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Current Status Bill Number:View additional legislative information at the LPITS web site.468 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19990204 Primary Sponsor:Hayes All Sponsors:Hayes, Waldrep, Martin, Wilson and Ryberg Drafted Document Number:l:\council\bills\bbm\10069som99.doc Companion Bill Number:3529 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Equalization of Defendants' and Victims' Rights Act of 1999, Courts, Crimes and Offenses, Juries and Jurors History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 19990204 Introduced, read first time, 11 SJ referred to Committee Versions of This Bill
TO ENACT "THE EQUALIZATION OF DEFENDANTS' AND VICTIMS' RIGHTS ACT OF 1999", INCLUDING PROVISIONS TO AMEND SECTION 14-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREPARATION OF CIRCUIT COURT JURY LISTS FROM A TAPE OF THOSE PERSONS HOLDING A VALID SOUTH CAROLINA DRIVER'S LICENSE OR IDENTIFICATION CARD, SO AS TO DELETE THIS PROVISION AND PROVIDE THAT THESE JURY LISTS MUST BE PREPARED BY THE STATE ELECTION COMMISSION FROM THE NAMES OF THE REGISTERED VOTERS IN THE COUNTY; TO AMEND SECTION 14-7-810, RELATING TO THE ENUMERATION OF DISQUALIFICATIONS FOR JURY SERVICE, SO AS TO PROVIDE A PERSON CONVICTED OF A CRIME PUNISHABLE BY IMPRISONMENT FOR MORE THAN SIXTY DAYS IS NOT QUALIFIED TO SERVE ON A JURY; TO AMEND SECTION 14-7-1010, RELATING TO THE ASCERTAINMENT OF QUALIFICATIONS OF JURORS BY THE PRESIDING JUDGE, SO AS TO PROVIDE THAT JURORS DISCLOSE ANY PENDING CRIMINAL CHARGES, IF ANY, TO THE PRESIDING JUDGE OF GENERAL SESSIONS COURT, AND TO PROVIDE FURTHER THAT THE JUDGE SHALL DISQUALIFY A JUROR WHO HAS CRIMINAL CHARGES PENDING IN GENERAL SESSIONS COURT IN ANY CIRCUIT OF THE STATE; TO AMEND SECTION 14-7-1110, AS AMENDED, 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; TO AMEND SECTION 14-7-1120, RELATING TO THE NUMBER OF PEREMPTORY CHALLENGES OF ALTERNATE JURORS IN CRIMINAL CASES, SO AS TO EQUALIZE THE NUMBER OF PEREMPTORY CHALLENGES ALLOWED TO DEFENDANTS AND THE STATE; TO AMEND CHAPTER 1, TITLE 17, RELATING TO GENERAL PROVISIONS FOR CRIMINAL PROCEDURES BY ADDING SECTION 17-1-60 SO AS TO PROVIDE THE COURT SHALL ORDER THE DEFENSE TO PRODUCE ITS PROSPECTIVE WITNESS LIST UPON REQUEST OF THE PROSECUTION IF THE PROSECUTION IS REQUIRED TO DISCLOSE ITS PROSPECTIVE WITNESS LIST TO THE DEFENDANT; TO AMEND SECTION 17-19-20, RELATING TO THE SUFFICIENCY OF THE INDICTMENT, SO AS TO PROVIDE FOR THE SUFFICIENCY OF AN INDICTMENT CHARGING A PERSON WITH THE COMMISSION OF MORE THAN ONE CRIME.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as "The Equalization of Defendants' and Victims' Rights Act of 1999".
SECTION 2. 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. (A) In September of 1996 and every third year thereafter in this same month, 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. In October of 19961999 and every third year thereafter subsequently in this same month October, the State Election Commission shall furnish a jury list to county jury commissioners consisting of a tape or list derived by merging from 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. Prior to furnishing the list, the commission shall 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 tape or list or tape constitutes the roll of eligible jurors in the county. Expenses of The Department of Public Safety and State Election Commission shall bear the expense of in implementing this section must be borne by these agencies.
