H 3362 General Bill, By W.D. Smith and Altman
 A BILL TO AMEND SECTION 14-7-810, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO DISQUALIFICATIONS OF JURORS, SO AS TO CHANGE THE DISQUALIFICATION
 FOR A PERSON CONVICTED OF A CRIME PUNISHABLE BY IMPRISONMENT FOR MORE THAN ONE
 YEAR TO A CRIME PUNISHABLE BY IMPRISONMENT OF THIRTY DAYS OR MORE AND TO
 PROVIDE AN ADDITIONAL DISQUALIFICATION FOR A PERSON WHO HAS CRIMINAL CHARGES
 PENDING.

   01/25/05  House  Introduced and read first time HJ-11
   01/25/05  House  Referred to Committee on Judiciary HJ-11
   05/03/05  House  Member(s) request name added as sponsor: Altman
   05/18/05  House  Committee report: Favorable with amendment
                     Judiciary HJ-146
   05/19/05  House  Amended HJ-87
   05/19/05  House  Read second time HJ-89
   05/19/05  House  Unanimous consent for third reading on next
                     legislative day HJ-89
   05/20/05  House  Read third time and sent to Senate HJ-3
   05/24/05  Senate Introduced and read first time SJ-10
   05/24/05  Senate Referred to Committee on Judiciary SJ-10

Indicates Matter Stricken

Indicates New Matter

AMENDED

May 19, 2005

H. 3362

S. Printed 5/19/05--H.

Read the first time January 25, 2005.

TO AMEND SECTION 14-7-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISQUALIFICATIONS OF JURORS, SO AS TO CHANGE THE DISQUALIFICATION FOR A PERSON CONVICTED OF A CRIME PUNISHABLE BY IMPRISONMENT FOR MORE THAN ONE YEAR TO A CRIME PUNISHABLE BY IMPRISONMENT OF THIRTY DAYS OR MORE AND TO PROVIDE AN ADDITIONAL DISQUALIFICATION FOR A PERSON WHO HAS CRIMINAL CHARGES PENDING.

Amend Title To Conform

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

SECTION    1.    Section 14-7-810 of the 1976 Code is amended to read:

"Section 14-7-810.    (A)    In addition to any other provision of law, no person is qualified to serve as a juror in any a court in this State if he:

(1)    He has been convicted in a state or federal court of record of has a charge pending against him for the commission of, or has been convicted in a state or federal court of record of, a crime punishable by imprisonment for more than one year and his civil rights have not been restored by pardon or amnesty.

(2)    He is unable to read, write, speak, or understand the English language.

(3)    He is incapable by reason of mental or physical infirmities to render efficient jury service. Legal blindness does not disqualify an otherwise qualified juror.

(4)    He has less than a sixth grade education or its equivalent.

(B)    Any A person called to jury service who knows or has good reason to suspect that he is disqualified under pursuant to the provisions of this section, upon questioning by the trial judge, hearing officer, or clerk of court, must state the disqualifying facts or the reasons for his suspicions and any the failure to do so is punishable as contempt of court. The trial judge must make the final determination of the qualifications of a juror as set out provided in this section and his decision must not be disturbed on appeal."

SECTION    2.    Article 9, Chapter 7, Title 14 of the 1976 Code is amended by adding:

"Section 14-7-1125.    (A)    In every criminal court of record when a party that is a governmental agency, entity, or subdivision of government, including a solicitor or governmental prosecutor, has obtained a juror's criminal records, the party must make the records, excluding work product, available at no cost to the opposing party or opposing counsel at least forty-eight hours prior to beginning the process of qualifying the jury venire.

(B)    In every civil court of record in which a party has obtained a juror's criminal records, the party must make the records, excluding work product, available to the opposing party or opposing counsel pursuant to the South Carolina Rules of Civil Procedure governing discovery in civil cases."

SECTION    3.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION    4.    If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION    5.    This act takes effect upon approval by the Governor.