Current Status Bill Number:
325Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 19950110Primary Sponsor: HayesAll Sponsors: Hayes and WilsonDrafted Document Number: DKA\3492CM.95Companion Bill Number: 3056Residing Body: SenateCurrent Committee: Judiciary Committee 11 SJSubject: Peremptory challenges
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ Senate 19960307 Recommitted to Committee 11 SJ Senate 19950418 Committee report: majority 11 SJ favorable, with amendment, minority unfavorable Senate 19950110 Introduced, read first time, 11 SJ referred to CommitteeView additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
April 18, 1995
S. Printed 4/18/95--S.
Read the first time January 10, 1995.
To whom was referred a Bill (S. 325), to amend Section 14-7-1110, as amended, Code of Laws of South Carolina, 1976, 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 2, line 1, by striking SECTION 2 in its entirety and inserting therein the following:
/SECTION 2. Section 14-7-1120 of the 1976 Code is further amended to read:
"Section 14-7-1120. In criminal cases the prosecution is entitled to one two and the defendant to two peremptory challenges for each alternate juror called under the provisions of Section 14-7-320 and in civil cases, each party shall have one strike for each alternate juror."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Majority favorable. Minority unfavorable.
DONALD H. HOLLAND ROBERT FORD
For Majority. For Minority.
TO AMEND SECTION 14-7-1110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUMBER OF PEREMPTORY CHALLENGES FOR DEFENDANTS AND THE STATE IN CRIMINAL CASES, SO AS TO EQUALIZE THE NUMBER OF PEREMPTORY CHALLENGES ALLOWED TO DEFENDANTS AND THE STATE IN CRIMINAL CASES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 14-7-1110 of the 1976 Code, as last amended by Act 10 of 1987, is further amended to read:
"Section 14-7-1110. Any A person who is arraigned for the crime of murder, manslaughter, burglary, arson, criminal sexual conduct, armed robbery, grand larceny, or breach of trust when it is punishable as for grand larceny, perjury, or forgery is entitled to peremptory challenges not exceeding ten, and the State in these cases is entitled to peremptory challenges not exceeding five ten. Any A person who is indicted for any crime or offense other than those enumerated above has the right to peremptory challenges not exceeding five, and the State in these cases is entitled to peremptory challenges not exceeding five. No right to stand aside jurors is allowed to the State in any case whatsoever. In no case where a felony proceeding when there is more than one defendant jointly tried, are no more than twenty peremptory challenges are allowed in all to the defendants, and in no more than twenty challenges are allowed to the State. In misdemeanors misdemeanor proceedings when there is more than one defendant jointly tried, no more than ten peremptory challenges are allowed in all to the defendants, and no more than ten challenges are allowed to the State. In felonies when there is more than one defendant jointly tried the State has ten challenges."
SECTION 2. This act takes effect upon approval by the Governor.