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Current Status Bill Number:View additional legislative information at the LPITS web site.3056 Ratification Number:278 Act Number:257 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19990112 Primary Sponsor:Kirsh All Sponsors:Kirsh Drafted Document Number:l:\council\bills\bbm\10027som99.doc Date Bill Passed both Bodies:20000404 Date of Last Amendment:20000330 Governor's Action:S Date of Governor's Action:20000501 Subject:Courts, magistrate; circuit jury or juror list on computer tape of driver's license or I.D. card holders, Public Safety History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20000516 Act No. A257 ------ 20000501 Signed by Governor ------ 20000426 Ratified R278 Senate 20000404 Concurred in House amendment, enrolled for ratification House 20000330 Senate amendments amended, returned to Senate with amendment House 20000330 Debate adjourned upon Senate amendments House 20000329 Debate adjourned upon Senate amendments until Thursday, 20000330 House 20000328 Debate adjourned upon Senate amendments until Wednesday, 20000329 House 20000323 Debate adjourned upon Senate amendments until Tuesday, 20000328 ------ 20000321 Scrivener's error corrected ------ 20000317 Scrivener's error corrected Senate 20000316 Amended, read third time, returned to House with amendment Senate 20000315 Read second time, notice of general amendments ------ 20000309 Scrivener's error corrected Senate 20000308 Committee report: Favorable with 11 SJ amendment Senate 19990309 Introduced, read first time, 11 SJ referred to Committee House 19990305 Read third time, sent to Senate House 19990304 Read second time, unanimous consent for third reading on Friday, 19990305 House 19990225 Request for debate by Representative Scott Parks Lloyd Clyburn G. Brown Tripp Lanford M. Hines Beck McMahand Davenport J. Hines M. McLeod Gourdine House 19990225 Amended House 19990224 Debate interrupted House 19990217 Committee report: Favorable with 25 HJ amendment House 19990112 Introduced, read first time, 25 HJ referred to Committee House 19981209 Prefiled, referred to Committee 25 HJ Versions of This Bill Revised on February 17, 1999 - Word format Revised on February 25, 1999 - Word format Revised on March 4, 1999 - Word format Revised on March 8, 2000 - Word format Revised on March 9, 2000 - Word format Revised on March 16, 2000 - Word format Revised on March 17, 2000 - Word format Revised on March 21, 2000 - Word format Revised on March 30, 2000 - Word format
(A257, R278, H3056)
AN ACT TO AMEND SECTION 14-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREPARATION OF A JURY LIST FROM A COMPUTER TAPE OF PERSONS HOLDING A VALID SOUTH CAROLINA DRIVER'S LICENSE OR IDENTIFICATION CARD, SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST SUPPLY THE COMPUTER TAPE TO THE STATE ELECTION COMMISSION EVERY YEAR INSTEAD OF EVERY THREE YEARS AND THAT THE TAPE MUST INCLUDE ALL PERSONS WHO OBTAINED A VALID DRIVER'S LICENSE OR IDENTIFICATION CARD DURING THE PREVIOUS YEAR AND EXCLUDE ALL PERSONS WHOSE DRIVER'S LICENSE OR IDENTIFICATION CARD HAS BEEN INVALIDATED BY JUDICIAL OR ADMINISTRATIVE ACTION OR WHO FAILED TO RENEW A DRIVER'S LICENSE OR IDENTIFICATION CARD, TO MAKE A TECHNICAL CHANGE, TO DELETE THE PROVISION REQUIRING THE DEPARTMENT TO FURNISH COUNTY JURY COMMISSIONERS WITH A TAPE OR LIST CONTAINING NEWLY LICENSED DRIVERS OR IDENTIFICATION CARD HOLDERS OVER THE AGE OF EIGHTEEN DURING THE YEARS IN WHICH JURY LISTS ARE NOT FURNISHED TO COUNTY JURY COMMISSIONERS BY THE STATE ELECTION COMMISSION, AND TO DELETE THE PROVISION REQUIRING THE STATE ELECTION COMMISSION TO FURNISH COUNTY JURY COMMISSIONERS WITH A TAPE OR LIST OF NEWLY REGISTERED VOTERS IN THE COUNTY ADDED SINCE ITS LAST REPORT; TO AMEND SECTION 14-7-250, AS AMENDED, RELATING TO THE DISPOSITION OF THE NAMES OF PERSONS WHO ARE DRAWN AND WHO SERVE AS JURORS, SO AS TO REVISE THIS PROVISION TO INCLUDE PERSONS WHO ATTEND A SESSION OF COURT AS A MEMBER OF A JURY POOL; TO AMEND SECTION 14-7-850, AS AMENDED, RELATING TO A PERSON'S LIABILITY TO BE DRAWN AND SERVE AS A JUROR MORE THAN ONCE DURING A YEAR, SO AS TO DELETE THE PROVISION THAT REQUIRES A PERSON WHO SERVES AS A JUROR BE EXEMPTED FROM JURY SERVICE UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 14-25-165, AND SECTIONS 22-2-80 AND 22-2-90, RELATING TO THE SELECTION OF THE JURY LIST IN MUNICIPAL AND MAGISTRATES COURTS, SO AS TO PROVIDE THAT THE COURT MAY DRAW ADDITIONAL NAMES OF QUALIFIED ELECTORS FOR THE JURY LIST IF THE COURT FIRST SEEKS AND RECEIVES THE APPROVAL OF COURT ADMINISTRATION; TO AMEND SECTION 22-2-130, AS AMENDED, RELATING