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S*578
Session 116 (2005-2006)


S*0578(Rat #0211, Act #0224 of 2006)  General Bill, By Martin and Ford

Similar(H 3261) AN ACT TO AMEND SECTION 14-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF THE COMPUTER BY A COUNTY FOR DRAWING AND SUMMONING JURORS, SO AS TO PROVIDE THAT COMPUTER SOFTWARE EMPLOYED FOR THIS PURPOSE MUST BE DESIGNED SO AS TO ENSURE A RANDOM SELECTION OF JURORS FROM THE POPULATION AVAILABLE FOR JURY DUTY, TO PROVIDE THAT PHYSICAL PRESENCE OF JURY COMMISSIONERS IS NOT REQUIRED, THE DRAWING AND SUMMONING MUST TAKE PLACE PUBLICLY IN THE OFFICE OF THE CLERK OF COURT, AND THE SUPREME COURT SHALL DIRECT BY ORDER APPROPRIATE PROCEDURES REQUIRED TO IMPLEMENT THE PROVISIONS OF THIS SECTION; TO AMEND SECTION 14-7-230, RELATING TO PROCEDURE FOR DRAWING A JUROR, SO AS DELETE THE REQUIREMENT THAT IT BE ACCOMPLISHED WITH EITHER A PERSON WHO IS TOTALLY BLIND OR BY A CHILD UNDER THE AGE OF TEN YEARS OLD, AND TO AUTHORIZE THE CLERK OF COURT TO DESIGNATE A RESPONSIBLE AND IMPARTIAL PERSON OR BY COMPUTER SUBJECT TO THE PROVISIONS OF SECTION 14-7-140; AND TO AMEND SECTION 14-7-1060, RELATING TO CLERK OF COURT WRITING THE NAMES OF JURORS ON SEPARATE PIECES OF PAPER, SO AS TO PROVIDE THAT THIS PROCEDURE IS NOT REQUIRED IF A COMPUTER IS USED TO DRAW THE NAMES OF JURORS, TO DELETE THE REQUIREMENT THAT A CHILD UNDER THE AGE OF TEN OR A BLIND PERSON BE USED TO DRAW A JURY, AND TO AUTHORIZE THE CLERK, WITH THE APPROVAL OF THE PRESIDING JUDGE, TO DESIGNATE A RESPONSIBLE AND IMPARTIAL PERSON TO DRAW CAPSULES TO SELECT THE JURORS. - ratified title 03/03/05 Senate Introduced and read first time SJ-13 03/03/05 Senate Referred to Committee on Judiciary SJ-13 04/19/05 Senate Committee report: Favorable with amendment Judiciary SJ-11 04/20/05 Senate Amended SJ-40 04/20/05 Senate Read second time SJ-40 04/21/05 Senate Read third time and sent to House SJ-12 04/21/05 Scrivener's error corrected 04/26/05 House Introduced and read first time HJ-12 04/26/05 House Referred to Committee on Judiciary HJ-12 06/02/05 House Recalled from Committee on Judiciary HJ-54 01/10/06 House Read second time HJ-61 01/11/06 House Read third time and enrolled HJ-17 01/31/06 Ratified R 211 02/03/06 Signed By Governor 02/07/06 Copies available 02/07/06 Effective date 02/03/06 02/10/06 Act No. 224




S. 578

(A224, R211, S578)

