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Indicates Matter Stricken
Indicates New Matter
Sponsors: Senators McConnell, Hayes, Ritchie, Knotts and Verdin
Document Path: l:\s-jud\bills\mcconnell\jud0003.gfm.doc
Companion/Similar bill(s): 3396, 3529
Introduced in the Senate on January 14, 2003
Currently residing in the Senate Committee on Judiciary
Summary: Peremptory challenges, number allowed
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/11/2002 Senate Prefiled 12/11/2002 Senate Referred to Committee on Judiciary 1/14/2003 Senate Introduced and read first time SJ-47 1/14/2003 Senate Referred to Committee on Judiciary SJ-47
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VERSIONS OF THIS BILL
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.
Amend Title To Conform
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:
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 peremptory challenges 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, 2003, and applies to all criminal trials conducted on or after that date.
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