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Bill 715

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

February 13, 2002

    S. 715

Introduced by Senators McConnell, J. Verne Smith, Hawkins and Peeler

S. Printed 2/13/02--S.

Read the first time May 24, 2001.

    To whom was referred a Bill (S. 715) to amend Section 14-7-1110, Code of Laws of South Carolina, 1976, relating to the number of peremptory challenges for defendants and the State in criminal cases, 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 all after the enacting words and inserting therein the following:

    SECTION    1.     Section 14-7-1110 of the 1976 Code is amended to read:

    "Section 14-7-110.    Any A person who is arraigned indicted 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 an A, B, C, or D Class Felony, or any other offense that carries a maximum term of imprisonment of fifteen years or more, except for a capital offense, is entitled to peremptory challenges not exceeding ten, and the State in these cases is entitled to peremptory challenges not exceeding five ten. A person who is indicted for a capital offense has the right to peremptory challenges not exceeding ten, and the State in these cases has the right to peremptory challenges not exceeding five. Any A person who is indicted for any other 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 non-capital case where there is more than one defendant jointly are 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 challengers are allowed to the State."

    SECTION    2.    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 two and the defendant to two peremptory challenges for each alternate juror called under the provisions of Section 14-7-320. and in In civil cases, each party shall have has one strike for each alternate juror."

    SECTION    3.    Chapter 7 of Title 14 of the 1976 Code is amended by adding:

    "Section 14-7-1125.    In every criminal court of record where a party which is a governmental agency, entity, or subdivision of government, including a solicitor or governmental prosecutor, has obtained criminal records, driving records, or other specialized juror information, the information must be made available to the opposing party, including the opposing counsel, prior to the beginning of the jury selection process at no cost to the opposing party."

    SECTION    4.    This act takes effect July 1, 2002, and applies to all criminal trials conducted on or after that date.

    Renumber sections to conform.

    Amend title to conform.

Majority favorable.    Minority unfavorable.

LARRY A. MARTIN    MAGGIE W. GLOVER

For Majority.    For Minority.

EXPLANATION OF IMPACT:

    The Judicial Department has indicated that there would be no fiscal impact on the General Fund of the State nor on federal and/or other funds.

    Approved By:

    Don Addy

    Office of State Budget

TO AMEND SECTION 14-7-1110, 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 ALLOCATED 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 is amended to read:

    "Section 14-7-110.    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 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 jointly are 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 challengers 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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