South Carolina Legislature


 

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H*3606
Session 109 (1991-1992) 

H*3606(Rat #0601, Act #0483 of 1992)  General Bill, By C.Y. Waites, 
D.M. Beasley, T.M. Burriss, Cork, R.S. Corning, J.L.M. Cromer, Glover, 
T.E. Huff, K.G. Kempe, H.H. Keyserling, M.H. Kinon, A.C. McGinnis, Quinn, 
J. Rama, T.F. Rogers and I.K. Rudnick
 A Bill to amend Sections 14-7-190 and 14-7-200, Code of Laws of South
 Carolina, 1976, relating to drawing of petit jurors to serve as jury pool, so
 as to provide that jurors be drawn not less than fifteen days instead of ten
 days before the term of court; to amend Section 14-7-250, relating to the
 disposition of names of those drawn and who serve on juries, so as to provide
 that a juror may only serve only once within three years; to amend Section
 14-7-1550, relating to the drawing of grand jury venire, so as to increase the
 number drawn from thirty to fifty; and to repeal Section 14-7-400 relating to
 the date by which the sheriff must summon jurors.-amended title

   02/26/91  House  Introduced and read first time HJ-40
   02/26/91  House  Referred to Committee on Judiciary HJ-41
   04/17/91  House  Committee report: Favorable Judiciary HJ-17
   04/25/91  House  Read second time HJ-67
   04/25/91  House  Unanimous consent for third reading on next
                     legislative day HJ-68
   04/26/91  House  Read third time and sent to Senate HJ-2
   04/29/91  Senate Introduced and read first time SJ-6
   04/29/91  Senate Referred to Committee on Judiciary SJ-6
   05/20/92  Senate Committee report: Favorable with amendment
                     Judiciary SJ-17
   05/21/92  Senate Amended SJ-32
   05/21/92  Senate Read second time SJ-32
   05/21/92  Senate Ordered to third reading with notice of
                     amendments SJ-32
   05/27/92  Senate Read third time and returned to House with
                     amendments SJ-76
   06/02/92  House  Concurred in Senate amendment and enrolled HJ-72
   06/04/92         Ratified R 601
   07/01/92         Signed By Governor
   07/01/92         Effective date 07/01/92
   07/01/92         Act No. 483
   07/14/92         Copies available



(A483, R601, H3606)

AN ACT TO AMEND SECTIONS 14-7-190 AND 14-7-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRAWING OF PETIT JURORS TO SERVE AS JURY POOL, SO AS TO PROVIDE THAT JURORS BE DRAWN NOT LESS THAN FIFTEEN DAYS INSTEAD OF TEN DAYS BEFORE THE TERM OF COURT; TO AMEND SECTION 14-7-250, RELATING TO THE DISPOSITION OF NAMES OF THOSE DRAWN AND WHO SERVE ON JURIES, SO AS TO PROVIDE THAT A JUROR MAY SERVE ONLY ONCE WITHIN THREE YEARS; TO AMEND SECTION 14-7-1550, RELATING TO THE DRAWING OF GRAND JURY VENIRE, SO AS TO INCREASE THE NUMBER DRAWN FROM THIRTY TO FIFTY; AND TO REPEAL SECTION 14-7-400 RELATING TO THE DATE BY WHICH THE SHERIFF MUST SUMMON JURORS.

Be it enacted by the General Assembly of the State of South Carolina:

Drawing of jury pool

SECTION 1. The first paragraph of Section 14-7-190 of the 1976 Code is amended to read:

"Not less than fifteen days nor more than thirty-five days before the first day of any week in which more than one term of court requiring juries is scheduled in a county, the jury commissioners shall draw a number of petit jurors to serve as a jury pool, from which the courts shall draw panels of jurors as needed according to the following schedule:"

Time to draw petit jury

SECTION 2. Section 14-7-200 of the 1976 Code is amended to read:

"Section 14-7-200. Not less than fifteen nor more than thirty-five days before the first day of each week of any regular or special term of the circuit court the jury commissioners shall proceed to draw seventy-five petit jurors to serve for that week only. The jury commissioners shall randomly select the seventy-five jurors and shall not excuse or disqualify any juror who has been selected. Immediately after the petit jurors are drawn, the clerk of the court of common pleas shall issue his writ of venire facias for the petit jurors, requiring their attendance on the first day of the week for which they have been drawn and this writ of venire facias must be immediately delivered to the sheriff of the county."

Disposition of jury names drawn and who serves

SECTION 3. Section 14-7-250 of the 1976 Code is amended to read:

"Section 14-7-250. The names of those who are drawn and actually serve as jurors must be placed in an envelope and must not be put back into the jury box until the first revision of the jury list provided for after they have been so drawn, to the end that no person shall serve as a juror more than once in three calendar years. Nothing contained in this article may be construed to be in conflict with the provisions of the law as to selecting by lot from the grand jury six members to serve for the ensuing year."

Grand jury venire increased

SECTION 4. Section 14-7-1550 of the 1976 Code is amended to read:

"Section 14-7-1550. Not less than fifteen days before the convening of the first term of the court of general sessions for the calendar year, the jury commissioners shall proceed to draw from the jury box fifty grand jurors. The grand jurors must be randomly drawn and listed as are jurors for trials, and the jury commissioners shall not disqualify or excuse any juror drawn. Immediately after these grand jurors are drawn, the clerk of the court of common pleas shall issue his writ of venire facias for these grand jurors, requiring their attendance on the first day of the first week of criminal court in the county or at such other time as the clerk of court may designate. This writ of venire facias must be delivered immediately to the sheriff of the county or otherwise served as provided by law."

Repeal

SECTION 5. Section 14-7-400 of the 1976 Code is repealed.

Time effective

SECTION 6. This act takes effect upon approval by the Governor.

Approved the 1st day of July, 1992.




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