South Carolina General Assembly
113th Session, 1999-2000

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Bill 330


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      330
Type of Legislation:              Joint Resolution JR
Introducing Body:                 Senate
Introduced Date:                  19990114
Primary Sponsor:                  Holland
All Sponsors:                     Holland, Courtney and Saleeby
Drafted Document Number:          l:\council\bills\nbd\11036jm99.doc
Residing Body:                    Senate
Current Committee:                Judiciary Committee 11 SJ
Subject:                          General Assembly to provide nonjury bench 
                                  trials in cases twenty-five thousand dollars 
                                  or less; Courts, Jurors


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  19990114  Introduced, read first time,           11 SJ
                  referred to Committee


                             Versions of This Bill

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO SECTION 14, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE RIGHT OF TRIAL BY JURY AND THE RIGHTS OF DEFENDANTS IN CRIMINAL CASES, SO AS TO AUTHORIZE THE GENERAL ASSEMBLY TO PROVIDE FOR NONJURY BENCH TRIALS IN CASES AT LAW WHEN THE AMOUNT IN CONTROVERSY IS TWENTY-FIVE THOUSAND DOLLARS OR LESS.

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

SECTION 1. It is proposed that Section 14, Article I of the Constitution of this State be amended to read:

"Section 14. The right of trial by jury shall be preserved inviolate. Any person charged with an offense shall enjoy the right to a speedy and public trial by an impartial jury; to be fully informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to be fully heard in his defense by himself or by his counsel or by both; provided, that the General Assembly shall provide for nonjury bench trials in cases at law when the amount in controversy is twenty-five thousand dollars or less."

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:

"Shall Section 14, Article I of the Constitution of this State relating to the right of trial by jury and the rights of defendants in criminal cases be amended so as to authorize the General Assembly to provide for nonjury bench trials in cases at law when the amount in controversy is twenty-five thousand dollars or less?

Yes [ ]

No [ ]

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'."

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