Bill 59

                    Current Status

Bill Number:                       59
Type of Legislation:               Joint Resolution JR
Introducing Body:                  Senate
Introduced Date:                   19950110
Primary Sponsor:                   McConnell 
All Sponsors:                      McConnell, Wilson, Ryberg,
                                   Giese, Rose, Gregory, Richter 
Drafted Document Number:           JIC\5030SD.95
Companion Bill Number:             3058
Residing Body:                     Senate
Current Committee:                 Judiciary Committee 11 SJ
Subject:                           Grand, petit jurors; death
                                   penalty

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

Senate  19950222  Recommitted to Committee                 11 SJ
Senate  19950215  Debate interrupted by adjournment
Senate  19950214  Debate interrupted by adjournment
Senate  19950208  Debate interrupted by adjournment
Senate  19950207  Debate interrupted by adjournment
Senate  19950125  Committee report: majority               11 SJ
                  favorable, minority unfavorable
Senate  19950110  Introduced, read first time,             11 SJ
                  referred to Committee
Senate  19941003  Prefiled, referred to Committee          11 SJ

COMMITTEE REPORT

January 25, 1995

S. 59

Introduced by SENATORS McConnell, Wilson, Ryberg, Rose, Gregory, Giese and Richter

S. Printed 1/25/95--S.

Read the first time January 10, 1995.

To whom was referred a Joint Resolution (S. 59), proposing an amendment to Section 22 of Article V of the Constitution of South Carolina, 1895, relating to grand and petit juries, etc., respectfully

That they have duly and carefully considered the same, and recommend that the same do pass:

Majority favorable. Minority unfavorable.

GLENN F. McCONNELL ROBERT FORD

For Majority. For Minority.

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO SECTION 22 OF ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO GRAND AND PETIT JURIES, SO AS TO PROVIDE THAT TEN OR MORE MEMBERS INSTEAD OF ALL TWELVE MEMBERS OF A JURY SHALL VOTE IN FAVOR OF IMPOSING THE DEATH PENALTY WHERE A DEFENDANT HAS BEEN CONVICTED OF MURDER IN ORDER FOR THE DEATH PENALTY TO BE IMPOSED.

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

SECTION 1. It is proposed that Section 22 of Article V of the Constitution of this State be amended by adding:

"Notwithstanding the provisions of this section, to impose the death penalty on a defendant convicted of murder, only ten or more members of the jury shall vote in favor of imposing the death penalty."

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 ballots:

"Must Section 22 of Article V of the Constitution of this State be amended so as to provide that ten or more members instead of all twelve members of a jury shall vote in favor of imposing the death penalty where a defendant has been convicted of murder in order for the death penalty to be imposed?

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'."