TO THE PENALTY FOR FAILURE TO APPEAR FOR JURY SERVICE IN MAGISTRATES COURT AND THE FREQUENCY OF JURY SERVICE SO AS TO PROVIDE THAT A PERSON SHALL NOT SERVE ON A JURY MORE THAN ONCE EVERY CALENDAR YEAR RATHER THAN ONCE EVERY THREE MONTHS; TO AMEND SECTION 34-11-90, AS AMENDED, RELATING TO JURISDICTION OVER OFFENSES CONCERNING FRAUDULENT CHECKS, SO AS TO CLARIFY THAT THE IMPRISONMENT AND FINE WHICH MAY BE IMPOSED BY A MAGISTRATE FOR A SECOND OR SUBSEQUENT CONVICTION, IF THE AMOUNT OF THE CHECK IS MORE THAN FIVE HUNDRED DOLLARS BUT LESS THAN ONE THOUSAND DOLLARS, IS NOT MORE THAN THIRTY DAYS AND NOT MORE THAN FIVE HUNDRED DOLLARS, AND TO CLARIFY THAT THE IMPRISONMENT WHICH MAY BE IMPOSED FOR A SECOND OR SUBSEQUENT CONVICTION, IF THE AMOUNT OF THE CHECK IS FIVE HUNDRED DOLLARS OR LESS, IS NOT MORE THAN THIRTY DAYS; AND TO AMEND SECTION 22-1-15, AS AMENDED, TO MAKE A TECHNICAL CHANGE.
Be it enacted by the General Assembly of the State of South Carolina:
Furnish computer tape yearly
SECTION 1. Section 14-7-130 of the 1976 Code, as last amended by Act 467 of 1996, is further amended to read:
"Section 14-7-130. In September of each year, the Department of Public Safety shall furnish the State Election Commission a computer tape of the name, address, date of birth, social security number, sex, and race of persons who are over the age of eighteen years and citizens of the United States residing in each county who hold a valid South Carolina driver's license or an identification card issued pursuant to Section 57-3-910. The computer tape also must include persons who have obtained a valid South Carolina driver's license or identification card during the previous year, and exclude persons whose driver's license or identification card has not been renewed or has been invalidated by judicial or administrative action. In October of each year, the State Election Commission shall furnish a jury list to county jury commissioners consisting of a tape or list derived by merging the list of registered voters in the county with county residents appearing on the tape furnished by the department, but only those licensed drivers and identification cardholders who are eligible to register to vote may be included in the list. Before furnishing the list, the commission must make every effort to eliminate duplicate names and names of persons disqualified from registering to vote or voting pursuant to the laws and Constitution of this State. As furnished to the jury commissioners by the State Election Commission, the list or tape constitutes the roll of eligible jurors in the county. Expenses of the Department of Public Safety and State Election Commission in implementing this section must be borne by these agencies."
Jury pool includes persons who attend session of court
SECTION 2. Section 14-7-250 of the 1976 Code, as last amended by Act 233 of 1996, is further amended to read:
"Section 14-7-250. The names of those who are drawn and attend a session of court as a member of a jury pool must be placed in an envelope and must not be put back into the jury box until the first revision of the jury list provided for after they have been so drawn, to the end that no person is required to serve as a juror more than once in three calendar years. Nothing contained in this article may be construed to be in conflict with the provisions of the law as to selecting by lot from the grand jury six members to serve for the ensuing year.
Nothing contained in this article prohibits a person whose name has been properly drawn and who desires to serve as a juror from serving more frequently than once every three calendar years, except that no person shall serve as a juror more than once every calendar year as provided in Section 14-7-850."
Exemption clarified
SECTION 3. Section 14-7-850 of the 1976 Code, as last amended by Act 233 of 1996, is further amended to read:
"Section 14-7-850. No person is liable to be drawn and serve as a juror in any court more often than once every three calendar years and no person shall serve as a juror more than once every calendar year, but he is not exempt from serving on a jury in any other court in consequence of his having served before a magistrate."
Procedure for drawing jurors from larger list of names in municipal court
SECTION 4. Section 14-25-165(a) and (b) of the 1976 Code are amended to read:
"(a)(1) The drawing and composing of juries for single trials or terms of court must be conducted, mutatis mutandis, according to the statutes relating to the drawing and composing of juries in magistrates courts, except as otherwise specifically provided by this chapter.
