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COMMITTEE REPORT
March 8, 2000
H. 3056
S. Printed 3/8/00--S. [SEC 3/9/00 7:40 PM]
Read the first time March 9, 1999.
To whom was referred a Bill (H. 3056), to amend Section 22-2-130, as amended, Code of Laws of South Carolina, 1976, relating to the penalty for failure to appear for jury service, 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, by striking the bill in its entirety, and inserting therein the following:
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 14-17-850, 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, CODE OF LAWS OF SOUTH CAROLINA, 1976, 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, RELATING TO THE PENALTY FOR FAILURE TO APPEAR FOR JURY SERVICE IN MAGISTRATE'S 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; AND TO AMEND SECTION 34-11-90, AS AMENDED, RELATING TO JURISDICTION OVER OFFENSES CONCERNING FRAUDULENT CHECKS, SO AS TO CLARIFY THAT THE 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 FIVE HUNDRED DOLLARS.
Be it enacted by the General Assembly of the State of South Carolina:
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 1996 and every third each 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. 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 1996 and every third each year thereafter in this same month, 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. Prior to Before furnishing the list, the commission shall 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.
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 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 2. Section 14-7-250, 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 actually serve as jurors 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."
SECTION 3. Section 14-7-850, 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 unless he actually attends and serves as a juror in pursuance of such draft, nor is he exempt from serving on a jury in any other court in consequence of his having served before a magistrate."
SECTION 4. Section 14-25-165(a) and (b) of the 1976 Code is amended to read:
"(a)(1) The drawing and composing of juries for single trials or terms of court shall must be conducted, mutatis mutandi, according to the statutes relating to the drawing and composing of juries in magistrates' 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 shall 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) above, 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 prior to 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 such the jurors are drawn, the judge shall issue his writ of venire facias for such the jurors requiring their attendance on the first day of the week for which they have been drawn. and such This writ shall must be forthwith delivered to the chief of police, or may be served by regular mail by the clerk of 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 magistrate's court in which a jury is required, a jury list shall 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 the this list of names so drawn shall 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."
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 those a magistrate's courts court which schedule 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 prior to 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 such the jurors are drawn, the magistrate shall issue his writ of venire facias for such the jurors requiring their attendance on the first day of the week for which they have been drawn. and such This writ shall must be forthwith delivered to the magistrate's constable or the sheriff of the county concerned."
SECTION 7. Section 22-2-130 of the 1976 Code is amended to read:
"Section 22-2-130. If any a juror duly summoned neglects or refuses to appear in obedience to any a venire issued by a magistrate's court and within forty-eight hours does not render within forty-eight hours to the summoning magistrate a sufficient reason for his delinquency, he shall must pay a civil penalty not exceeding one hundred dollars. A failure to pay forthwith the civil penalty assessed constitutes is a contempt of court and may be punished accordingly. No A person shall not serve on a jury in a magistrate's court more than once in a three-month period every calendar year."
SECTION 8. Section 34-11-90(a)(4), as last amended by an unnumbered act of 2000, bearing Ratification No. 225, is further amended to read:
"(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 less than five hundred dollars or by imprisonment for not less than thirty days, or both."
SECTION 9. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
JAMES E. BRYAN, JR., for Committee.
TO AMEND SECTION 22-2-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR FAILURE TO APPEAR FOR JURY SERVICE IN MAGISTRATE'S COURT AND THE FREQUENCY OF JURY SERVICE SO AS TO PROVIDE THAT A PERSON SHALL NOT SERVE ON A JURY MORE THAN ONCE EVERY THREE YEARS RATHER THAN ONCE EVERY THREE MONTHS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 22-2-130, as amended by Act 64 of 1997, is further amended to read:
"Section 22-2-130. If any a juror duly summoned neglects or refuses to appear in obedience to any a venire issued by a magistrate's court and within forty-eight hours does not render within forty-eight hours to the summoning magistrate a sufficient reason for his delinquency, he shall pay a civil penalty not exceeding one hundred dollars. A failure to pay forthwith the civil penalty assessed constitutes is a contempt of court and may be punished accordingly. No A person shall not serve on a jury in a magistrate's court more than once in a three-month period every calendar year."
SECTION 2. This act takes effect upon approval by the Governor.
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