Current Status Introducing Body:House Bill Number:4139 Primary Sponsor:J. Bailey Committee Number:25 Type of Legislation:JR Subject:Jury, right of trial by Residing Body:House Current Committee:Judiciary Companion Bill Number:1168 Computer Document Number:NO5/7942.BD Introduced Date:Jan 14, 1992 Last History Body:House Last History Date:Jan 14, 1992 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:J. Bailey Corning Quinn Scott Type of Legislation:Joint Resolution
Bill Body Date Action Description CMN
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4139 House Jan 14, 1992 Introduced, read first time, 25
referred to Committee
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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'."