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Bill 715

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

May 8, 2002

    S. 715

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

S. Printed 5/8/02--H.

Read the first time March 12, 2002.

    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 bill, as and if amended, by deleting SECTION 1 of the bill and inserting:

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

    "Section 14-7-1110.    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 case where there is more than one defendant jointly tried are more than twenty peremptory challenges 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."/

    Amend the bill, further, by deleting SECTION 4 of the bill and inserting:

    /SECTION    4.    This act takes effect July 1, 2002./

    Amend the bill, further, by adding appropriately numbered SECTIONS to read:

    /SECTION __. The 1976 Code is amended by adding:

    "Section 14-7-1122.    (A)    In conjunction with the adoption of peremptory strike equalization provisions, in order to ensure fairness to all litigants in the criminal and civil courts of record in South Carolina, in all cases triable by a jury, voir dire panels of six prospective jurors must be permitted to be conducted by opposing counsel for a period of not more than thirty minutes per party for each six member panel. This attorney voir dire time period must be determined by agreement between counsel or, upon failure of counsel to agree, at the determination of the trial judge so long as within the time parameters.

    (B)    Voir dire conducted pursuant to this section is limited to potential juror bias, prejudice, or inability to listen, understand, or follow the evidence or the law of the case.

    (C)    This section does not apply to:

        (1)    offenses triable in magistrate's court when the maximum penalty for the offense is thirty days or less;

        (2)    voir dire of individual jurors in cases in which the death penalty may be imposed."

    SECTION    __.    The 1976 Code is amended by adding:

    "Section 22-5-920.    (A)    Following a first offense conviction as a youthful offender, the defendant after fifteen years from the date of the conviction may apply, or cause someone acting on his behalf to apply, to the circuit court for an order expunging the records of the arrest and conviction. However, this section does not apply to an offense involving the operation of a motor vehicle, to a violation of Title 50 or the regulations promulgated under it for which points are assessed, suspension provided for, or enhanced penalties for subsequent offenses authorized, to an offense classified as a violent crime in Section 16-1-60, or to an offense contained in Chapter 25 of Title 16, except as otherwise provided in Section 16-25-30. If the defendant has had no other conviction during the fifteen-year period following the first offense conviction as a youthful offender, the circuit court may issue an order expunging the records. No person may have his records expunged under this section more than once. A person may have his record expunged even though the conviction occurred before the effective date of this section.

    (B)    After the expungement, the South Carolina Law Enforcement Division shall maintain a nonpublic record of the offense and the date of its expungement to ensure that no person takes advantage of the rights permitted by this section more than once. This nonpublic record is not subject to release under Section 34-11-95, the Freedom of Information Act, or another provision of law, except to those authorized law enforcement or court officials who need this information in order to prevent the rights afforded by this section from being taken advantage of more than once.

    (C)    As used in this section, 'conviction' includes a guilty plea, a plea of nolo contendere, or the forfeiting of bail."

    SECTION    _.    The 1976 Code is amended by adding:

    "Section 22-5-115.    (A)    Notwithstanding another provision of law, a summary court or municipal judge may issue a summons to appear for trial instead of an arrest warrant, based upon a sworn statement of an affiant who is not a law enforcement officer investigating the case if the sworn statement establishes probable cause that the alleged crime was committed. The summons must express adequately the charges against the defendant. If the defendant fails to appear before the court, he may be tried in his absence or a bench warrant may be issued for his arrest. The summons must be served personally upon the defendant.

    (B)    The Attorney General must design the form containing the summons to appear. The form must include:

        (1)    an affidavit that establishes probable cause;

        (2)    a description of the charges against the defendant;

        (3)    the date, time, and place of the trial;

        (4)    the name of the issuing officer;

        (5)    the defendant's and affiant's name, address, and telephone number;

        (6)    the date and location of the incident; and

        (7)    notice that the defendant may be tried in his absence or a bench warrant may be issued for his arrest.

    (C)    A summons issued pursuant to this section must be tracked in the same manner as an arrest warrant."

    SECTION    _.    Section 8-13-1354 of the 1976 Code, as last amended by Act 6 of 1995, is further amended to read:

    "Section 8-13-1354.    A candidate, committee, or other person which makes an expenditure in the distribution, posting, or broadcasting of a communication to voters supporting or opposing a public official, a candidate, or a ballot measure must place his name and address on the printed matter in all capital letters and in fourteen point type or have his name spoken clearly on a broadcast so as to identify accurately the person and his address. Campaign buttons, balloons, yard signs, or similar items are exempt from this requirement."

    SECTION    _.    Section 16-3-26(A) of the 1976 Code, as last amended by Act 458 of 1996, is further amended to read:

    "(A)    (1)    Whenever the solicitor seeks the death penalty he shall notify the defense attorney of his intention to seek such penalty at least thirty days prior to the trial of the case. At the request of the defense attorney, the defense attorney shall be excused from all other trial duties ten days prior to the term of court in which the trial is to be held.

        (2)    When a solicitor gives a defense attorney notice of intent to seek the death penalty, he also must provide a copy of the notice of intent to seek the death penalty to the court administrator of this State and to the Commission on Indigent Defense. If not contained in his notice, the solicitor notifying the court administrator of his intent to seek the death penalty in a death penalty case must simultaneously provide the court administrator with the information required by Section 14-29-10."

    SECTION    _.    Title 14 of the 1976 Code is amended by adding:

    Section 14-29-10.    (A)    When a solicitor gives a defense attorney notice of the solicitor's intent to seek the death penalty as required under Section 16-3-26, the solicitor also must provide a copy of his notice of intent to seek the death penalty to the court administrator of this State.

    (B)    The solicitor's notice to the court administrator also must include the date notice is made, the alleged crime, the date the alleged crime occurred, the county in which the alleged crime occurred, demographic information about the victim, and the person or persons charged with the crime, including their age, race, sex, and ethnic background.

    (C)    The court administrator must use data provided by the solicitors to maintain records and statistics regarding the basic information submitted by the solicitors.

    (D)    The Office of Court Administration must compile, collate, index, and maintain a file of the information required by subsection (B). The file must be available to the general public during the normal business hours of the offices of Court Administration.

    (E)    Nothing in this section may be construed to prohibit the Office of Court Administration from requiring solicitors to report any information which is required by any other statute to be reported to the office.

    (F)    If a person desires to question the accuracy or completeness of any information submitted by the solicitor to the Office of Court Administration, he may submit a written request to the Office of Court Administration. The request must include a statement of the alleged inaccuracy or incompleteness, and must specify any proof or corroboration available. Upon receipt of the request, the office must, within sixty days of receipt of a written request for clarification, review its information and forward the results of the review to the person requesting the review.

    (G)    If the office concurs in the allegations of inaccuracy or incompleteness, it must correct the record, and the office shall inform the individual of its correction of any error in the record under this subdivision within sixty days.

    (H)    If the office denies the allegations of inaccuracy or incompleteness in the record, the matter may at the option of the applicant be referred for administrative adjudication in accordance with the rules of the local governing body.

    (I)    For purposes of this section, 'Court Administrator' and 'Office of Court Administration' have the same meaning and may be used interchangeably as the context may require.

    (J)    Nothing in this section, nor the failure of a solicitor to notify the court administrator of his intent to seek the death penalty or to supply the court administrator with information required by this section, nor the failure of the court administrator or any other person to comply with this section, may be taken or construed to confer a benefit or defense upon a defendant charged with a criminal offense in this State."/

    Renumber sections to conform.

    Amend totals and title to conform.

JAMES H. HARRISON for Committee.

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 14-7-1110.    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 challenges 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.

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