(B) In addition to the above provisions of this section, In September of those years in which jury lists are not furnished to county jury commissioners by the State Election Commission, the department shall furnish the county jury commissioners with a tape or list of newly licensed drivers or identification card holders over the age of eighteen in the county added since its last report, and the State Election Commission shall furnish the county jury commissioners them with a tape or list of newly registered voters in the county added since its last report. The county jury commissioners are authorized to incorporate these new names into its roll of eligible jurors in the county."
SECTION 3. Section 14-7-810 of the 1976 Code is amended to read:
"Section 14-7-810. In addition to any other provision of law, no person is qualified to serve as a juror in any court in this State if:
(1) He has been convicted in a state or federal court of record of a crime punishable by imprisonment for more than one year and his civil rights have not been restored by pardon or amnesty sixty days.
(2) He is unable to read, write, speak, or understand the English language.
(3) He is incapable by reason of mental or physical infirmities to render efficient jury service. Legal blindness does not disqualify an otherwise qualified juror.
(4) He has less than a sixth grade education or its equivalent.
Any person called to jury service who knows or has good reason to suspect that he is disqualified under this section, upon questioning by the trial judge, hearing officer, or clerk of court, must state the disqualifying facts or the reasons for his suspicions. and any failure Failure to do so is punishable as contempt of court. The trial judge must make the final determination of the qualifications of a juror as set out in this section and his decision must not be disturbed on appeal."
SECTION 4. Section 14-7-1010 of the 1976 Code is amended to read:
"Section 14-7-1010. The presiding judge shall at each term of court ascertain the qualifications of the jurors.
The presiding judge shall determine whether any juror is disqualified or exempted by law and only he shall disqualify or excuse any juror as may be provided by law. The clerk of court shall maintain a list of all jurors excused or disqualified and the reasons provided therefor by the presiding judge, which list must be signed by the presiding judge. In no case shall the jury commissioners excuse or disqualify any juror for any reason whatsoever; provided that the clerk of court may, without court approval, transfer any juror to a subsequent term upon good and sufficient cause.
All jurors shall disclose any pending criminal charges, if any, to the presiding judge of general sessions court. The presiding judge shall disqualify any juror who has criminal charges pending against him in general sessions court in any circuit in the State."
SECTION 5. 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 five, and the State in these cases is entitled to peremptory challenges not exceeding five. Any A person who is indicted for any a 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 there is felonies when more than one defendant is jointly tried are no more than twenty ten peremptory challenges are allowed in all to the defendants, and no more than ten peremptory challenges are allowed the State in these cases. in In misdemeanors when there is more than one defendant is jointly tried no more than ten peremptory challenges are allowed in all to the defendants and no more than ten peremptory challenges are allowed to the State in these cases. In felonies when there is more than one defendant jointly tried the State has ten challenges."
SECTION 6. Section 14-7-1120 of the 1976 Code is amended to read:
"Section 14-7-1120. In criminal cases the prosecution is entitled to one and the defendant to two one peremptory challenges challenge 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 7. Chapter 1, Title 17 of the 1976 Code is amended by adding:
"Section 17-1-60. Notwithstanding any other provision of law, if the defendant requests disclosure of the prosecution's prospective witness list and the court grants this request, then upon request of the prosecution, the court shall order the defense to produce its prospective witness list for the prosecution within such time as may be ordered by the court."
SECTION 8. Section 17-19-20 of the 1976 Code is amended to read:
"Section 17-19-20. (A) Every An indictment shall be deemed and judged is sufficient and good in law which, if it:
(1) contains in addition to allegations as to time and place, as required by law, and
(2) charges the crime substantially in the language of the common law, or of the statute prohibiting the crime, or so plainly that the nature of the offense charged may be easily understood and, if the offense be a statutory offense, that the offense be is alleged to be contrary to the statute in such that case made and provided.
(B) An indictment charging the commission of more than one crime is sufficient and good in law if it:
(1) contains allegations as to the time and place of each crime, as required by law; and
(2) charges the commission of each crime substantially in the language of the common law for each crime, or of the statute prohibiting each of the crimes, or so plainly that the nature of the offense for each crime may be easily understood, and if the offense be a statutory offense for one of the crimes, that the offense is alleged to be contrary to the statute in that case."
SECTION 9. This act takes effect July 1, 1999 and applies to all offenses committed on or after that date.
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