Current Status Introducing Body:Senate Bill Number:1168 Primary Sponsor:Saleeby Type of Legislation:JR Subject:Jury, right of trial by Residing Body:Senate Companion Bill Number:4139 Computer Document Number:NO5/7941.BD Introduced Date:Jan 15, 1992 Last History Body:Senate Last History Date:Feb 06, 1992 Last History Type:Committee Report: majority favorable, with amendment, minority unfavorable Scope of Legislation:Statewide All Sponsors:Saleeby Type of Legislation:Joint Resolution
Bill Body Date Action Description CMN
---- ------ ------------ ------------------------------ ---
1168 Senate Feb 06, 1992 Committee Report: majority 11
favorable, with amendment,
minority unfavorable
1168 Senate Jan 15, 1992 Introduced, read first time, 11
referred to Committee
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Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
February 6, 1992
S. 1168
S. Printed 2/6/92--S.
Read the first time January 15, 1992.
To whom was referred a Joint Resolution (S. 1168), proposing an amendment to Section 14, Article I of the Constitution of South Carolina, 1895, relating to the right of trial by jury, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the resolution, as and if amended, page 1, line 28, in SECTION 1, by striking /./ and inserting therein /., except that the General Assembly may provide for nonjury bench trials in cases at law when the amount in controversy is twenty-five thousand dollars or less./ .
Amend the resolution further, as and if amended, page 1, beginning on line 35, in SECTION 1, by striking /The General Assembly may provide for nonjury bench trials in cases at law when the amount in controversy is twenty-five thousand dollars or less./
Amend title to conform.
Majority favorable. Minority unfavorable.
EDWARD E. SALEEBY THEO W. MITCHELL
For Majority. For Minority.
PROPOSING AN AMENDMENT TO SECTION 14, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE RIGHT OF TRIAL BY JURY AND THE RIGHTS OF DEFENDANTS IN CRIMINAL CASES, SO AS TO AUTHORIZE THE GENERAL ASSEMBLY TO PROVIDE FOR NONJURY BENCH TRIALS IN CASES AT LAW WHEN THE AMOUNT IN CONTROVERSY IS TWENTY-FIVE THOUSAND DOLLARS OR LESS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 14, Article I of the Constitution of this State be amended to read:
"Section 14. The right of trial by jury shall be is preserved inviolate. Any A person charged with an offense shall enjoy the right to a speedy and public trial by an impartial jury; to be fully informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to be fully heard in his defense by himself or by his counsel or by both. The General Assembly may provide for nonjury bench trials in cases at law when the amount in controversy is twenty-five thousand dollars or less."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 14, Article I of the Constitution of this State relating to the right of trial by jury and the rights of defendants in criminal cases be amended so as to authorize the General Assembly to provide for nonjury bench trials in cases at law when the amount in controversy is twenty-five thousand dollars or less?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word `Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word `No'."