact, contact, and
communication are prohibited to determine:
(1) what the juror or members of the jury discussed;
(2) the reasons or basis for the jury's verdict or sentence;
(3) whether the jurors followed the law and instructions
charged to the jury by the court; or
(4) other matters relied upon or discussed by the jury relevant
to the verdict, sentence, or relating to the juror's service or
activities while serving on the jury.
(C) Notwithstanding the provisions contained in subsections (A)
and (B), a juror who served on a jury impanelled to decide a capital
offense case may be contacted if the:
(1) solicitor who prosecuted the case and the solicitor serving
in the county in which the case was decided are given written
notice identifying the juror to be contacted and the reasons the
contact is necessary;
(2) circuit court judge who presided in the capital case
conducts a full hearing and determines that contacting the juror is
justified and supported by clear and convincing evidence which is
specified in an order and specifies the conditions upon which the
juror may be contacted; and
(3) juror testifies during the hearing that he freely and
voluntarily agrees to be contacted.
(D) A person who violates the provisions of subsections (A),
(B), or (C) is guilty of a felony and, upon conviction, must be fined
not more than five thousand dollars or imprisoned not more than
five years, or both."
SECTION 2. This act takes effect upon approval by the
Governor.
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