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Bill 3435

                    Current Status

Bill Number:                      3435
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20010201
Primary Sponsor:                  Wilkins
All Sponsors:                     Wilkins, Harrison, Leach, Simrill, 
                                  Robinson, White
Drafted Document Number:          l:\council\bills\skb\18071som01.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Criminal cases, number of peremptory 
                                  challenges allowed to defendants and state 
                                  equalized; Courts, Juries and Jurors


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20010327  Co-Sponsor added (Rule 5.2) by Rep.            White
House   20010301  Co-Sponsor added (Rule 5.2) by Rep.            Robinson
House   20010221  Co-Sponsor added (Rule 5.2) by Rep.            Simrill
House   20010220  Co-Sponsor added (Rule 5.2) by Rep.            Leach
House   20010201  Introduced, read first time,           25 HJ
                  referred to Committee


              Versions of This Bill

TO AMEND SECTION 14-7-1110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, 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 AND TO ADD TO THE LIST OF SPECIFIC OFFENSES FOR WHICH THE DEFENDANT AND THE STATE ARE ENTITLED TO TEN CHALLENGES.

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

SECTION    1.    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 first degree, arson first or second degree, criminal sexual conduct first or second degree, armed robbery, grand larceny, or breach of trust when it is punishable as for grand larceny, perjury, or forgery homicide by child abuse, assault and battery with intent to kill, kidnapping, felony DUI, trafficking in cocaine, trafficking in heroin, or trafficking in crack, ice, or crank, is entitled to peremptory challenges not exceeding ten, and the State in these cases is entitled to peremptory challenges not exceeding five ten. Any A person who is indicted for any 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 a case where there is more than one defendant is jointly tried, are no more than twenty ten peremptory challenges are allowed in all to the defendants, and in misdemeanors when there is more than one defendant jointly tried no more than ten peremptory challenges are allowed in all to the defendants. In felonies when there is more than one defendant jointly tried the State has ten challenges no more than ten peremptory challenges are allowed to the State."

SECTION    2.    This act takes effect July 1, 2001, and applies to all criminal trials conducted on or after that date.

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