S 1211 General Bill, By Bryan and Giese

Similar(H 4737)
 A BILL TO AMEND SECTION 14-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE PREPARATION OF A JURY LIST FROM A COMPUTER TAPE OF
 PERSONS HOLDING A VALID SOUTH CAROLINA DRIVER'S LICENSE OR IDENTIFICATION
 CARD, SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST SUPPLY THE
 COMPUTER TAPE TO THE STATE ELECTION COMMISSION EVERY YEAR INSTEAD OF EVERY
 THREE YEARS AND THAT THE TAPE MUST INCLUDE ALL PERSONS WHO OBTAINED A VALID
 DRIVER'S LICENSE OR IDENTIFICATION CARD DURING THE PREVIOUS YEAR AND EXCLUDE
 ALL PERSONS WHOSE DRIVER'S LICENSE OR IDENTIFICATION CARD HAS BEEN INVALIDATED
 BY JUDICIAL OR ADMINISTRATIVE ACTION OR WHO FAILED TO RENEW A DRIVER'S LICENSE
 OR IDENTIFICATION CARD, TO MAKE A TECHNICAL CHANGE, TO DELETE THE PROVISION
 REQUIRING THE DEPARTMENT TO FURNISH COUNTY JURY COMMISSIONERS WITH A TAPE OR
 LIST CONTAINING NEWLY LICENSED DRIVERS OR IDENTIFICATION CARD HOLDERS OVER THE
 AGE OF EIGHTEEN DURING THE YEARS IN WHICH JURY LISTS ARE NOT FURNISHED TO
 COUNTY JURY COMMISSIONERS BY THE STATE ELECTION COMMISSION, AND TO DELETE THE
 PROVISION REQUIRING THE STATE ELECTION COMMISSION TO FURNISH COUNTY JURY
 COMMISSIONERS WITH A TAPE OR LIST OF NEWLY REGISTERED VOTERS IN THE COUNTY
 ADDED SINCE ITS LAST REPORT; TO AMEND SECTION 14-7-250, AS AMENDED, RELATING
 TO THE DISPOSITION OF THE NAMES OF PERSONS WHO ARE DRAWN AND WHO SERVE AS
 JURORS, SO AS TO REVISE THIS PROVISION TO INCLUDE PERSONS WHO ATTEND A SESSION
 OF COURT AS A MEMBER OF A JURY POOL; AND TO AMEND SECTION 14-17-850, AS
 AMENDED, RELATING TO A PERSON'S LIABILITY TO BE DRAWN AND SERVE AS A JUROR
 MORE THAN ONCE DURING A YEAR, SO AS TO DELETE THE PROVISION THAT REQUIRES A
 PERSON WHO SERVES AS A JUROR BE EXEMPTED FROM JURY SERVICE UNDER CERTAIN
 CIRCUMSTANCES.

   03/02/00  Senate Introduced and read first time SJ-4
   03/02/00  Senate Referred to Committee on Judiciary SJ-4

TO AMEND SECTION 14-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREPARATION OF A JURY LIST FROM A COMPUTER TAPE OF PERSONS HOLDING A VALID SOUTH CAROLINA DRIVER'S LICENSE OR IDENTIFICATION CARD, SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST SUPPLY THE COMPUTER TAPE TO THE STATE ELECTION COMMISSION EVERY YEAR INSTEAD OF EVERY THREE YEARS AND THAT THE TAPE MUST INCLUDE ALL PERSONS WHO OBTAINED A VALID DRIVER'S LICENSE OR IDENTIFICATION CARD DURING THE PREVIOUS YEAR AND EXCLUDE ALL PERSONS WHOSE DRIVER'S LICENSE OR IDENTIFICATION CARD HAS BEEN INVALIDATED BY JUDICIAL OR ADMINISTRATIVE ACTION OR WHO FAILED TO RENEW A DRIVER'S LICENSE OR IDENTIFICATION CARD, TO MAKE A TECHNICAL CHANGE, TO DELETE THE PROVISION REQUIRING THE DEPARTMENT TO FURNISH COUNTY JURY COMMISSIONERS WITH A TAPE OR LIST CONTAINING NEWLY LICENSED DRIVERS OR IDENTIFICATION CARD HOLDERS OVER THE AGE OF EIGHTEEN DURING THE YEARS IN WHICH JURY LISTS ARE NOT FURNISHED TO COUNTY JURY COMMISSIONERS BY THE STATE ELECTION COMMISSION, AND TO DELETE THE PROVISION REQUIRING THE STATE ELECTION COMMISSION TO FURNISH COUNTY JURY COMMISSIONERS WITH A TAPE OR LIST OF NEWLY REGISTERED VOTERS IN THE COUNTY ADDED SINCE ITS LAST REPORT; TO AMEND SECTION 14-7-250, AS AMENDED, RELATING TO THE DISPOSITION OF THE NAMES OF PERSONS WHO ARE DRAWN AND WHO SERVE AS JURORS, SO AS TO REVISE THIS PROVISION TO INCLUDE PERSONS WHO ATTEND A SESSION OF COURT AS A MEMBER OF A JURY POOL; AND TO AMEND SECTION 14-17-850, AS AMENDED, RELATING TO A PERSON'S LIABILITY TO BE DRAWN AND SERVE AS A JUROR MORE THAN ONCE DURING A YEAR, SO AS TO DELETE THE PROVISION THAT REQUIRES A PERSON WHO SERVES AS A JUROR BE EXEMPTED FROM JURY SERVICE UNDER CERTAIN CIRCUMSTANCES.

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

SECTION 1. Section 14-7-130 of the 1976 Code, as last amended by Act 467 of 1996, is further amended to read:

"Section 14-7-130. In September of 1996 and every third each year thereafter in this same month, the Department of Public Safety shall furnish the State Election Commission a computer tape 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 computer tape 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 1996 and every third each year thereafter in this same month, the State Election Commission shall furnish a jury list to county jury commissioners consisting of a tape or list derived by merging the list of registered voters in the county with county residents appearing on the tape 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. Prior to Before furnishing the list, the commission shall 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 tape constitutes the roll of eligible jurors in the county. Expenses of the Department of Public Safety and State Election Commission in implementing this section must be borne by these agencies.

In addition to the above provisions of this section, in September of those years in which jury lists are not furnished to county jury commissioners by the State Election Commission, the department shall furnish the county jury commissioners with a tape or list of newly licensed drivers or identification card holders over the age of eighteen in the county added since its last report, and the State Election Commission shall furnish the county jury commissioners with a tape or list of newly registered voters in the county added since its last report. The county jury commissioners are authorized to incorporate these new names into its roll of eligible jurors in the county."

SECTION 2. Section 14-7-250 of the 1976 Code, as last amended by Act 233 of 1996, is further amended to read:

"Section 14-7-250. The names of those who are drawn and actually serve as jurors attend a session of court as a member of a jury pool 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 is required to 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.

Nothing contained in this article prohibits a person whose name has been properly drawn and who desires to serve as a juror from serving more frequently than once every three calendar years, except that no person shall serve as a juror more than once every calendar year as provided in Section 14-7-850."

SECTION 3. Section 14-7-850 of the 1976 Code, as last amended by Act 233 of 1996, is further amended to read:

"Section 14-7-850. No person is liable to be drawn and serve as a juror in any court more often than once every three calendar years and no person shall serve as a juror more than once every calendar year, but he is not exempt unless he actually attends and serves as a juror in pursuance of such draft, nor is he exempt from serving on a jury in any other court in consequence of his having served before a magistrate."

SECTION 4. This act takes effect upon approval by the Governor.