Bill 3691

                    Current Status

Introducing Body:               House
Bill Number:                    3691
Primary Sponsor:                Harrison
Committee Number:               11
Type of Legislation:            JR
Subject:                        Circuit court petit jury,
                                members
Residing Body:                  Senate
Current Committee:              Judiciary
Companion Bill Number:          517
Computer Document Number:       NO5/8941SD.93
Introduced Date:                19930311    
Date of Last Amendment:         19940119    
Last History Body:              Senate
Last History Date:              19940125    
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   Harrison
                                     Sharpe
                                     Quinn
                                     Kinon
                                     H. Brown
                                     Corning
                                     Sheheen
                                     Wilkins
                                     Stuart
                                     Walker
                                     A. Young
                                     R. Smith
                                     Shissias
                                     Riser
                                     Law
                                     Wright
                                     Jaskwhich
                                     Keegan
                                     Gamble
                                     Wofford
Type of Legislation:            Joint
                                Resolution

Bill  Body    Date          Action Description              CMN  Leg Involved
____  ______  ____________  ______________________________  ___  ____________

3691  Senate  19940125      Introduced, read first time,    11
                            referred to Committee
3691  House   19940120      Read third time, sent to
                            Senate
3691  House   19940119      Amended, read second time
3691  House   19930422      Committee Report: majority      25
                            favorable, with amendment,
                            minority unfavorable
3691  House   19930311      Introduced, read first time,    25
                            referred to Committee

Indicates Matter Stricken
Indicates New Matter

AMENDED

January 19, 1994

H. 3691

Introduced by REPS. Harrison, Sharpe, Quinn, Kinon, H. Brown, Corning, Sheheen, Wilkins, Stuart, Walker, A. Young, R. Smith, Shissias, Riser, Law, Wright, Jaskwhich, Keegan, Gamble and Wofford

S. Printed 1/19/94--H.

Read the first time March 11, 1993.

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO SECTION 22, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO GRAND AND PETIT JURIES, SO AS TO PROVIDE THAT THE PETIT JURY OF THE CIRCUIT COURT RATHER THAN TWELVE MEMBERS SHALL CONSIST OF THAT NUMBER OF JURORS PROVIDED BY LAW AND THAT THE NUMBER OF JURORS OF OTHER COURTS OF THIS STATE MUST ALSO BE AS PROVIDED BY LAW.

Amend Title To Conform

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

SECTION 1. It is proposed that Section 22, Article V of the Constitution of this State be amended to read:

"Section 22. The petit jury of the Circuit Court of General Sessions shall consist of twelve members and the number of jurors in the Court of Common Pleas and of other courts shall consist of not fewer than six and not more than twelve members as seated by the court and all jurors in the civil courts shall participate in the verdict unless excused from service by the court. Unless the parties otherwise stipulate in civil actions, (1) the verdict shall be unanimous and (2) no verdict shall be taken from a jury reduced in size to fewer than six members must be determined by law. All jurors in any trial criminal court must agree to a verdict in order to render the same. The grand jury of each county, and the state grand jury, as the General Assembly may establish by general law, shall consist of eighteen members, twelve of whom must agree in a matter before it can be submitted to the Court. Each juror must be a resident of this State and have such other qualifications as the General Assembly may prescribe.

Nothing herein shall prevent the General Assembly by law from providing that juries in magistrate's courts and in municipal courts exercising the same jurisdiction shall consist of six members."

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 22, Article V of the Constitution of this State relating to grand and petit juries be amended so as to provide that the juries of all courts of this State, except for the court of general sessions and magistrate's and municipal courts, shall consist of not fewer than six nor more than twelve members as seated by the court and that in the civil courts all jurors shall participate in the verdict unless excused by the court and that the verdict in civil actions shall be unanimous and no verdict shall be taken from a jury reduced in size to fewer than six members unless the parties otherwise stipulate?

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'."