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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-7-345 SO AS TO REQUIRE THE SOLICITOR, BEFORE CALLING A CRIMINAL CASE FOR TRIAL, TO CERTIFY IN WRITING THAT IT IS THE SOLICITOR'S PROFESSIONAL OPINION THAT A JURY, UPON THE TRIAL OF THIS PARTICULAR CASE, WILL MORE LIKELY THAN NOT RETURN A VERDICT OF GUILTY, TO PROVIDE THE CERTIFICATION TO THE COURT AND COUNSEL FOR THE DEFENDANT, AND TO RECORD IT IN THE SOLICITOR'S OFFICE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "Solicitor's Certification Act of 2003".
SECTION 2. Article 3, Chapter 7, Title 1 of the 1976 Code is amended by adding:
"Section 1-7-345. (A) Before calling a criminal case for trial, the solicitor shall certify in writing that it is the solicitor's professional opinion that a jury, upon the trial of this particular case, will more likely than not return a verdict of guilty.
(B) The solicitor shall provide the certification to the court and counsel for the defendant, and record it in the solicitor's office. The certification must not be referred to during the trial. The certification becomes a public record after the trial."
SECTION 3. This act takes effect upon approval by the Governor.
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