Download This Bill in Microsoft Word format
A228, R305, H3460
STATUS INFORMATION
General Bill
Sponsors: Reps. Jennings, Lucas, F.N. Smith, Bales and Hayes
Document Path: l:\council\bills\bbm\9406zw03.doc
Introduced in the House on January 29, 2003
Introduced in the Senate on April 8, 2003
Last Amended on May 29, 2003
Passed by the General Assembly on May 5, 2004
Governor's Action: May 11, 2004, Signed
Summary: Caretakers of elderly\disabled may be excused from jury duty
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
-------------------------------------------------------------------------------
1/29/2003 House Introduced and read first time HJ-9
1/29/2003 House Referred to Committee on Judiciary HJ-9
4/2/2003 House Committee report: Favorable with amendment Judiciary
HJ-97
4/3/2003 House Amended HJ-21
4/3/2003 House Read second time HJ-22
4/3/2003 House Unanimous consent for third reading on next legislative
day HJ-23
4/4/2003 House Read third time and sent to Senate HJ-3
4/8/2003 Senate Introduced and read first time SJ-30
4/8/2003 Senate Referred to Committee on Judiciary SJ-30
5/28/2003 Senate Committee report: Favorable with amendment Judiciary
SJ-21
5/29/2003 Scrivener's error corrected
5/29/2003 Senate Amended SJ-67
5/29/2003 Senate Read second time SJ-67
5/29/2003 Senate Ordered to third reading with notice of amendments SJ-67
6/2/2003 Scrivener's error corrected
4/29/2004 Senate Read third time and returned to House with amendments
SJ-22
5/5/2004 House Concurred in Senate amendment and enrolled HJ-13
5/6/2004 Ratified R 305
5/11/2004 Signed By Governor
5/14/2004 Copies available
5/14/2004 Effective date 05/11/04
5/18/2004 Act No. 228
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
1/29/2003
4/2/2003
4/3/2003
5/28/2003
5/29/2003
5/29/2003-A
6/2/2003
(A228, R305, H3460)
AN ACT TO AMEND SECTION 14-7-860, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCUSING JURORS FOR GOOD CAUSE, SO AS TO PROVIDE THAT A PERSON WHO IS THE PRIMARY CARETAKER OF A PERSON SIXTY-FIVE YEARS OF AGE OR OLDER OR A SEVERELY DISABLED PERSON WHO CANNOT CARE FOR HIMSELF OR CANNOT BE LEFT UNATTENDED MAY BE EXCUSED FROM JURY DUTY BY THE PRESIDING JUDGE.
Be it enacted by the General Assembly of the State of South Carolina:
Authority of judge to excuse jurors for good cause
SECTION 1. Section 14-7-860 of the 1976 Code, as last amended by Act 394 of 2000, is further amended to read:
"Section 14-7-860. (A) The presiding judge for cause shown may excuse any person from jury duty at any term of court if the judge considers it advisable. But no juror who has been drawn to serve at any term of the court may be excused except for good and sufficient cause, which, together with his application, must be filed in the office of the clerk of court and remain on record.
(B) A person who:
(1) has legal custody and the duty of care for a child less than seven years of age;
(2) is the primary caretaker of a person aged sixty-five or older; or
(3) is the primary caretaker of a severely disabled person who is unable to care for himself or cannot be left unattended, and desires to be excused from jury duty must submit an affidavit to the clerk of court stating that he is unable to provide adequate care for the child, person aged sixty-five or older, or disabled person while performing jury duty, and must be excused by the presiding judge from jury service. The provisions of Section 14-7-870 do not apply to any juror described in this subsection who: (a) has a child less than seven years of age, (b) is the primary caretaker of a person aged sixty-five or older, or (c) is the primary caretaker of a severely disabled person who is unable to care for himself or cannot be left unattended.
(C) Upon submitting an affidavit to the clerk of court requesting to be excused from jury duty, a person either may be excused or transferred to another term of court by the presiding judge if the person performs services for a business, commercial, or agricultural enterprise, and the person's services are so essential to the operations of the business, commercial, or agricultural enterprise that the enterprise must close or cease to function if the person is required to perform jury duty.
(D) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine not to exceed one thousand dollars or imprisoned not more than thirty days, or both."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Ratified the 6th day of May, 2004.
Approved the 11th day of May, 2004.
This web page was last updated on Monday, December 7, 2009 at 10:26 A.M.