Current Status Introducing Body:House Bill Number:3894 Primary Sponsor:Cromer Type of Legislation:JR Subject:Public office, ineligible if guilty of felony Residing Body:Senate Companion Bill Number:77 Computer Document Number:DKA/4514HC.93 Introduced Date:19930407 Date of Last Amendment:19930526 Last History Body:Senate Last History Date:19940427 Last History Type:Committee Report: Favorable with amendment Scope of Legislation:Statewide All Sponsors:Cromer A. Young Quinn Meacham Fulmer Richardson Hallman R. Smith Govan Stone Waites McKay Neilson Simrill Jaskwhich Houck Davenport J. Harris P. Harris Hines Hutson Gamble Cato Vaughn Shissias Chamblee Wright Keyserling Keegan Spearman H. Brown Allison Thomas Harrell Riser Byrd Klauber Waldrop Stille R. Young Barber Kelley Gonzales Holt Delleney Jennings Canty Wilkes Type of Legislation:Joint Resolution
Bill Body Date Action Description CMN Leg Involved
---- ------ ------------ ------------------------------ --- ------------
3894 Senate 19940427 Committee Report: Favorable 11
with amendment
3894 Senate 19930601 Introduced, read first time, 11
referred to Committee
3894 House 19930527 Read third time, sent to
Senate
3894 House 19930526 Amended, read second time
3894 House 19930512 Committee Report: Favorable 25
with amendment
3894 House 19930407 Introduced, read first time, 25
referred to Committee
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Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
April 27, 1994
H. 3894
Introduced by REPS. Cromer, A. Young, Quinn, Meacham, Fulmer, Richardson, Hallman, R. Smith, Govan, Stone, Waites, McKay, Neilson, Simrill, Jaskwhich, Houck, Davenport, J. Harris, P. Harris, Hines, Hutson, Gamble, Cato, Vaughn, Shissias, Chamblee, Wright, Keyserling, Keegan, Spearman, H. Brown, Allison, Thomas, Harrell, Riser, Byrd, Klauber, Waldrop, Stille, R. Young, Barber, Kelley, Gonzales, Holt, Delleney, Jennings, Canty and Wilkes
S. Printed 4/27/94--S.
Read the first time June 1, 1993.
To whom was referred a Joint Resolution (H. 3894), proposing an amendment to Article III, Section 7 of the Constitution of South Carolina, 1895, relating to qualifications of members of the State Senate and House of Representatives, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, page 1, beginning on line 32, in SECTION 1, by striking /punishable by imprisonment of not less than five years/.
Amend the bill further, as and if amended, page 2, beginning on line 15, in SECTION 2, by striking /punishable by imprisonment for not less than five years/.
Amend the bill further, as and if amended, page 2, beginning on line 42, in SECTION 3, by striking /punishable by imprisonment of not less than five years/
Amend the bill further, as and if amended, page 3, beginning on line 24, in SECTION 4, by striking /punishable by imprisonment for not less than five years/
Amend the bill further, as and if amended, page 4, beginning on line 1, by striking SECTIONS 5 and 6 in their entirety.
Amend title to conform.
ADDISON "JOE" WILSON, for Committee.
PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 7 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO QUALIFICATIONS OF MEMBERS OF THE STATE SENATE AND HOUSE OF REPRESENTATIVES, AND TO ARTICLE VI, SECTION 1, RELATING TO THE ELIGIBILITY FOR OFFICE OF ANY PERSON POPULARLY ELECTED TO ANY OFFICE OF THIS STATE OR THE POLITICAL SUBDIVISIONS OF THIS STATE, SO AS TO PROVIDE THAT NO PERSON IS ELIGIBLE FOR THESE OFFICES WHO HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW, INCLUDING A PLEA OF GUILTY OR NOLO CONTENDERE TO THESE OFFENSES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article III, Section 7 of the Constitution of South Carolina, 1895, is amended by adding a paragraph at the end to read:
"No person who has been convicted of a felony punishable by imprisonment of not less than five years under federal law or the law of any state, that was a felony at the time and in the jurisdiction the offense was committed, or who has pled guilty or nolo contendere to such a felony is eligible to serve as a member of the Senate or the House of Representatives. However, notwithstanding any other provisions of this Constitution, this paragraph does not apply to a person who has been pardoned under state or federal law of the disqualifying felony or to a person who files for public office ten years or more after the completion date of service of the sentence, including probation and parole time."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Must Article III, Section 7 of the Constitution of this State relating to qualifications of members of the State Senate and House of Representatives be amended so as to provide that no person is eligible for these offices who has been convicted of a felony under state or federal law punishable by imprisonment for not less than five years, including a plea of guilty or nolo contendere to these offenses and to provide that this limitation on eligibility does not apply to a person pardoned for the offense or who files for office ten years or more from the date the sentence, including probation and parole time, is served?
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'."
SECTION 3. Article VI, Section 1 of the Constitution of South Carolina, 1895, is amended by adding a paragraph at the end to read:
"In addition to the requirements provided in the preceding paragraph, no person may be popularly elected to an office in this State or its political subdivisions who has been convicted of a felony punishable by imprisonment of not less than five years under federal law or the law of any state that was a felony at the time and in the jurisdiction the offense was committed, or who has pled guilty or nolo contendere to such a felony. However, notwithstanding any other provisions of this constitution, this paragraph does not apply to a person who has been pardoned under state or federal law of the disqualifying felony or to a person who files for public office ten years or more after the completion date of service of the sentence, including probation and parole time."
SECTION 4. The proposed amendment must be submitted to the qualified electors at the next general election. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Must Article VI, Section 1 of the Constitution of this State relating to the eligibility for office of any person popularly elected to any office of this State or the political subdivisions of this State be amended so as to provide that no person is eligible for these offices who has been convicted of a felony under state or federal law punishable by imprisonment for not less than five years, including a plea of guilty or nolo contendere to these offenses and to provide that this limitation on eligibility does not apply to a person pardoned for the offense or who files for office ten years or more from the date the sentence, including probation and parole time, is served?
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'."
SECTION 5. Article VI, Section 1 of the Constitution of South Carolina, 1895, is amended to read:
"Section 1. No person shall may be popularly elected to any office in this State or its political subdivisions unless he possess possesses the qualifications of an elector,. Every qualified elector shall be eligible to any office to be voted for, unless is not disqualified by age as prescribed in this Constitution, and has not been convicted of a felony under state or federal law, including a plea of guilty or nolo contendere to these offenses. No person shall may be elected or appointed to office in this State for life or during good behavior, but the terms of all officers shall must be for some specified period except officers in the militia."
SECTION 6. The proposed amendment must be submitted to the qualified electors at the next general election. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Must Article VI, Section 1 of the Constitution of this State relating to the eligibility for office of any person popularly elected to any office of this State or the political subdivisions of this State be amended, so as to provide that no person is eligible for these offices who has been convicted of a felony under state or federal law, including a plea of guilty or nolo contendere to these offenses?
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'."