AN ACT TO AMEND SECTION 14-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF THE COMPUTER BY A COUNTY FOR DRAWING AND SUMMONING JURORS, SO AS TO PROVIDE THAT COMPUTER SOFTWARE EMPLOYED FOR THIS PURPOSE MUST BE DESIGNED SO AS TO ENSURE A RANDOM SELECTION OF JURORS FROM THE POPULATION AVAILABLE FOR JURY DUTY, TO PROVIDE THAT PHYSICAL PRESENCE OF JURY COMMISSIONERS IS NOT REQUIRED, THE DRAWING AND SUMMONING MUST TAKE PLACE PUBLICLY IN THE OFFICE OF THE CLERK OF COURT, AND THE SUPREME COURT SHALL DIRECT BY ORDER APPROPRIATE PROCEDURES REQUIRED TO IMPLEMENT THE PROVISIONS OF THIS SECTION; TO AMEND SECTION 14-7-230, RELATING TO PROCEDURE FOR DRAWING A JUROR, SO AS DELETE THE REQUIREMENT THAT IT BE ACCOMPLISHED WITH EITHER A PERSON WHO IS TOTALLY BLIND OR BY A CHILD UNDER THE AGE OF TEN YEARS OLD, AND TO AUTHORIZE THE CLERK OF COURT TO DESIGNATE A RESPONSIBLE AND IMPARTIAL PERSON OR BY COMPUTER SUBJECT TO THE PROVISIONS OF SECTION 14-7-140; AND TO AMEND SECTION 14-7-1060, RELATING TO CLERK OF COURT WRITING THE NAMES OF JURORS ON SEPARATE PIECES OF PAPER, SO AS TO PROVIDE THAT THIS PROCEDURE IS NOT REQUIRED IF A COMPUTER IS USED TO DRAW THE NAMES OF JURORS, TO DELETE THE REQUIREMENT THAT A CHILD UNDER THE AGE OF TEN OR A BLIND PERSON BE USED TO DRAW A JURY, AND TO AUTHORIZE THE CLERK, WITH THE APPROVAL OF THE PRESIDING JUDGE, TO DESIGNATE A RESPONSIBLE AND IMPARTIAL PERSON TO DRAW CAPSULES TO SELECT THE JURORS.

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

Drawing and summoning jurors

SECTION    1.    Section 14-7-140 of the 1976 Code, as last amended by Act 299 of 1988, is further amended to read:

"Section 14-7-140.    Notwithstanding the provisions of this chapter, the jury commissioners of a county, when drawing and summoning jurors for the court of common pleas, general sessions, or the grand jury, may utilize a computer for this purpose at the discretion of the governing body of the county. Computer software employed for the purpose of drawing and summoning jurors must be designed so as to ensure a random selection of jurors from the population available for jury service. The physical presence of all the jury commissioners is not required at the computerized drawing and summoning of jurors if the governing body of the county establishes a secure procedure allowing for their participation by other means. The computerized drawing and summoning of jurors must take place in the office of the clerk of court as a public event to ensure the absolute integrity of the random selection process. The Supreme Court shall direct by order the appropriate procedures required to implement the provisions of this section."

Clerk may use computer or responsible person to draw jurors

SECTION    2.    Section 14-7-230 of the 1976 Code is amended to read:

"Section 14-7-230.    The clerk of court must use one of the following methods for drawing the names of jurors for the purpose of impaneling a jury:

(1)    drawing of the names of jurors by a responsible and impartial person designated by the clerk of court, with the approval of the presiding judge; or

(2)    drawing of the names of jurors by computer, subject to the provisions of Section 14-7-140."

Procedure changed for drawing jurors

SECTION    3.    Section 14-7-1060 of the 1976 Code is amended to read:

"Section 14-7-1060.    If a computer is not used for the drawing of jurors pursuant to the provisions of Section 14-7-140, the clerk shall write or cause the names of the jurors in attendance to be written, each on a separate paper or ballot which must be white and plain, which must resemble each other as much as possible, and which must be so folded that the name written thereon is not visible on the outside. The clerk shall place each of the ballots or separate papers in a separate, small opaque capsule or container, which must be as uniform in size, shape, and color as possible at the time of original purchase or repurchase of the capsules or containers. Whenever a jury panel of twenty is to be drawn, these capsules or containers must be placed in a small rotating drum, cylindrical in shape, having a handle at the end thereof and resting on such supports that it can be turned by means of the handle, the drum, capsules, and other equipment to be furnished by the jury commissioners and approved by the resident judge. When the containers or capsules have been placed in the drum, it must be completely closed and securely fastened and rotated by means of the handle for a sufficient length of time necessary for a complete mixing of the containers or capsules and the required number of jurors must then be drawn, one by one, by a responsible and impartial person designated by the clerk of court, with the approval of the presiding judge. The names of the jurors so drawn must be returned to the capsules and replaced in the drum when the jurors are no longer actually engaged in service on a trial jury."

Time effective

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

Ratified the 31st day of January, 2006.

Approved the 3rd day of February, 2006.

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