(2) A person appointed by the municipal judge who is not connected with the trial of the case for either party shall draw out of Compartment 'A' of the jury box thirty names, and the list of names so drawn must be delivered to each party or to the attorney for each party.
(3) If a court has experienced difficulty in drawing a sufficient number of jurors from the qualified electors of the area, and, prior to implementing a process pursuant to this item, seeks and receives the approval of South Carolina Court Administration, the person selected by the presiding municipal judge may draw not less than thirty, but not more than a number determined sufficient by court administration for the jury list, and shall deliver this list to each party or the attorney for each party.
(b)(1) In addition to the procedure for drawing a jury list as provided for in subsection (a), in those courts which schedule terms for jury trials, the judge may select a jury list in the manner provided by this subsection.
(2) Not less than ten nor more than twenty days before a scheduled term of jury trials, a person selected by the presiding judge shall draw at least forty jurors to serve one week only.
(3) If a court has experienced difficulty in drawing a sufficient number of jurors from the qualified electors of the area, and, prior to implementing a process pursuant to this item, seeks and receives the approval of South Carolina Court Administration, the person selected by the presiding municipal judge may draw not less than forty, but not more than a number determined sufficient by court administration to serve one week only.
(4) Immediately after the jurors are drawn, the judge shall issue his writ of venire facias for the jurors requiring their attendance on the first day of the week for which they have been drawn. This writ must be delivered to the chief of police or may be served by regular mail by the clerk of court."
Procedure for drawing jurors from larger list of names in magistrates court
SECTION 5. Section 22-2-80 of the 1976 Code is amended to read:
"Section 22-2-80. (A) In all cases except as provided in Section 22-2-90 in a magistrates court in which a jury is required, a jury list must be selected in the following manner:
A person appointed by the magistrate who is not connected with the trial of the case for either party shall draw out of Compartment 'A' of the jury box thirty names, and this list of names must be delivered to each party or to the attorney for each party.
(B) If a court has experienced difficulty in drawing a sufficient number of jurors from the qualified electors of the area, and, prior to implementing a process pursuant to this subsection, seeks and receives the approval of South Carolina Court Administration, the person selected by the presiding magistrate may draw not less than thirty, but not more than a number determined sufficient by court administration for the jury list, and shall deliver this list to each party or the attorney for each party."
Procedure for drawing jurors from larger list of names in magistrates court
SECTION 6. Section 22-2-90 of the 1976 Code is amended to read:
"Section 22-2-90. (A) In addition to the procedure for drawing a jury list as provided for in Section 22-2-80, in a magistrates court which schedules terms for jury trials, the magistrate may select a jury list in the manner provided by this section.
(B) Not less than ten nor more than twenty days before a scheduled term of jury trials, a person selected by the presiding magistrate shall draw forty jurors to serve one week only.
(C) If a court has experienced difficulty in drawing a sufficient number of jurors from the qualified electors of the area, and, prior to implementing a process pursuant to this subsection, seeks and receives the approval of South Carolina Court Administration, the person selected by the presiding magistrate may draw not less than forty, but not more than a number determined sufficient by court administration to serve one week only.
(D) Immediately after the jurors are drawn, the magistrate shall issue his writ of venire facias for the jurors requiring their attendance on the first day of the week for which they have been drawn. This writ must be delivered to the magistrates constable or the sheriff of the county concerned."
Limitation on service in magistrates court of once every calendar year
SECTION 7. Section 22-2-130 of the 1976 Code, as last amended by Act 64 of 1997, is further amended to read:
"Section 22-2-130. If a juror duly summoned neglects or refuses to appear in obedience to a venire issued by a magistrates court and does not render within forty-eight hours to the summoning magistrate a sufficient reason for his delinquency, he must pay a civil penalty not exceeding one hundred dollars. A failure to pay the civil penalty assessed is a contempt of court and may be punished accordingly. A person shall not serve on a jury in a magistrates court more than once every calendar year."
Penalties for subsequent convictions clarified
SECTION 8. Section 34-11-90(a)(3) and (4) of the 1976 Code, as last amended by an act of 2000, bearing ratification number 225, is further amended to read:
"(3) for a second or subsequent conviction, if the amount of the instrument is five hundred dollars or less, by a fine of two hundred dollars or by imprisonment for not more than thirty days;
(4) for a second or subsequent conviction, if the amount of the instrument is more than five hundred dollars but not greater than one thousand dollars, by a fine of not more than five hundred dollars or by imprisonment for not more than thirty days, or both."
Education requirements not applicable to magistrate serving on June 30, 2001, during tenure
SECTION 9. Section 22-1-15(B) of the 1976 Code, as last amended by an act of 2000, bearing ratification number 225, is further amended to read:
"(B) The provisions of Section 22-1-10(B)(2)(a) and (b) do not apply to a magistrate serving on June 30, 2001, during his tenure in office."
Time effective
SECTION 10. This act takes effect upon approval by the Governor.
Ratified the 26th day of April, 2000.
Approved the 1st day of May, 2000.
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