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90Type of Legislation: Joint Resolution JRIntroducing Body: SenateIntroduced Date: 20010110Primary Sponsor: WilsonAll Sponsors: Wilson, McConnell, Giese, Branton, HawkinsDrafted Document Number: l:\council\bills\swb\5075djc01.docResiding Body: SenateCurrent Committee: Judiciary Committee 11 SJSubject: Death penalty, number of juror's votes required to impose; Crimes and Offenses, Execution, Courts, Juries and JurorsHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20010110 Introduced, read first time, 11 SJ referred to Committee Versions of This Bill
PROPOSING AN AMENDMENT TO SECTION 22 OF ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO GRAND AND PETIT JURIES, SO AS TO PROVIDE THAT TEN OR MORE MEMBERS INSTEAD OF ALL TWELVE MEMBERS OF A JURY MUST VOTE IN FAVOR OF IMPOSING THE DEATH PENALTY WHERE A DEFENDANT HAS BEEN CONVICTED OF MURDER IN ORDER FOR THE DEATH PENALTY TO BE IMPOSED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 22 of Article V of the Constitution of this State be amended to read:
"Section 22. The petit jury of the circuit court shall consist of twelve members and the number of jurors of other courts must be determined by law. All jurors in any trial court must agree to a verdict in order to render the same. The grand jury of each county, and the state grand jury, as the General Assembly may establish by general law, shall consist of eighteen members, twelve of whom must agree in a matter before it can be submitted to the court. Each juror must be a resident of this State and have such other qualifications as the General Assembly may prescribe.
Notwithstanding the provisions of this section, to impose the death penalty on a defendant convicted of murder, only ten or more members of the jury must vote in favor of imposing the death penalty."
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 ballots:
"Must Section 22 of Article V of the Constitution of this State relating to grand and petit juries be amended so as to provide that ten or more members instead of all twelve members of a jury must vote in favor of imposing the death penalty where a defendant has been convicted of murder in order for the death penalty to be imposed?
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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